International Criminal Accountability For Religious Persecution In Terms Of The Rome Statute
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| Author | : Werner Nicolaas Nel |
| Publisher | : |
| Total Pages | : |
| Release | : 2019 |
| Genre | : |
| ISBN | : |
Persecution has found contemporary acceptance as conduct constituting one of the enumerated inhumane acts of crimes against humanity in terms of the Rome Statute of the International Criminal Court (ICC). Despite its proscription under international criminal law, religious discrimination and religion-based persecution remain a major human rights issue of national and international concern. Accordingly, international prosecution systems are to be resorted to in pursuit of criminal accountability. However, the incessant impunity for persecution is not due to the lack of proscription in international law, but stems rather from definitional instability and legal vagueness, which is consequently addressed in this dissertation. The paper proposes a justifiable, comprehensively formulated and pragmatically verified conceptualisation of "Ë−grievous religious persecution' as a crime against humanity. In this regard, a relevant taxonomy is proposed which differentiates between different forms of persecutory conduct, discusses the mens rea requirement, establishes the intensity threshold, recommends an effective definition, and is finally applied to a relevant case study in order to analyse its practical efficiency. In furtherance thereof, the writer takes a multidisciplinary approach, briefly examining the existential nature of religious identity and freedom, as well as its role in characterising persecution as religion-orientated. This conceptualisation advances the legal discourse relating to religious persecution, which may potentially lessen the political and judicial unease regarding its perceived scope and application. This strengthens the efforts of human rights defenders, advances criminal accountability and counteracts impunity for "Ë−grievous religious persecution'. The overall thesis is therefore that it is possible to convincingly conceptualise "Ë−grievous religious persecution' by denoting a definitively formulated and pragmatically verified taxonomy of the legal preconditions for establishing the ICC's subject-matter jurisdiction.
| Author | : M. Cherif Bassiouni |
| Publisher | : |
| Total Pages | : 840 |
| Release | : 1998 |
| Genre | : Law |
| ISBN | : |
83/2/Add. 1, Criminal Court,1998)
| Author | : Mark Klamberg |
| Publisher | : Torkel Opsahl Academic EPublisher |
| Total Pages | : 819 |
| Release | : 2017-04-29 |
| Genre | : Law |
| ISBN | : 8283481010 |
| Author | : Alexandre Skander Galand |
| Publisher | : BRILL |
| Total Pages | : 278 |
| Release | : 2018-11-26 |
| Genre | : Law |
| ISBN | : 9004342214 |
This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.
| Author | : Kathrin Strobel |
| Publisher | : BRILL |
| Total Pages | : 302 |
| Release | : 2021-08-09 |
| Genre | : Law |
| ISBN | : 9004462589 |
This book presents the first comprehensive study of international criminal jurisdiction over organized crime and demonstrates the potential of international law to bring leaders of cartels and trafficking rings to justice.
| Author | : Werner Nicolaas Nel |
| Publisher | : Wipf and Stock Publishers |
| Total Pages | : 497 |
| Release | : 2020-12-29 |
| Genre | : Religion |
| ISBN | : 1725295148 |
“Nel focuses on grievous religious persecution as one manifestation of crimes against humanity. In spite of shocking reports in recent years about mass-scale atrocities, the issue of religious persecution so far has received comparatively limited attention in academic literature. By meticulously putting together the various elements that jointly define religious persecution, Nel’s dissertation fills a frequently felt gap. Moreover, he reminds us that humanity cannot remain silent about manifestations of grievous religious persecution, which after all are crimes against humanity as a whole. International criminal law must be applied to overcome the gloating triumph of perpetrators over their victims.” From the foreword by Prof. Dr. Heiner Bielefeldt, former U.N. Special Rapporteur on freedom of religion or belief
| Author | : André Nollkaemper |
| Publisher | : |
| Total Pages | : 769 |
| Release | : 2018 |
| Genre | : 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 | : |
| Publisher | : |
| Total Pages | : 524 |
| Release | : 2003-03-27 |
| Genre | : Law |
| ISBN | : 9780521818520 |
This commentary provides a critical insight into the negotiating history that led to the adoption of the elements of war crimes. It also presents existing jurisprudence, which is relevant for the interpretation of the war crimes in the ICC Statute.The aim is to serve as a tool in the implementation of international humanitarian law in future cases dealing with war crimes and offer practitioners (judges, prosecutors and lawyers) and academics important background information on the substance of the crimes.
| Author | : Astrid Kjeldgaard-Pedersen |
| Publisher | : BRILL |
| Total Pages | : 249 |
| Release | : 2017-11-01 |
| Genre | : Law |
| ISBN | : 9004343598 |
In August 2015, international legal scholars and expert practitioners from Denmark, Finland, Iceland, Norway, and Sweden gathered to discuss contemporary issues of international law from a Nordic perspective: Do the “shared Nordic values” extend to embrace a common perspective on international law and policy beyond the Nordic region? And do international legal scholars in the Nordic countries share a professional outlook enabling us to speak of a distinct “Nordic approach to international law”? This book contains a selection of the conference papers, which all address aspects of Nordic approaches to international law - varying significantly in terms of subject area, methodology and style. The book is relevant to international legal scholars in the Nordic countries and beyond.
| Author | : Gerhard Werle |
| Publisher | : Springer |
| Total Pages | : 349 |
| Release | : 2016-11-29 |
| Genre | : Law |
| ISBN | : 9462651507 |
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
