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The Oxford Companion to International Criminal Justice

Author : Antonio Cassese
Publisher : OUP UK
Release Date : 2009
ISBN 10 : 9780199238323
Pages : 1094 pages
Rating : 4.2/5 (238 downloads)

Download The Oxford Companion to International Criminal Justice in PDF Full Online by Antonio Cassese and published by OUP UK. This book was released on 2009 with total page 1094 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to face international crimes -- Fundamentals of international criminal law -- The interplay of international criminal law and other bodies of law -- International criminal trials.

The Oxford Companion to International Criminal Justice

Author :
Publisher : OUP Oxford
Release Date : 2009-01-22
ISBN 10 : 9780191553448
Pages : 1096 pages
Rating : 4.5/5 (553 downloads)

Download The Oxford Companion to International Criminal Justice in PDF Full Online by and published by OUP Oxford. This book was released on 2009-01-22 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.

The Defence of Mistake of Law in International Criminal Law

Author : Antonio Coco
Publisher : Oxford University Press
Release Date : 2022-08-04
ISBN 10 : 9780192895745
Pages : 305 pages
Rating : 4.8/5 (895 downloads)

Download The Defence of Mistake of Law in International Criminal Law in PDF Full Online by Antonio Coco and published by Oxford University Press. This book was released on 2022-08-04 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.

International Criminal Procedure

Author : Göran Sluiter
Publisher : OUP Oxford
Release Date : 2013-03-21
ISBN 10 : 9780191632594
Pages : 1728 pages
Rating : 4.6/5 (632 downloads)

Download International Criminal Procedure in PDF Full Online by Göran Sluiter and published by OUP Oxford. This book was released on 2013-03-21 with total page 1728 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

Pluralism in International Criminal Law

Author : Elies van Sliedregt
Publisher : OUP Oxford
Release Date : 2014-10-02
ISBN 10 : 9780191008290
Pages : 410 pages
Rating : 4.0/5 (8 downloads)

Download Pluralism in International Criminal Law in PDF Full Online by Elies van Sliedregt and published by OUP Oxford. This book was released on 2014-10-02 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

The Defendant in International Criminal Proceedings

Author : Björn Elberling
Publisher : Bloomsbury Publishing
Release Date : 2012-08-31
ISBN 10 : 9781847319968
Pages : 270 pages
Rating : 4.3/5 (319 downloads)

Download The Defendant in International Criminal Proceedings in PDF Full Online by Björn Elberling and published by Bloomsbury Publishing. This book was released on 2012-08-31 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often said that criminal procedure should ensure that the defendant is a subject, not just an object, of proceedings. This book asks to what extent this can be said to be true of international criminal trials. The first part of the book aims to find out the extent to which defendants before international criminal courts are able to take an active part in their trials. It takes an in-depth look at the procedural regimes of international courts, viewed against a benchmark provided by national provisions representing the main traditions of criminal procedure and by international human rights law. The results of this comparative endeavour are then used to shed light, from a practical point of view, on the oft-debated question whether (international) criminal trials should be used as a tool for writing history or whether, as claimed by Martti Koskenniemi, pursuing this goal leads to a danger of “show trials”.

The Fundamental Concept of Crime in International Criminal Law

Author : Iryna Marchuk
Publisher : Springer Science & Business Media
Release Date : 2013-07-29
ISBN 10 : 9783642282461
Pages : 304 pages
Rating : 4.2/5 (282 downloads)

Download The Fundamental Concept of Crime in International Criminal Law in PDF Full Online by Iryna Marchuk and published by Springer Science & Business Media. This book was released on 2013-07-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations

Author : Juan Carlos Ochoa S.
Publisher : Martinus Nijhoff Publishers
Release Date : 2013-02-06
ISBN 10 : 9789004212169
Pages : 333 pages
Rating : 4.2/5 (212 downloads)

Download The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations in PDF Full Online by Juan Carlos Ochoa S. and published by Martinus Nijhoff Publishers. This book was released on 2013-02-06 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations, Juan Carlos Ochoa offers a systematic analysis of international and comparative domestic law on the position of the victim in the prosecution of these infringements, points to the deficiencies of the current state of customary international law, and proposes specific reforms.

International Criminal Procedure

Author : Göran Sluiter
Publisher : Oxford University Press
Release Date : 2013-03-21
ISBN 10 : 9780199658022
Pages : 1720 pages
Rating : 4.6/5 (658 downloads)

Download International Criminal Procedure in PDF Full Online by Göran Sluiter and published by Oxford University Press. This book was released on 2013-03-21 with total page 1720 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The ambitious aim of the work is to create a guiding framework for international criminal procedural law and practices in the future. As explained by the working groups, the overarching objective of the project is to assist the challenge of delivering fair but also effective trials". -- FOREWORD.

