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Author: Chantal Meloni Publisher: Asser Press ISBN: Category : Law Languages : en Pages : 298
Book Description
This book offers an in-depth study of the command responsibility doctrine, pursuant to which military commanders and civilian leaders can be held responsible for the crimes committed by their subordinates that they failed to prevent or punish. This form of responsibility has gained much attention in the last years; however, it still presents several open questions and critical difficulties arise in its application. The author traces the roots of such criminal responsibility, from its military origins to its first appearances in international case law after World War II. Particular attention is given to the jurisprudence of the ad hoc Tribunals, which extensively elaborated on the issue, and to the provision of Article 28 of the Statute of the International Criminal Court. The book provides a systematic analysis of command responsibility, outlining its different forms and finding a proper role for it within the complex net of responsibilities that connotes the commission of international crimes. This book is an important contribution to the literature and worldwide discussion on command responsibility and therefore highly recommended to scholars of international law, criminal law and international criminal law as well as to all practitioners (judges, legal assistants, prosecutors, defence counsels) working at or with international tribunals, experts in the military field, investigators dealing with international crimes, NGOs and journalists. Chantal Meloni is working as a Researcher at the Criminal Law Department of the UniversitàdegliStudi of Milan, Italy. Since several years she specializes in international criminal law. She spent long research periods abroad, in particular at the Humboldt Universität of Berlin in Germany. She also worked at the International Criminal Court as a Legal Assistant in Chambers.
Author: Chantal Meloni Publisher: Asser Press ISBN: Category : Law Languages : en Pages : 298
Book Description
This book offers an in-depth study of the command responsibility doctrine, pursuant to which military commanders and civilian leaders can be held responsible for the crimes committed by their subordinates that they failed to prevent or punish. This form of responsibility has gained much attention in the last years; however, it still presents several open questions and critical difficulties arise in its application. The author traces the roots of such criminal responsibility, from its military origins to its first appearances in international case law after World War II. Particular attention is given to the jurisprudence of the ad hoc Tribunals, which extensively elaborated on the issue, and to the provision of Article 28 of the Statute of the International Criminal Court. The book provides a systematic analysis of command responsibility, outlining its different forms and finding a proper role for it within the complex net of responsibilities that connotes the commission of international crimes. This book is an important contribution to the literature and worldwide discussion on command responsibility and therefore highly recommended to scholars of international law, criminal law and international criminal law as well as to all practitioners (judges, legal assistants, prosecutors, defence counsels) working at or with international tribunals, experts in the military field, investigators dealing with international crimes, NGOs and journalists. Chantal Meloni is working as a Researcher at the Criminal Law Department of the UniversitàdegliStudi of Milan, Italy. Since several years she specializes in international criminal law. She spent long research periods abroad, in particular at the Humboldt Universität of Berlin in Germany. She also worked at the International Criminal Court as a Legal Assistant in Chambers.
Author: Guénaël Mettraux Publisher: ISBN: Category : History Languages : en Pages : 342
Book Description
This is the first comprehensive guide to the law of command responsibility. Originally invoked against Nazi leaders for failing to prevent or punish crimes of subordinates, and more recently in the Yugoslav War Crimes Tribunal, command responsibility continues to be of importance in cases arising from the Iraq War and the War on Terror
Author: Marjolein Cupido Publisher: Cambridge University Press ISBN: 1108590152 Category : Law Languages : en Pages :
Book Description
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Author: Darryl Robinson Publisher: Cambridge University Press ISBN: 1009028286 Category : Law Languages : en Pages : 327
Book Description
In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.
Author: Yoram Dinstein Publisher: Springer Nature ISBN: 3030391698 Category : Humanitarian law Languages : en Pages : 151
Book Description
This open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.
Author: Laura Ausserladscheider Jonas Publisher: BRILL ISBN: 900447093X Category : Law Languages : en Pages : 256
Book Description
Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Author: Miles Jackson Publisher: Oxford University Press, USA ISBN: 0198736932 Category : Law Languages : en Pages : 273
Book Description
Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.
Author: Maria L. Nybondas Publisher: T.M.C. Asser Press ISBN: 9789067043274 Category : Law Languages : en Pages : 0
Book Description
Article 28 of the Rome Statute explicitly provides that the command responsibility doctrine may be applied to both 'commanders and other superiors', and sets out separate criteria for the two categories of superiors. The question arises how the doctrine should be applied by the ICC and by other international courts and tribunals. Up until now, the doctrine has been applied to both military and civilian superiors without a distinctive provision. Maria L. Nybondas examines the applicability of the command responsibility doctrine to civilian superiors, taking as a point of departure the origin of the doctrine and the unique position of the commander. An analysis of cases against civilian leaders identifies the challenges that prosecutors and judges face in these cases. The book provides an assessment of the hurdles in the application of the doctrine, and offers a solution which is based on respect for the purpose of the doctrine.
Author: Majeed Khader Publisher: World Scientific ISBN: 9813279354 Category : Social Science Languages : en Pages : 459
Book Description
Crime and Behaviour: An Introduction to Criminal and Forensic Psychology is the first textbook to provide a detailed overview of criminal psychology in Singapore. The textbook puts together ideas relating to crime, crime prevention, and criminal psychology, as it occurs in the Singaporean context. While leveraging on psychology as an anchor, the book adopts a multidisciplinary perspective and examines the forensic sciences angle, legal issues, and the investigative perspectives of crimes.The chapters cover criminal justice agencies in Singapore, theories of crime, deception and lying behaviors, sex crimes, violent crimes, crime prevention, terrorism, and psychology applied in legal settings. Each chapter contains case studies of actual cases and ends with questions for discussion and research, making this a valuable text for courses in university and in law enforcement settings.This textbook has several unique features, such as:
Author: Harmen van der Wilt Publisher: Cambridge University Press ISBN: 0521763568 Category : Law Languages : en Pages : 401
Book Description
How does international law respond to situations where collective entities order, encourage or allow the committing of international crimes?
Author: Chantal Meloni
Author: Chantal Meloni
Author: Guénaël Mettraux
Author: Marjolein Cupido
Author: Darryl Robinson
Author: Yoram Dinstein
Author: Laura Ausserladscheider Jonas
Author: Miles Jackson
Author: Maria L. Nybondas
Author: Majeed Khader
Author: Harmen van der Wilt