Author : Harmen van der Wilt
Publisher : Cambridge University Press
Page : 401 pages
File Size : 45,91 MB
Release : 2009-07-02
Category : Law
ISBN : 0521763568
How does international law respond to situations where collective entities order, encourage or allow the committing of international crimes?
Author : Christopher Soler
Publisher : Springer Nature
Page : 704 pages
File Size : 39,91 MB
Release : 2019-09-18
Category : Law
ISBN : 9462653356
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
Author : Farhad Malekian
Publisher : BRILL
Page : 477 pages
File Size : 31,71 MB
Release : 2011-06-22
Category : Law
ISBN : 9004203966
The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.
Author : Iryna Marchuk
Publisher : Springer Science & Business Media
Page : 311 pages
File Size : 25,24 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.
Author : Marjolein Cupido
Publisher : Cambridge University Press
Page : pages
File Size : 22,86 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 : 17,87 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 : André Nollkaemper
Publisher :
Page : 769 pages
File Size : 46,66 MB
Release : 2018
Category : Law
ISBN : 0198739745
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author : Carsten Stahn
Publisher : Cambridge University Press
Page : 467 pages
File Size : 32,50 MB
Release : 2019
Category : Law
ISBN : 1108423205
Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.
Author : Gerhard Werle
Publisher : Oxford University Press
Page : 711 pages
File Size : 30,4 MB
Release : 2014
Category : Law
ISBN : 0198703597
Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
Author : Darryl Robinson
Publisher : Cambridge University Press
Page : 327 pages
File Size : 42,8 MB
Release : 2020-12-17
Category : Law
ISBN : 1009028286
In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.