Routledge Handbook of International Criminal Law

Author : William A. Schabas
Publisher : Routledge
Release Date : 2010-11-08
ISBN 10 : 9781136866685
Pages : 476 pages
Rating : 4.8/5 (866 downloads)

Download Routledge Handbook of International Criminal Law in PDF Full Online by William A. Schabas and published by Routledge. This book was released on 2010-11-08 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law. The book is split into four parts for ease of reference: The Historical and Institutional Framework – Sets international criminal law firmly in context with individual chapters on the important developments and key institutions which have been established. The Crimes – Identifies and analyses international crimes, including a chapter on aggression. The Practice of International Tribunals – Focuses on topics relating to the practice and procedure of international criminal law. Key Issues in International Criminal Law – Goes on to explore issues of importance such as universal jurisdiction, amnesties and international criminal law and human rights. Providing easy access to up-to-date and authoritative articles covering all key aspects of international criminal law, this book is an essential reference work for students, scholars and practitioners working in the field.

Illicitly Obtained Evidence at the International Criminal Court

Author : Petra Viebig
Publisher : Springer
Release Date : 2016-01-04
ISBN 10 : 9789462650930
Pages : 294 pages
Rating : 4.6/5 (65 downloads)

Download Illicitly Obtained Evidence at the International Criminal Court in PDF Full Online by Petra Viebig and published by Springer. This book was released on 2016-01-04 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.

The International Criminal Court – An International Criminal World Court?

Author : Sarah Babaian
Publisher : Springer
Release Date : 2018-05-31
ISBN 10 : 9783319780153
Pages : 210 pages
Rating : 4.7/5 (78 downloads)

Download The International Criminal Court – An International Criminal World Court? in PDF Full Online by Sarah Babaian and published by Springer. This book was released on 2018-05-31 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court’s strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute’s provisions and its practical implementation through States’ practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC’s judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

International Criminal Law Practitioner Library

Author : Gideon Boas
Publisher : Cambridge University Press
Release Date : 2011-01-06
ISBN 10 : 9780521116305
Pages : 577 pages
Rating : 4.1/5 (116 downloads)

Download International Criminal Law Practitioner Library in PDF Full Online by Gideon Boas and published by Cambridge University Press. This book was released on 2011-01-06 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume III of the International Criminal Law Practitioner Library provides a critical review of international criminal procedure as practised at the international criminal tribunals. It examines the framework within which substantive international criminal law operates and covers every stage of the proceedings from investigation to trial, appeal, and punishment.

International Criminal Law Practitioner Library: Volume 3

Author : Gideon Boas
Publisher : Cambridge University Press
Release Date : 2011-01-06
ISBN 10 : 9781107375383
Pages : pages
Rating : 4.3/5 (375 downloads)

Download International Criminal Law Practitioner Library: Volume 3 in PDF Full Online by Gideon Boas and published by Cambridge University Press. This book was released on 2011-01-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and invaluable reference work for practitioners, academics and students of international criminal law, this series critically examines a complex and important legal area. Volume I considers the criminal responsibility of individuals for the commission of war crimes, crimes against humanity, and genocide; Volume II focuses on these core international crimes and discusses their interaction with the forms of responsibility; and Volume III provides an evaluation of international criminal procedure and the rules and practices designed to ensure effective investigations and fair trials.

Individual Criminal Responsibility for Autonomous Weapons Systems in International Criminal Law

Author : Barry de Vries
Publisher : BRILL
Release Date : 2023-02-27
ISBN 10 : 9789004524316
Pages : 301 pages
Rating : 4.5/5 (524 downloads)

Download Individual Criminal Responsibility for Autonomous Weapons Systems in International Criminal Law in PDF Full Online by Barry de Vries and published by BRILL. This book was released on 2023-02-27 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Barry de Vries provides an in-depth doctrinal consideration of the issue of individual responsibility for autonomous weapons.

The Exercise of Prosecutorial Discretion at the International Criminal Court

Author : Bertram Kloss
Publisher : Herbert Utz Verlag
Release Date : 2017-01-23
ISBN 10 : 9783831646333
Pages : 270 pages
Rating : 4.6/5 (646 downloads)

Download The Exercise of Prosecutorial Discretion at the International Criminal Court in PDF Full Online by Bertram Kloss and published by Herbert Utz Verlag. This book was released on 2017-01-23 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the ICC’s unprecedented scope of jurisdiction and limited resources comes the need to select situations and cases that the Prosecutor wishes to pursue. As the Prosecutor selects her situations and cases, she constantly makes choices, aff orded to her by the statutory discretion she enjoys as a Prosecutor. The purpose of this study is to investigate three aspects of the Prosecutor’s discretion: What is the extent of the Prosecutor’s discretion in pursuing individual situations and cases? How much does the Prosecutor adhere to and further the objectives of the ICC in the exercise of her discretion? To what degree should the Prosecutor use policy considerations in selecting situations and cases to pursue?

Disputed Territories and International Criminal Law

Author : Simon McKenzie
Publisher : Routledge
Release Date : 2019-11-25
ISBN 10 : 9781000758054
Pages : 246 pages
Rating : 4.7/5 (758 downloads)

Download Disputed Territories and International Criminal Law in PDF Full Online by Simon McKenzie and published by Routledge. This book was released on 2019-11-25 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute’s capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.