Author : Sarah Finnin
Publisher : Martinus Nijhoff Publishers
Page : 269 pages
File Size : 23,58 MB
Release : 2012-08-27
Category : Law
ISBN : 9004228071
This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute.
Author : Sarah Finnin
Publisher : Martinus Nijhoff Publishers
Page : 268 pages
File Size : 15,19 MB
Release : 2012-08-27
Category : Law
ISBN : 9004228098
This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute. The development of proposed elements for these accessorial modes of liability is necessary because while detailed elements for the substantive crimes within the jurisdiction of the Court were identified in the ‘Elements of Crimes’, no such elements were elaborated for the modes of liability in those crimes. The proposed elements in this volume break new ground and are designed to assist the ICC in applying the provisions of the Rome Statute to the cases before it for trial with consistency and accuracy.
Author : Marjolein Cupido
Publisher : Cambridge University Press
Page : pages
File Size : 25,26 MB
Release : 2019-07-11
Category : Law
ISBN : 1108590152
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Author : Lachezar D. Yanev
Publisher : BRILL
Page : 654 pages
File Size : 17,51 MB
Release : 2018-05-07
Category : Law
ISBN : 9004357505
The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.
Author : Laura Ausserladscheider Jonas
Publisher : BRILL
Page : 256 pages
File Size : 36,1 MB
Release : 2021-12-28
Category : Law
ISBN : 900447093X
Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Author : Charles C. Jalloh
Publisher : Cambridge University Press
Page : 1199 pages
File Size : 35,91 MB
Release : 2019-05-16
Category : History
ISBN : 110842273X
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
Author : Carsten Stahn
Publisher : Oxford University Press, USA
Page : 1441 pages
File Size : 37,50 MB
Release : 2015
Category : Law
ISBN : 0198705166
The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Author : Mark Klamberg
Publisher : Torkel Opsahl Academic EPublisher
Page : 819 pages
File Size : 18,28 MB
Release : 2017-04-29
Category : Law
ISBN : 8283481010
Author : Miles Jackson
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 43,68 MB
Release : 2015
Category : Law
ISBN : 0198736932
Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.
Author : Iryna Marchuk
Publisher : Springer Science & Business Media
Page : 311 pages
File Size : 11,26 MB
Release : 2013-07-29
Category : Law
ISBN : 3642282466
This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.
