Theory And Practice Of International And Internationalized Criminal Proceedings
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Author | : Geert-Jan G. J. Knoops |
Publisher | : |
Total Pages | : 408 |
Release | : 2005 |
Genre | : Criminal procedure (International law). |
ISBN | : |
Although a number of serious crimes have been recognized and defined as international in nature most obviously genocide, war crimes, and crimes against humanity - no universal code of procedural law can be said to govern the conduct of international criminal trials. This important new books takes a giant step toward the development of such a code through an in-depth analysis of actual procedure before existing international and internationalized courts - the International Military Tribunal for Nuremberg and Tokyo (1945), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), the International Criminal Court (ICC), the Special Court for Sierra Leone (SCSL), and the East Timor Special Panels for Serious Crimes. The author also explores and clarifies the crucial role of human rights law, especially as it has evolved in the jurisprudence of the European Court of Human Rights (ECHR), in the field of international criminal procedural law. Any professional, official, or academic concerned with ensuring the highest standards of international justice will find this book rewarding and useful, Practitioners and policymakers in any criminal justice system will appreciate the detailed practical evaluation and guidance provided here.
Author | : Pavel Šturma |
Publisher | : BRILL |
Total Pages | : 266 |
Release | : 2019-01-03 |
Genre | : Law |
ISBN | : 9004387552 |
The Rome Statute of the ICC at its Twentieth Anniversary (Achievements and Perspectives) is an edited book comprising of 13 chapters written by contributors to a conference dedicated to discuss the development, achievements and possible future evolution of the Rome Statute and international criminal law. The authors include academics from various legal systems, practitioners from the ICC and the Special Tribunal for Lebanon, attorneys and other law experts. The International Criminal Court is the first universal international criminal tribunal. Though quite new, as the Rome Statute was adopted 20 years ago (1998) and only 16 years have passed since its entry into force, it has already developed interesting case-law and continues to elaborate on both substantive and procedural international criminal law. Contributors are Ivana Hrdličková, Claus Kreß, Tamás Lattmann, Jan Lhotský, Milan Lipovský, Iryna Marchuk, Josef Mrázek, Anna Richterová, Simon De Smet, Ondřej Svaček, Pavel Šturma, Kateřina Uhlířová, Kristýna Urbanová, Aloka Wanigasuriya.
Author | : Gerhard Werle |
Publisher | : Oxford University Press |
Total Pages | : 711 |
Release | : 2014 |
Genre | : 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 | : 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 | : Kubo Macak |
Publisher | : Oxford University Press |
Total Pages | : 321 |
Release | : 2018-07-12 |
Genre | : Law |
ISBN | : 0192551787 |
This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.
Author | : Darryl Robinson |
Publisher | : Oxford University Press |
Total Pages | : 896 |
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 | : 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.
Author | : Gideon Boas |
Publisher | : Edward Elgar Publishing |
Total Pages | : 318 |
Release | : 2017-04-28 |
Genre | : Law |
ISBN | : 1785360639 |
This book explores crucial themes in international criminal justice. It starts by answering the searching question: what is international criminal justice? The book then considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope, and the relationship of these themes with how we understand international criminal justice. While addressing some crucial legal questions, International Criminal Justice goes further, drawing on a range of multi-disciplinary thinking.
Author | : Carsten Stahn |
Publisher | : Cambridge University Press |
Total Pages | : 467 |
Release | : 2019 |
Genre | : 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 | : Göran Sluiter |
Publisher | : OUP Oxford |
Total Pages | : 2646 |
Release | : 2013-03-21 |
Genre | : Law |
ISBN | : 0191632600 |
International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.