Exploring the Boundaries of International Criminal Justice

Author: Mark Findlay
Publisher: Routledge
ISBN: 1317137175
Format: PDF, Mobi
Download Now
This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

International and Comparative Criminal Justice

Author: Mark J. Findlay
Publisher: Routledge
ISBN: 1136184155
Format: PDF, Kindle
Download Now
International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.

The Concept of Mens Rea in International Criminal Law

Author: Mohamed Elewa Badar
Publisher: Bloomsbury Publishing
ISBN: 1782250662
Format: PDF, Mobi
Download Now
The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.

Pluralism in International Criminal Law

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Format: PDF, Mobi
Download Now
Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

The Contours of International Prosecutions

Author: Elinor Fry
Publisher:
ISBN: 9789462366213
Format: PDF, ePub, Mobi
Download Now
By nature, core international crimes have indistinct factual parameters. War crimes, crimes against humanity, and genocide generally occur on a massive scale, spread out over a large geographical area and a long time span, involving many perpetrators at various distances from the crime scene(s). These characteristics make international crimes difficult to demarcate from start to finish. This book addresses such delineation difficulties by exploring the jurisdictional and factual boundaries of international criminal prosecutions. This entails researching those legal aspects that influence demarcation: jurisdiction (in terms of scope as well as institutional influence), charges, and identifying material facts by adequately distinguishing them from background information and evidence for the purpose of the indictment.

International and Comparative Criminal Justice and Urban Governance

Author: Adam Crawford
Publisher: Cambridge University Press
ISBN: 113949581X
Format: PDF, Docs
Download Now
Criminal justice has traditionally been associated with the nation state, its legitimacy and its authority. The growing internationalisation of crime control raises crucial and complex questions about the future shape of justice and urban governance as these are experienced at local, national and international realms. The emergence of new international justice institutions such as the International Criminal Court, the greater movement of people and goods across national borders and the transfer of criminal justice policies between different jurisdictions all present novel challenges to criminal justice systems as well as our understandings of criminal justice. This volume of essays explores the implications and impact of criminal justice developments in an increasingly globalised world. It offers cutting-edge conceptual contributions from leading international commentators organised around the themes of international criminal justice institutions and practices; comparative penal policies; and international and comparative urban governance and crime control.

Comparative and International Criminal Justice Systems

Author: Obi N. Ignatius Ebbe
Publisher:
ISBN: 9780750696883
Format: PDF, Mobi
Download Now
The study of diverse criminal justice systems and their agencies of social control has taken on an essential role in establishing which deterrents and correction methods are most effective. Comparative and International Criminal Justice Systems, Second Edition explores in depth the policing, judicial and penological models of various countries and compares and contrasts the effective methods with those proven less than adequate. The first edition covered eight countries and one region while the second edition covers twelve countries and a region. The dynamics of criminal justice in Ireland (Europe), Israel (Middle East), Hong Kong (Asia), and Argentina (South America) have been added because their evolutionary histories teaches a lot about the nature of law and justice. For ease of instruction, this edition is structured topically as opposed to by continents. Contains current and up-to-date information Presents contributions from reputable scholars from four different continents Specifically covers police, judiciary and corrections

Globalisation Criminal Law and Criminal Justice

Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 178225272X
Format: PDF, ePub, Docs
Download Now
The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.

Race Criminal Justice and Migration Control

Author: Mary Bosworth
Publisher: Oxford University Press
ISBN: 0192546538
Format: PDF, ePub, Mobi
Download Now
In an era of mass mobility, those who are permitted to migrate and those who are criminalized, controlled, and prohibited from migrating are heavily patterned by race. By placing race at the centre of its analysis, this volume brings together fourteen chapters that examine, question, and explain the growing intersection between criminal justice and migration control. Through the lens of race, we see how criminal justice and migration enmesh in order to exclude, stop, and excise racialized citizens and non-citizens from societies across the world within, beyond, and along borders. Neatly organized in four parts, the book begins with chapters that present a conceptual analysis of race, borders, and social control, moving to the institutions that make up and shape the criminal justice and migration complex. The remaining chapters are convened around the key sites where criminal justice and migration control intersect: policing, courts, and punishment. Together the volume presents a critical and timely analysis of how race shapes and complicates mobility and how racism is enabled and reanimated when criminal justice and migration control coalesce. Race and the meaning of race in relation to citizenship and belonging is excavated throughout the chapters presented in the book, thereby transforming the way we think about migration.

The Diversification and Fragmentation of International Criminal Law

Author: Larissa van den Herik
Publisher: Martinus Nijhoff Publishers
ISBN: 9004214593
Format: PDF, ePub
Download Now
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.