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Author: Héctor Olásolo Publisher: Bloomsbury Publishing ISBN: 1847315089 Category : Law Languages : en Pages : 400
Book Description
As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.
Author: Héctor Olásolo Publisher: Bloomsbury Publishing ISBN: 1847315089 Category : Law Languages : en Pages : 400
Book Description
As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.
Author: Mark Pieth Publisher: Springer Science & Business Media ISBN: 940070674X Category : Law Languages : en Pages : 401
Book Description
With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Author: Stefano Manacorda Publisher: Springer Science & Business ISBN: 331904480X Category : Social Science Languages : en Pages : 526
Book Description
This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the future. The principle result of the book is a three-pronged Anti-Bribery Corruption Model (so called ABC Model), endorsed by the United Nations, intended as a corruption prevention tool intended to be adopted by private corporations. This work provides a common, research-based standard for anti-bribery compliance programs, with international applications. This work will be of interest to researchers studying Criminology and Criminal Justice, particularly in the areas of organized crime and corruption, as well as related areas like Business Ethics and Comparative International Law.
Author: Cyril Laucci Publisher: Martinus Nijhoff Publishers ISBN: 9004189955 Category : Law Languages : en Pages : 868
Book Description
Le Code annoté de la Cour pénale internationale (2008) est le troisième volume d'une collection annuelle. Il propose une sélection des extraits les plus pertinents résultant de l'analyse de 472 décisions délivrées ou rendues publiques par la Cour en 2008.
Author: Cyrille Fijnaut Publisher: Springer Science & Business Media ISBN: 1402027656 Category : Social Science Languages : en Pages : 1068
Book Description
This volume represents the first attempt to systematically compare organised crime concepts, as well as historical and contemporary patterns and control policies in thirteen European countries. These include seven ‘old’ EU Member States, two ‘new’ members, a candidate country, and three non-EU countries. Based on a standardised research protocol, thirty-three experts from different legal and social disciplines provide insight through detailed country reports. On this basis, the editors compare organised crime patterns and policies in Europe and assess EU initiatives against organised crime.
Author: Cyril Laucci Publisher: BRILL ISBN: 9004194312 Category : Law Languages : en Pages : 812
Book Description
The Annotated Digest of the International Criminal Court, 2008, is the third volume in an annual series, which compiles a selection of the most significant legal findings from public decisions rendered by the International Criminal Court in 2008. A total of 472 public decisions were reviewed for the preparation of this volume. The selected abstracts include an extraordinary number of landmark decisions on substantive and procedural issues including, among others, the constitutive elements of crimes against humanity and war crimes, the rights of victims to participate in different stages of proceedings, the guarantees of a fair trial, and the prosecutorial obligation to disclose potentially exculpatory evidence in its possession. The year was marked by two new arrests, one in the situation from the Democratic Republic of Congo (Ngudjolo), the other in the situation from the Central African Republic (Bemba), as well as confirmation of charges in the joint case The Prosecutor v. Katanga and Ngudjolo. Finally, 2008 paved the way for commencement of the first trials in the history of the International Criminal Court, which officially began in 2009. Abstracts included in this series were selected based on the following criteria: (i) clarification of a legal issue or interpretation of a legal provision; (ii) implementation or application of a legal provision; and (iii) meaningfulness with respect to international justice, human rights, or international humanitarian law. Passages are normally quoted in English, except where the English translation has not been made available; in such circumstances, abstracts are provided in French with an accompanying English-language summary. Selected abstracts are organized under the relevant Statute, Rule of Procedure and Evidence, or Regulation of the Court. A short description or summary is provided for each topic, and a reference system and index allow for easy reference to other decisions quoted in the Digest series.
Author: Eduardo Salcedo-Albaran Publisher: iUniverse ISBN: 1491759186 Category : Social Science Languages : en Pages : 259
Book Description
Drug Trafficking, Corruption and States is cutting edge research. Garay Salamanca and Salcedo-Albarn, along with their contributing authors help document the transition from economic to political imperatives within transnational drug cartels. The break from the Zetas by La Familia Michoacana is one example contained in their empirical survey. Social Network Analysis is their tool for illuminating the varying dynamics of cartel-state inter-penetration and reconfiguration. In doing so they clearly discern between State Capture (StC) and Co-opted State Reconfiguration (CStR). As the drug wars and criminal insurgencies rage in the Americas and beyond, this seminal framework will facilitate efforts by scholars, law enforcement officials, intelligence analysts and policymakers to understand shifts in sovereignty, and to illuminate the mechanisms of transnational illicit networks and their interaction with the state.
Author: Héctor Olásolo
Author: Héctor Olásolo
Author: Mark Pieth
Author: Stefano Manacorda
Author: Cyril Laucci
Author: Cyrille Fijnaut
Author: Cyril Laucci
Author: Eduardo Salcedo-Albaran
Author: 
Author: Cyril Laucci
Author: Jesús María Silva