Treatise on International Criminal Law

Author: Kai Ambos
Publisher: Oxford University Press
ISBN: 0199665613
Format: PDF
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Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational, systematic, consistent, and comprehensive analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences. The full three-volume treatise addresses the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It is essential reading for practitioners, scholars, and students of international criminal law alike.

Treatise on International Criminal Law

Author: Kai Ambos
Publisher: Oxford University Press
ISBN: 0191644188
Format: PDF, ePub
Download Now
Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational, systematic, consistent, and comprehensive analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences. The full three-volume treatise addresses the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It is essential reading for practitioners, scholars, and students of international criminal law alike.

Principles of International Criminal Law

Author: Gerhard Werle
Publisher: Oxford University Press
ISBN: 0198703597
Format: PDF, Kindle
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Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.

Treatise on International Criminal Law

Author: Kai Ambos
Publisher: OUP Oxford
ISBN: 0191644218
Format: PDF, Mobi
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Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational, systematic, consistent, and comprehensive analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This second volume offers a comprehensive analysis of the core international crimes, namely, genocide, crimes against humanity, war crimes, and aggression. It also assesses relevant treaty crimes. It examines in detail the problem of concours delictorum and the law of sentencing, offering proposals for the development of a more consistent sentencing regime. The full three-volume treatise will address the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It will be essential reading for practitioners, scholars, and students of international criminal law alike.

International Criminal Law

Author: Roger O'Keefe
Publisher: Oxford University Press, USA
ISBN: 0199689040
Format: PDF, Docs
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International criminal law has seen significant developments in recent years, as the jurisprudence of the International Criminal Court has expanded, alongside the practice of other international criminal tribunals. International criminal law is increasingly a concern of domestic courts as well, with international legal issues arising from domestic cases. This book presents a comprehensive overview of the field, assessing the subject in the context of wider public international law. In particular, this book complements discussion of the 'core crimes' of genocide, crimes against humanity, and war crimes, with a full treatment of wider issues that arise. These include the international rules governing national criminal jurisdiction; the crime of piracy; the raft of multilateral treaties defining and creating obligations in respect of international crimes, including terrorist crimes, and of the so-far unsuccessful attempts to conclude a comprehensive convention on terrorism; the prosecution and punishment of international crimes at the national level; and the activities of the United Nations Security Council in relation to international crimes.This book provides an in-depth study of the ways in which domestic courts prosecute international crimes. Its analysis encompasses the international rules on the permissible reach of national criminal jurisdiction; the substantive law of international crimes; the prosecution and punishment of international crimes, and the prosecution and punishment of municipal crimes by international criminal courts or by municipal courts with international elements; and the involvement of international organs, such as the United Nations Security Council, in the suppression of international and municipal criminal wrongdoing. The book also includes more formal conceptual analysis of the very notion of an 'international crime' and of an 'international criminal tribunal', as well as a detailed account of the rise of individual criminal responsibility under international law. The book is written in a direct, concise, and precise style, making it a perfect resource for ICL practitioners, as well as scholars and advanced students.

Mens Rea at the International Criminal Court

Author: Geert-Jan Alexander Knoops
Publisher: BRILL
ISBN: 9004307885
Format: PDF, Kindle
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This volume offers an overview of all aspects of mens rea before the International Criminal Court, while taking into account mens rea standards that have already been established in customary international law or before the ad hoc tribunals.

Pluralism in International Criminal Law

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Format: PDF, Kindle
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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.

An Introduction to International Criminal Law and Procedure

Author: Robert Cryer
Publisher: Cambridge University Press
ISBN: 1139993348
Format: PDF, Mobi
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By offering both a comprehensive update and new material reflecting the continuing development of the subject, this continues to be the leading textbook on international criminal law. Its experienced author team draws on its combined expertise as teachers, scholars and practitioners to offer an authoritative survey of the field. The third edition contains new material on the theory of international criminal law, the practice of international criminal tribunals, the developing case law on principles of liability and procedures and new practice on immunities. It offers valuable supporting online materials such as case studies, worked examples and study guides. Retaining its comprehensive coverage, clarity and critical analysis, it remains essential reading for all in the field.

Complicity in International Criminal Law

Author: Marina Aksenova
Publisher: Bloomsbury Publishing
ISBN: 1509900098
Format: PDF, ePub, Mobi
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This book tackles one of the most contentious aspects of international criminal law Â? the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion.

The International Criminal Court in Search of its Purpose and Identity

Author: Triestino Mariniello
Publisher: Routledge
ISBN: 1317703081
Format: PDF, ePub, Docs
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The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.