Author : Chiara Giorgetti
Publisher : BRILL
Page : 644 pages
File Size : 16,41 MB
Release : 2012-02-17
Category : Law
ISBN : 9004194835
This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Author : Chiara Giorgetti
Publisher : Martinus Nijhoff Publishers
Page : 645 pages
File Size : 28,21 MB
Release : 2012-02-17
Category : Law
ISBN : 9004194827
This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Author : Chiara Giorgetti
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 31,83 MB
Release : 2013
Category : LAW
ISBN : 9789004257436
This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Author : Vladimir Tochilovsky
Publisher :
Page : 1552 pages
File Size : 11,78 MB
Release : 2022-01-24
Category : Criminal procedure (International law)
ISBN : 9789462362499
This book provides the most comprehensive overview of the law and jurisprudence of the international and internationalized criminal courts and tribunals concerning procedure, evidence, and human rights. The author analyses the origin and evolution of the relevant statutory provisions and provides the rationale behind the evolution. Relevant jurisprudence of the European Court of Human Rights and practice of the UN Human Rights Committee are included. This edition reflects developments of the law and jurisprudence since the previous edition and expands its subject matter. The cited jurisprudence and law is up to date as on 1 September 2021. The Law and Jurisprudence of the International Criminal Tribunals and Courts contains a digest and analysis of relevant decisions and judgements as well as the law of the ICC and other international courts and tribunals. It also provides references to the relevant judgements of the ECtHR and the views of the CCPR. It will be of interest to practitioners, scholars, and law students interested in international criminal justice. About the previous edition 'Tochilovsky is one of the most respected writers in this area. Having practised before the ICTY from the earliest days and having acquired a wealth of international experience he is uniquely placed to write with authority and insight. His latest work is exceptional and superbly comprehensive. It is indispensable to all judges, practitioners and commentators who wish to get to grips with the law and jurisprudence of the international criminal tribunal and courts. I do not keep it on the shelf of my library, but on my desk for constant reference. I recommend it without any hesitation. A "must have" work for all of us privileged to practice in this area.' Karim A.A. Khan - The Prosecutor of the International Criminal Court, Queen's Counsel, Barrister at Temple Garden Chambers, London, former Assistant UN Secretary-General, Special Adviser and Head of the UNITAD, former Lead Counsel at the ICC, ICTY, SCSL, ECCC, EULEX and other courts 'Mr. Tochilovsky has done a masterful job of distilling the jurisprudence of different international tribunals in his comprehensive, wellorganized and clearly written survey, The Law and Jurisprudence of International Criminal Tribunals and Courts. It is an invaluable resource for practitioners of international criminal law and for academics who wish to navigate confidently through an increasingly dense thicket of law and procedure.' Judge Mark Brian Harmon - Extraordinary Chambers in the Courts of Cambodia, formerly a Senior Trial Attorney at the ICTY, a former Federal Prosecutor, Civil Rights Division, of the United States Department of Justice 'This book provides a valuable resource to, and a wealth of background material for, practitioners and experts in the field.' David Tolbert - The Registrar of the Special Tribunal for Lebanon, former President of the International Center for Transitional Justice, former Deputy Prosecutor of the ICTY
Author : Vladimir Tochilovsky
Publisher : Intersentia Uitgevers N V
Page : 1396 pages
File Size : 40,61 MB
Release : 2014
Category : Law
ISBN : 9781780681993
This book provides the most comprehensive overview of the law and jurisprudence of the ad hoc international criminal tribunals and courts, as well as the International Criminal Court. It also includes relevant jurisprudence of the European Court of Human Rights and practice of the UN Human Rights Committee. The book examines the nature and evolution of the relevant statutory provisions of the international tribunals and provides the rationale behind the evolution. It significantly expands the subject matter of the relevant jurisprudence and reflects the developments and the current state of human rights standards in international criminal procedure. With cited jurisprudence and law that is up-to-date as of September 1, 2013, the book contains a digest and analysis of decisions, orders, and judgments of: the International Criminal Tribunal for the Former Yugoslavia * the International Criminal Tribunal for Rwanda * the Special Court for Sierra Leone * the Extraordinary Chambers in the Courts of Cambodia * the International Criminal Court * the European Court of Human Rights.
