International Criminal Law in Context

Author: Philipp Kastner
Publisher: Routledge
ISBN: 1317198999
Format: PDF, ePub, Docs
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International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

The Crime of Aggression under the Rome Statute of the International Criminal Court

Author: Carrie McDougall
Publisher: Cambridge University Press
ISBN: 1107354854
Format: PDF
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This guide to the crime of aggression provisions under the Rome Statute of the International Criminal Court (ICC) offers an exhaustive and sophisticated legal analysis of the crime's definition, as well as the jurisdictional provisions governing the ICC's exercise of jurisdiction over the crime. A range of practical issues likely to arise in prosecutions of the crime of aggression before the ICC are canvassed, as is the issue of the domestic prosecution of the crime. It also offers an insight into the geopolitical significance of the crime of aggression and the activation of the ICC's ability to exercise its jurisdiction over the crime. The author's intimate involvement in the crime's negotiations, combined with extensive scholarly reflection on the criminalisation of inter-State uses of armed force, makes this highly relevant to all academics and practitioners interested in the crime of aggression.

Reducing Genocide to Law

Author: Payam Akhavan
Publisher: Cambridge University Press
ISBN: 0521824419
Format: PDF, ePub, Mobi
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Why is genocide the 'ultimate crime' and does this distinction make any difference in confronting evil?

Justice for Crimes Against Humanity

Author: Mark Lattimer
Publisher: Bloomsbury Publishing
ISBN: 1847312438
Format: PDF
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The aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of Senator Pinochet in London. The vigorous public debate that attended that case - and related developments in international criminal justice, such as the creation of the International Criminal Court and the trial of former President Milosevic - demonstrate the close connections between the law and wider political or moral questions. In the field of international criminal justice there appeared, therefore, a clear need to distinguish legal from essentially political issues - promoting the application of the law in an impartial and apolitical manner - while at the same time enabling each to legitimately inform the development of the other. The essays in this volume, written by internationally recognised legal experts: scholars, practitioners, judges - explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field. "This is a welcome collection of papers on criminal justice both at the international and the national level...a book which fills many gaps and adds considerable value by discussing wider policy and moral issues; it is to be recommended to all who are interested in the development of international criminal justice." Elizabeth Wilmshurst, International Affairs

Contested Justice

Author: Christian De Vos
Publisher: Cambridge University Press
ISBN: 1316483266
Format: PDF, Kindle
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The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.

Commentary on the Rome Statute of the International Criminal Court

Author: Otto Triffterer
Publisher: Hart Publishing Limited
ISBN: 9783832909277
Format: PDF, ePub, Mobi
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On July 1, 2008, the Rome Statute of the International Criminal Court (ICC) entered into force, enabling the ICC - as laid down in the Preamble to the Statute - to affirm "that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international cooperation." In this second edition commentary, Otto Triffterer and a number of eminent legal practitioners and scholars in the field of international criminal law give a detailed article-by-article analysis of both the Statute as well as the "Elements of Crime" and the "Rules of Procedure and Evidence," adopted by the Assembly of States Parties in 2002, and the "Regulations of the Court," adopted by the Judges of the ICC in 2004. This substantially revised and significantly amended version considers the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR); other international, "semi-international," or national courts; and the relevant literature since the publication of the first edition in 1999. This book has been selected in 2009 to receive the prestigious ASIL Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars.

The Grey Zone

Author: Mark Lattimer
Publisher: Bloomsbury Publishing
ISBN: 1509908641
Format: PDF, Kindle
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The high civilian death toll in modern, protracted conflicts such as those in Syria or Iraq indicate the limits of international law in offering protections to civilians at risk. A recent conference of states convened by the International Committee of the Red Cross referred to 'an institutional vacuum in the area of international humanitarian law implementation'. Yet both international humanitarian law and the law of human rights establish a series of rights intended to protect civilians. But which law or laws apply in a particular situation, and what are the obstacles to their implementation? How can the law offer greater protections to civilians caught up in new methods of warfare, such as drone strikes, or targeted by new forms of military organisation, such as transnational armed groups? Can the implementation gap be filled by the growing use of human rights courts to remedy violations of the laws of armed conflict, or are new instruments or mechanisms of civilian legal protection needed? This volume brings together contributions from leading academic authorities and legal practitioners on the situation of civilians in the grey zone between human rights and the laws of war. The chapters in Part 1 address key contested or boundary issues in defining the rights of civilians or non-combatants in today's conflicts. Those in Part 2 examine remedies and current mechanisms for redress both at the international and national level, and those in Part 3 assess prospects for the development of new mechanisms for addressing violations. As military intervention to protect civilians remains contested, this volume looks at the potential for developing alternative approaches to the protection of civilians and their rights.

International Criminal Procedure

Author: Göran Sluiter
Publisher: Oxford University Press
ISBN: 0199658021
Format: PDF, Docs
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This major reference work identifies and crystallizes the common rules and principles underlying international criminal procedure, as developed by international courts and tribunals since the Second World War. It covers the whole of the international criminal process, from initial investigations to the role of victims and the final appeal.