Trials for International Crimes in Asia

Trials for International Crimes in Asia
Author: Kirsten Sellars
Publisher: Cambridge University Press
Total Pages: 387
Release: 2016
Genre: History
ISBN: 1107104653

The first comprehensive legal appraisal of tribunals convened across Asia to try war crimes, crimes against humanity, and genocide.

Transnational Governance

Transnational Governance
Author: Scott Mann
Publisher: Routledge
Total Pages: 280
Release: 2016-02-17
Genre: Law
ISBN: 1317006852

As globalization continues to spread and evolve, so nation-states attempt to govern financialization, tax evasion, corruption, terrorism, civil and military conflicts and environmental dangers, social polarization and the complexities in human rights implementation, by institutional and transnational means. This volume discusses these issues from different legal perspectives and highlights the challenges of governing human activity in an age of remarkable interconnectedness. Covering a broad range of policy areas and analysis of emerging forms of governance from liberal to critical and Marxist, the chapters are legal in their approach and form an important contribution to the growing study of emergent forms of authority, coordination and power developing in response to the challenges presented by some of the key contemporary governance issues in the first half of the twenty-first century.

The Global Prosecution of Core Crimes under International Law

The Global Prosecution of Core Crimes under International Law
Author: Christopher Soler
Publisher: Springer Nature
Total Pages: 704
Release: 2019-09-18
Genre: 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.

Crimes against Humanity

Crimes against Humanity
Author: M. Cherif Bassiouni
Publisher: Cambridge University Press
Total Pages: 885
Release: 2011-04-25
Genre: Law
ISBN: 1139498932

This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.

Pluralism in International Criminal Law

Pluralism in International Criminal Law
Author: Elies van Sliedregt
Publisher: OUP Oxford
Total Pages: 510
Release: 2014-10-02
Genre: Law
ISBN: 019100829X

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.

A Theory of Punishable Participation in Universal Crimes

A Theory of Punishable Participation in Universal Crimes
Author: Terje Einarsen
Publisher: Torkel Opsahl Academic EPublisher
Total Pages: 756
Release: 2018-12-07
Genre: Law
ISBN: 8283481282

This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.

Introduction to International Criminal Law

Introduction to International Criminal Law
Author: M. Cherif Bassiouni
Publisher: Martinus Nijhoff Publishers
Total Pages: 1259
Release: 2013
Genre: Law
ISBN: 9004186441

This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.

Constructing Families of Constructions

Constructing Families of Constructions
Author: Francisco José Ruiz de Mendoza Ibáñez
Publisher: John Benjamins Publishing Company
Total Pages: 352
Release: 2017-07-26
Genre: Language Arts & Disciplines
ISBN: 9027265658

Within Construction Grammar, this volume moves away from a compartmentalized view of constructions with the aim of providing a more holistic description of grammar. Thus, the book brings together analyses that look at constructional families within the “constructicon” of such languages as English, Spanish, German, Polish, Croatian, and Hungarian. Part 1 focuses on how different analytical perspectives may be applied to comparable and/or connected constructions with a view to enhancing our understanding of their similarities, differences, and relations. Part 2 contributes to the state of the art in Construction Grammar in three ways: (i) by reconciling aspects of various constructionist analyses; (ii) by determining to what extent competing constructionist perspectives can offer more adequate approaches to specific analytical needs; and (iii) by challenging central assumptions within Construction Grammar. This book is expected to encourage further research into the anatomy of constructional families and their interrelations in all domains of constructional organization.

International Criminal Procedure

International Criminal Procedure
Author: Göran Sluiter
Publisher: Oxford University Press
Total Pages: 1720
Release: 2013-03-21
Genre: History
ISBN: 0199658021

"The ambitious aim of the work is to create a guiding framework for international criminal procedural law and practices in the future. As explained by the working groups, the overarching objective of the project is to assist the challenge of delivering fair but also effective trials". -- FOREWORD.