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Author: Silvia D'Ascoli Publisher: Bloomsbury Publishing ISBN: 1847316441 Category : Law Languages : en Pages : 468
Book Description
This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.
Author: Silvia D'Ascoli Publisher: Bloomsbury Publishing ISBN: 1847316441 Category : Law Languages : en Pages : 468
Book Description
This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.
Author: Gerhard Werle Publisher: OUP Oxford ISBN: 019100863X Category : Law Languages : en Pages : 787
Book Description
Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.
Author: Jean-Marc Dreyfus Publisher: Manchester University Press ISBN: 1847799728 Category : Social Science Languages : en Pages : 269
Book Description
This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. This book outlines for the first time in a single volume the theoretical and methodological tools for a study of human remains resulting from episodes of mass violence and genocide. Despite the highly innovative and contemporary research into both mass violence and the body, the most significant consequence of conflict - the corpse - remains absent from the scope of existing research. Why have human remains hitherto remained absent from our investigation, and how do historians, anthropologists and legal scholars, including specialists in criminology and political science, confront these difficult issues? By drawing on international case studies including genocides in Rwanda, the Khmer Rouge, Argentina, Russia and the context of post-World War II Europe, this ground-breaking edited collection opens new avenues of research. Multidisciplinary in scope, this volume will appeal to readers interested in an understanding of mass violence's aftermath, including researchers in history, anthropology, sociology, law, politics and modern warfare. The research program leading to this publication has received funding from the European Research Council under the European Union's Seventh Programme (FP/2007-2013) / ERC Grant Agreement n° 283-617.
Author: Christian Tomuschat Publisher: BRILL ISBN: 9004149813 Category : Law Languages : en Pages : 483
Book Description
This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.
Author: Héctor Olásolo Publisher: BRILL ISBN: 9047415744 Category : Business & Economics Languages : en Pages : 422
Book Description
The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
Author: Jacques Semelin Publisher: Columbia University Press ISBN: 9780231512374 Category : Social Science Languages : en Pages : 468
Book Description
How can we comprehend the sociopolitical processes that give rise to extreme violence, ethnic cleansing, or genocide? A major breakthrough in comparative analysis, Purify and Destroy demonstrates that it is indeed possible to compare the Holocaust, the Rwandan genocide, and ethnic cleansing in Bosnia-Herzegovina while respecting the specificities of each appalling phenomenon. Jacques Semelin achieves this, in part, by leading his readers through the three examples simultaneously, the unraveling of which sometimes converges but most often diverges. Semelin's method is multidisciplinary, relying not only on contemporary history but also on social psychology and political science. Based on the seminal distinction between massacre and genocide, Purify and Destroy identifies the main steps of a general process of destruction, both rational and irrational, born of what Semelin terms "delusional rationality." He describes a dynamic structural model with, at its core, the matrix of a social imaginaire that, responding to fears, resentments, and utopias, carves and recarves the social body by eliminating "the enemy." Semelin identifies the main stages that can lead to a genocidal process and explains how ordinary people can become perpetrators. He develops an intellectual framework to analyze the entire spectrum of mass violence, including terrorism, in the twentieth century and before. Strongly critical of today's political instrumentalization of the "genocide" notion, Semelin urges genocide research to stand back from legal and normative definitions and come of age as a discipline in its own right in the social sciences.
Author: Tullio Treves Publisher: Cambridge University Press ISBN: 9789067041867 Category : Law Languages : en Pages : 348
Book Description
With contributions by a multinational group of academic scholars, judges and registrars of international tribunals, and experts from Non-Governmental Organizations, this book explores the role of civil society with regards to international courts and tribunals, as well as compliance mechanisms set up especially in the environmental field. The areas of human rights, international criminal law and international environmental law are the main focus of the study, in the light of the well established role of NGOs in Human Rights Courts and UN bodies as well as their remarkable success in setting up the International Criminal Court and the promising avenues which are now open in the compliance bodies of environmental law conventions. Broader questions and bodies such as the International Court of Justice, the International Tribunal for the Law of the Sea as well as European courts and tribunals are also examined.
Author: William A. Schabas Publisher: Oxford University Press ISBN: 0191060305 Category : Law Languages : en Pages : 2251
Book Description
Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
Author: Miriam Cohen Publisher: Cambridge University Press ISBN: 1108472680 Category : Fiction Languages : en Pages : 287
Book Description
Provides an original approach to the emerging practice of reparations for international crimes and a fresh analysis of the recent jurisprudence at the International Criminal Court.
Author: Silvia D'Ascoli
Author: Silvia D'Ascoli
Author: Gerhard Werle
Author: Jean-Marc Dreyfus
Author: Christian Tomuschat
Author: Héctor Olásolo
Author: Jacques Semelin
Author: Tullio Treves
Author: William A. Schabas
Author: Miriam Cohen
Author: Mario Chiavario