International Criminal Law and Its Enforcement PDF Download

Author: Beth Van Schaack
Publisher:
ISBN: 9781609304621
Category : Crimes against humanity
Languages : en
Pages : 0

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Book Description
This casebook provides comprehensive treatment of international criminal law in a problem-oriented way. It draws widely from the jurisprudence of the various international and hybrid criminal tribunals, United Nations bodies, regional human rights institutions, domestic courts, alternative or traditional courts, and transitional justice institutions. Its focus is on the core international crimes within the jurisdiction of the ICC, supplemented by chapters on the standalone crimes of torture and terrorism. This edition includes substantially more material from the International Criminal Court, including revised materials on the crime of aggression, and an entire chapter devoted to the creation and structure of the ICC.

Author: Beth Van Schaack
Publisher: Foundation Press
ISBN: 9781599417530
Category : Crimes against humanity
Languages : en
Pages : 0

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Book Description
This casebook provides comprehensive treatment of International Criminal Law in an engaging, challenging, and problem-oriented way. It draws widely from the jurisprudence of the various international and hybrid criminal tribunals (in The Hague, Tanzania, Sierra Leone, East Timor, Bosnia-Herzegovina, Baghdad, and Cambodia), United Nations bodies (such as the Human Rights Committee), regional human rights institutions, domestic courts, alternative or traditional courts (such as the gacaca proceedings in Rwanda), and transitional justice institutions (such as truth commissions or lustration panels). The book emphasizes, and tracks, the vertical and horizontal cross-fertilization of concepts and precedents between these various institutions. The second edition includes substantially more material from the International Criminal Court (ICC)--including revised materials on the crime of aggression--and thus marks the start of a institutional shift in international criminal law from the ad hoc tribunals to the permanent ICC. The text retains much of the material from the ad hoc tribunals and post-World War II tribunals, both to provide historical context and in recognition of the strong influence such tribunals continue to exert on contemporary jurisprudence. The chapters on war crimes and torture have also been revised to reflect legal developments in the so-called Global War on Terror. The updated Teachers' Manual provides a number of exercises and background and contextual materials to supplement the text.

Author: James Nyawo
Publisher:
ISBN: 9781780683874
Category : Criminal Law
Languages : en
Pages : 0

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Book Description
The dynamics of enforcing international criminal justice through the International Criminal Court (ICC) has become a challenging exercise in Africa. At times the uneasy relationship between the ICC, the African Union, and a few influential African states has given rise to concerns about the future of international criminal justice in general, and in Africa in particular. Still, the enthusiasts for international criminal justice as enforced by the ICC, interpret the challenges that the ICC is encountering in Africa as part of the growing pains of a new institution in the international system. The distractors have already prepared the ICC's obituary. One of the criticisms levelled against the ICC, and which is the motivation for, and central theme behind, this book is that the ICC has morphed and ceased to be an independent legal institution, instead becoming a political tool utilized by politically powerful states in the West against their political opponents in Africa. More specifically, the Court is alleged to be selectively enforcing international criminal law by only officially opening investigations and prosecutions in Africa. Although this book recognizes that selective implementation of criminal justice is acceptable both at the domestic and international level, it analyzes the legal and political factors behind the Court's focus on international crimes committed in Africa when there are other situations to which the court should potentially turn its attention, such as in Syria, Afghanistan or the Occupied Palestinian Territories. The book seeks to determine whether such a focus implies that Africa has the monopoly over international crimes or whether African victims or perpetrators are any different from those in the Middle East? In addition the book attempts to uncover the basis and the validity of the African Union and some African states' criticisms of the ICC. (Series: Supranational Criminal Law: Capita Selecta, Vol. 20) Subject: International Criminal Law, African Law]

Author: Marc Veenbrink
Publisher: Kluwer Law International B.V.
ISBN: 9403514418
Category : Law
Languages : en
Pages : 535

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Book Description
Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236

Author: M. Cherif Bassiouni
Publisher: Martinus Nijhoff Publishers
ISBN: 9004186441
Category : Law
Languages : en
Pages : 1259

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Book Description
This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.

Author: Hiromi Sato
Publisher: Springer Nature
ISBN: 3030838455
Category : Law
Languages : en
Pages : 223

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Book Description
This book discusses the multilayered legal structures concerning the regulation of crimes under international law. It covers both core crimes and other types of crime under international law, and examines relevant substantive and procedural rules alike. Pursuing such a comprehensive approach is essential to understanding the basic frameworks of international criminal law, since the varied perspectives on international crimes are connected to different systems of enforcement. Being aware of this interrelatedness is conducive to an in-depth examination of individual topics in both substantive and procedural aspects. On the basis of such an inquiry, this book concisely provides a systematic overview of international criminal law.

Author: Leila Sadat
Publisher: BRILL
ISBN: 9004479732
Category : Law
Languages : en
Pages : 584

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Book Description
Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.

Author: Christopher Soler
Publisher: Springer Nature
ISBN: 9462653356
Category : Law
Languages : en
Pages : 704

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Book Description
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.

Author: Farhad Malekian
Publisher: BRILL
ISBN: 9004203966
Category : Law
Languages : en
Pages : 477

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Book Description
The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

Author: Carsten Stahn
Publisher:
ISBN: 0198864183
Category : Law
Languages : en
Pages : 481

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Book Description
This work is the first to examine the expressive and communicative functions of law in a comprehensive way in the field of atrocity crime. It shows that expression and communication are not only inherent parts of the punitive functions of international criminal justice, but are represented in a whole spectrum of practices.