Theories Of Co Perpetration In International Criminal Law
Download Theories Of Co Perpetration In International Criminal Law full books in PDF, epub, and Kindle. Read online free Theories Of Co Perpetration In International Criminal Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Lachezar D. Yanev |
Publisher | : BRILL |
Total Pages | : 654 |
Release | : 2018-05-07 |
Genre | : 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 | : Marjolein Cupido |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2019-07-11 |
Genre | : 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 | : Darryl Robinson |
Publisher | : Oxford University Press |
Total Pages | : 894 |
Release | : 2020-02-24 |
Genre | : Law |
ISBN | : 0192558897 |
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Author | : Antonio Cassese |
Publisher | : Oxford University Press |
Total Pages | : 467 |
Release | : 2013-01-31 |
Genre | : Law |
ISBN | : 0199694923 |
Revised edition of: International criminal law, second edition, 2008.
Author | : Laura Ausserladscheider Jonas |
Publisher | : BRILL |
Total Pages | : 256 |
Release | : 2021-12-28 |
Genre | : 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 | : Darryl Robinson |
Publisher | : Cambridge University Press |
Total Pages | : 327 |
Release | : 2020-12-17 |
Genre | : 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.
Author | : Carsten Stahn |
Publisher | : Oxford University Press, USA |
Total Pages | : 1441 |
Release | : 2015 |
Genre | : 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 |
Total Pages | : 819 |
Release | : 2017-04-29 |
Genre | : Law |
ISBN | : 8283481010 |
Author | : Iryna Marchuk |
Publisher | : Springer Science & Business Media |
Total Pages | : 311 |
Release | : 2013-07-29 |
Genre | : 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 | : BETH VAN. SLYE SCHAACK (RONALD C.) |
Publisher | : Foundation Press |
Total Pages | : 377 |
Release | : 2020-11-27 |
Genre | : |
ISBN | : 9781684670017 |
This engaging primer presents the field of International Criminal Law (ICL) in new and accessible ways. It provides a concise summary of key ICL doctrines while also raising novel and interdisciplinary perspectives. It targets a wide range of audiences, including law and other graduate students studying international law and related disciplines, such as human rights, transitional justice, peacebuilding, and conflict resolution. The book will also be useful for those working in the field--including diplomats, mediators, government officials, and negotiators--who need to understand the foundations and core concepts of ICL. It offers a useful primer for someone new to the field, and provides thought-provoking discussions for more seasoned practitioners. Part I introduces the domain of ICL. Specific chapters are devoted to the different strands of the field's history; the web of institutions that apply and interpret ICL; how the rules of international law generally, and ICL in particular, are created; theories that attempt to explain why certain crimes are subject to international regulation; and the unique challenges posed by the principle of legality within ICL. Part II is devoted to the intersecting elements of the major crimes recognized by international law (war crimes, crimes against humanity, genocide, aggression, and terrorism), the unique development of modes of liability under international law (including superior responsibility, complicity, co-perpetration, and joint criminal enterprise), and some of the defenses that might be deployed to block or mitigate liability (immunities, amnesties, and excuses). The text ends with two synthesis chapters. The first provides an in-depth case study of Syria to illustrate the way in which members of the international community can attempt to invoke, and block access to, the architecture of ICL and related accountability mechanisms. The second revisits some of the fundamental objectives underlying ICL, the more trenchant critiques of the project of international justice, and the breadth of creativity underlying alternative mechanisms developed under the cognate fields of transitional justice and conflict resolution. More than a hornbook, the text goes beyond a straight doctrinal discussion of ICL and offers insightful and provocative insights into the field. In so doing, it highlights points of intersection and divergence within core doctrines and offers a candid assessment of challenges in the field and opportunities for growth and development.