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Author: Werner Nicolaas Nel Publisher: ISBN: Category : Languages : en Pages :
Book Description
Persecution has found contemporary acceptance as conduct constituting one of the enumerated inhumane acts of crimes against humanity in terms of the Rome Statute of the International Criminal Court (ICC). Despite its proscription under international criminal law, religious discrimination and religion-based persecution remain a major human rights issue of national and international concern. Accordingly, international prosecution systems are to be resorted to in pursuit of criminal accountability. However, the incessant impunity for persecution is not due to the lack of proscription in international law, but stems rather from definitional instability and legal vagueness, which is consequently addressed in this dissertation. The paper proposes a justifiable, comprehensively formulated and pragmatically verified conceptualisation of "Ë−grievous religious persecution' as a crime against humanity. In this regard, a relevant taxonomy is proposed which differentiates between different forms of persecutory conduct, discusses the mens rea requirement, establishes the intensity threshold, recommends an effective definition, and is finally applied to a relevant case study in order to analyse its practical efficiency. In furtherance thereof, the writer takes a multidisciplinary approach, briefly examining the existential nature of religious identity and freedom, as well as its role in characterising persecution as religion-orientated. This conceptualisation advances the legal discourse relating to religious persecution, which may potentially lessen the political and judicial unease regarding its perceived scope and application. This strengthens the efforts of human rights defenders, advances criminal accountability and counteracts impunity for "Ë−grievous religious persecution'. The overall thesis is therefore that it is possible to convincingly conceptualise "Ë−grievous religious persecution' by denoting a definitively formulated and pragmatically verified taxonomy of the legal preconditions for establishing the ICC's subject-matter jurisdiction.
Author: Werner Nicolaas Nel Publisher: ISBN: Category : Languages : en Pages :
Book Description
Persecution has found contemporary acceptance as conduct constituting one of the enumerated inhumane acts of crimes against humanity in terms of the Rome Statute of the International Criminal Court (ICC). Despite its proscription under international criminal law, religious discrimination and religion-based persecution remain a major human rights issue of national and international concern. Accordingly, international prosecution systems are to be resorted to in pursuit of criminal accountability. However, the incessant impunity for persecution is not due to the lack of proscription in international law, but stems rather from definitional instability and legal vagueness, which is consequently addressed in this dissertation. The paper proposes a justifiable, comprehensively formulated and pragmatically verified conceptualisation of "Ë−grievous religious persecution' as a crime against humanity. In this regard, a relevant taxonomy is proposed which differentiates between different forms of persecutory conduct, discusses the mens rea requirement, establishes the intensity threshold, recommends an effective definition, and is finally applied to a relevant case study in order to analyse its practical efficiency. In furtherance thereof, the writer takes a multidisciplinary approach, briefly examining the existential nature of religious identity and freedom, as well as its role in characterising persecution as religion-orientated. This conceptualisation advances the legal discourse relating to religious persecution, which may potentially lessen the political and judicial unease regarding its perceived scope and application. This strengthens the efforts of human rights defenders, advances criminal accountability and counteracts impunity for "Ë−grievous religious persecution'. The overall thesis is therefore that it is possible to convincingly conceptualise "Ë−grievous religious persecution' by denoting a definitively formulated and pragmatically verified taxonomy of the legal preconditions for establishing the ICC's subject-matter jurisdiction.
Author: Paul Behrens Publisher: Routledge ISBN: 1136168559 Category : Law Languages : en Pages : 310
Book Description
Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.
Author: Kathrin Strobel Publisher: BRILL ISBN: 9004462589 Category : Law Languages : en Pages : 302
Book Description
This book presents the first comprehensive study of international criminal jurisdiction over organized crime and demonstrates the potential of international law to bring leaders of cartels and trafficking rings to justice.
Author: Alexandre Skander Galand Publisher: BRILL ISBN: 9004342214 Category : Law Languages : en Pages : 278
Book Description
Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
Author: Werner Nicolaas Nel Publisher: Wipf and Stock Publishers ISBN: 1725295148 Category : Religion Languages : en Pages : 497
Book Description
“Nel focuses on grievous religious persecution as one manifestation of crimes against humanity. In spite of shocking reports in recent years about mass-scale atrocities, the issue of religious persecution so far has received comparatively limited attention in academic literature. By meticulously putting together the various elements that jointly define religious persecution, Nel’s dissertation fills a frequently felt gap. Moreover, he reminds us that humanity cannot remain silent about manifestations of grievous religious persecution, which after all are crimes against humanity as a whole. International criminal law must be applied to overcome the gloating triumph of perpetrators over their victims.” From the foreword by Prof. Dr. Heiner Bielefeldt, former U.N. Special Rapporteur on freedom of religion or belief
Author: Publisher: ISBN: 9780521818520 Category : Law Languages : en Pages : 524
Book Description
This commentary provides a critical insight into the negotiating history that led to the adoption of the elements of war crimes. It also presents existing jurisprudence, which is relevant for the interpretation of the war crimes in the ICC Statute.The aim is to serve as a tool in the implementation of international humanitarian law in future cases dealing with war crimes and offer practitioners (judges, prosecutors and lawyers) and academics important background information on the substance of the crimes.
Author: Gerhard Werle Publisher: Springer ISBN: 9462651507 Category : Law Languages : en Pages : 349
Book Description
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Author: David A. Blumenthal Publisher: Martinus Nijhoff Publishers ISBN: 9004156917 Category : Law Languages : en Pages : 365
Book Description
In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia's post-World War Two war crimes trials of Japanese defendants, Australia's extensive national case law on Article 1(F) of the Refugee Convention and Australia's national implementing legislation for the Rome Statute.
Author: Andre Nollkaemper Publisher: Oxford University Press, USA ISBN: 0198739745 Category : Law Languages : en Pages : 769
Book Description
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author: Werner Nicolaas Nel
Author: Werner Nicolaas Nel
Author: Mark Klamberg
Author: Paul Behrens
Author: Kathrin Strobel
Author: Alexandre Skander Galand
Author: Werner Nicolaas Nel
Author: 
Author: Gerhard Werle
Author: David A. Blumenthal
Author: Andre Nollkaemper