Author : William A. Schabas
Publisher : Cambridge University Press
Page : 55 pages
File Size : 26,4 MB
Release : 2006-07-20
Category : Political Science
ISBN : 1139456814
This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.
Author : Paolo Lobba
Publisher : BRILL
Page : 321 pages
File Size : 31,86 MB
Release : 2017-08-28
Category : Law
ISBN : 9004313753
Judicial Dialogue on Human Rights offers a critical legal perspective on the manner in which international criminal tribunals select, (re-)interpret and apply the principles and standards formulated by the European Court of Human Rights. A part of the book is devoted to testing the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the nullum crimen principle, prohibition of torture, hearsay evidence and victims’ rights. Another section of the book seeks to devise a methodologically sound ‘grammar’ of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice.
Author : Farhad Malekian
Publisher : Cambridge Scholars Publishing
Page : 808 pages
File Size : 41,20 MB
Release : 2014-06-30
Category : Law
ISBN : 1443863238
Introduction written by Professor Benjamin B Ferencz This challenging volume examines the jurisprudence of international criminal justice from various points of view. The philosophy of justice may vary from time to time and from nation to nation, depending on prevailing attitudes towards the substantive rules which deal, in one way or another, with cultural norms. In the national and international area, the principles of criminal justice have a key role in examining the scope of the most serious violations of international criminal law. It is on the basis of appropriate judgment that these principles may be accumulated and achieved for the future conduct of man. This volume, therefore, examines the principles and dimensions of the constitutions of various international criminal tribunals/courts, with particular focus on the Statute of the International Criminal Court (ICC). As such, the volume offers a comprehensive evaluation of the rule of law and criminal justice and their legal tasks within the complementarity system of international criminal jurisprudence. The volume emphasises the prosecution and punishment of all those who may successfully escape from the proceedings of national and international criminal courts because of their juridical, political, religious, economic or military power. It demands the implementation of international law of jus cogens. The provisions of the Statute should not be deduced in contradiction to the norms from which no derogation is possible, such as prohibitions governing crimes against humanity, torture, apartheid, rape, war crimes, genocide and aggression. If the value of the task of the Court is to be realised by the majority of states in the international community, the cycle of impunity has to be abolished in the case of all states, including the five permanent members of the Security Council of the United Nations.
Author : Shane Darcy
Publisher : Oxford University Press
Page : 433 pages
File Size : 28,9 MB
Release : 2010-12-16
Category : History
ISBN : 0199591466
As the work of the International Criminal Tribunals for the Former Yogoslavia and Rwanda draws to a close, this edited collection appraises their impact. It particularly focuses on the position of judges as lawmakers within these tribunals, shedding light on the profound changes in international criminal law which these judges have instigated.
Author : Giuliana Ziccardi Capaldo
Publisher : Oxford University Press
Page : pages
File Size : 43,16 MB
Release : 2021-12-17
Category : Law
ISBN : 0197618731
The 2020 edition marks the 20th Anniversary of The Global Community Yearbook of International Law and Jurisprudence. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The General Editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. This anniversary edition updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The journal's founding editor, Professor Emeritus Giuliana Ziccardi Capaldo, in her Editorial gives a presentation of the Yearbook's intellectual trajectory, as developed from its original roots, showing intriguing prospects for a publication that aims at the very forefront of events in law, politics, ethics, and jurisprudence in a global community. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ), human rights courts (ECtHR, IACtHR, ACtHPR), criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to economically based tribunals such as ICSID and the WTO dispute settlement system. This edition contains original research articles on the development and analysis of the concept of global law and the views of the leading global law theorists on the subject of globalization. This 20th anniversary edition also includes a special section which provides an interdisciplinary overview of China's Belt and Road Initiative; and an examination of the global public health order in a post-COVID-19 world. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals.
