Nouvelles Études Pénales PDF Download

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Category : Criminal law
Languages : en
Pages : 564

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Author: Roelof Haveman
Publisher: Intersentia nv
ISBN: 905095314X
Category : Criminal law
Languages : en
Pages : 384

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What exactly is the context in which all aspects of this new field of criminal law have to be interpreted? What does the principle of legality mean in the context of supranational criminal law? Which tradition lies at the basis of this new law system? Is supranational criminal law as it grows the result of a deliberate policy, tending towards a coherent system? Or is it merely the result of crisis management?

Author: M. S. Groenhuijsen
Publisher: Maklu
ISBN: 9046603679
Category : Law
Languages : en
Pages : 250

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On July 1, 2010, Prof. Dr. Anton van Kalmthout retired as a professor of the chair for 'Deprivation of Liberty in Criminal Law and Migration Law' at Tilburg University in the Netherlands. The Department of Criminal Law felt the need to honor van Kalmthout's emeritus status and recognize his contribution to legal science, in particular to the field of criminal law and migration law. This festschrift contains 23 contributions by authors who all have a personal and professional relationship with Anton van Kalmthout. The contributions include: Migrants' Choice for a Voluntary Return from Detention * Drug Policies in Europe * Exclusion of Ex-KhAD/WAD Members in the Netherlands * Entry, Return, Detention: Different Standards in Judicial Protection? * The Association Internationale de Droit Penal and the Establishment of the International Criminal Court * Where Do We Go from Here? Current Trends in Developing Juvenile Justice in Europe * Foreign Prisoners and Probation: To Discriminate or Not? * Introduction of the New York Double Strategy to Control Organized Crime in the Netherlands and the European Union * Special Minimum Sentences and Community Service in Contemporary Dutch Criminal Law * A Letter to Anton * Food for Thought: The CPT and Force-feeding of Prisoners on Hunger Strike * Implementation of Framework Decisions on the Enforcement of Foreign Criminal Judgments: (How) Can the Aim of Resocialization Be Achieved? * Deprivation of Illegally Obtained Advantage and the Shifting Burden of Proof * Sex at Catholic Boarding Schools and in Other Situations of Dependence * Just a Question of Decency * The Requirement of the Offender's Consent to Community Service * About the Human Rights Success Stories of the Council of Europe: Some Reflections on the Impact of the CPT upon the Case-Law of the European Court of Human Rights * A God Without Speech: Notes from Limbo * Evaluation of Closed Criminal Cases in the Netherlands: A Unique Experiment * Recent Developments on Euthanasia in the Netherlands after the Adoption of the 2001 Termination of Life on Request and Assistance in Suicide (Review Procedures) Act * The Protection of Detainees in Police Cells in the Netherlands Antilles and the Role of the CPT * A Humane Rule of Law * Release from Life Imprisonment: A Comparative Note on the Role of Pre-Release Decision Making in England and Germany

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

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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: William A. Schabas
Publisher: Oxford University Press
ISBN: 0191060305
Category : Law
Languages : en
Pages : 2251

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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: William Schabas
Publisher: Oxford University Press, USA
ISBN: 0199560730
Category : Law
Languages : en
Pages : 1331

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The International Criminal Court has been operational since mid-2003, following the entry into force of the Rome Statute of the International Criminal Court on 1 July 2002. The Rome Statute is among the most complex international treaties, a combination of public international law, international humanitarian law and criminal law, both international and domestic. The Commentary provides an article-by-article analysis of the Statute. Each of the 128 articles is presented accompanied by a bibliography of academic literature relevant to that provision, an overview of the drafting history of the provision and an analysis of the text. The analytical portion of each chapter draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and the related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence and the Relationship Agreement with the United Nations. 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

Author: Nathalie Siron
Publisher: Maklu
ISBN: 9789062156559
Category : Emigration and immigration law
Languages : en
Pages : 352

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Author: M. Cherif Bassiouni
Publisher: BRILL
ISBN: 9004165304
Category : Law
Languages : en
Pages : 763

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Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victimsa (TM) Rights in International Law).

Author: M. Cherif Bassiouni
Publisher: BRILL
ISBN: 9004322094
Category : Law
Languages : en
Pages : 1621

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This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This new edition contains the amendments adopted at the Kampala Conference, amendments to the Rules of Procedure and Evidence and the Regulations of the Court, and references to relevant case law cover ing the first decade of the Court’s judicial activity. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC. Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this publication unmatched for completeness and ease of use.

Author: William Schabas
Publisher: Cambridge University Press
ISBN: 110713370X
Category : Law
Languages : en
Pages : 613

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A fifth edition introduction to the law and practice of the International Criminal Court since it became fully operational.