The Principle Of Legality In International And Comparative Criminal Law Introduction Chapter 1
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| Author | : Kenneth S. Gallant |
| Publisher | : |
| Total Pages | : |
| Release | : 2012 |
| Genre | : |
| ISBN | : |
This Introduction and Chapter 1 of a book, Kenneth S Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge Univ. Press 2009).Chapter 1 introduces the issues raised by the principles of nullum crimen sine lege and nulla poena sine lege, which are the core of the principle of legality in criminal law. It also raises a few other issues of legality in criminal law. It discusses the relationship of legality and retroactivity in criminal law to issues of the rule of law more generally. It discusses both the human rights and criminal law purposes of legality. The emphasis is not only on the prior existence of a criminal law, but of a criminal law that was applicable to the actor at the time of the alleged crime. Finally, this chapter addresses several doctrines and views which could cause erosion or rejection of the principle of legality, including judicial crime creation, expansive interpretation of criminal statutes, analogy, the view that language - and hence criminal law - is always indeterminate, and the lure of authoritarianism.
| Author | : Kenneth S. Gallant |
| Publisher | : |
| Total Pages | : 603 |
| Release | : 2009 |
| Genre | : Criminal jurisdiction |
| ISBN | : 9780511479793 |
This 2009 text was the first modern book-length study of the status of legality in international criminal law, international human rights law, and comparative law.
| Author | : Kenneth S. Gallant |
| Publisher | : |
| Total Pages | : 36 |
| Release | : 2011 |
| Genre | : |
| ISBN | : |
This is Chapter 7 and Conclusion of a book, Kenneth S. Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge Univ. Press, 2009), now available at www.cambridge.org and other booksellers.Chapter 7 demonstrates that both nullum crimen and nulla poena (in reasonably strong - though not the strongest - forms) have become rules of customary international law which bind both states and international organizations. They apply as binding customary and treaty international human rights protections to prosecutions brought under both national and international criminal law, and in both national and international tribunals. It shows how the principles of notice, foreseeability and accessibility of law can provide a working definition of non-retroactivity of crimes and punishments, even though language itself always has some indeterminacy. This chapter demonstrates, contrary to views popular in some circles, that nullum crimen and nulla poena (the prohibitions of retroactive crime creation or increases in punishments) truly apply in international criminal law.
| Author | : Kenneth S. Gallant |
| Publisher | : |
| Total Pages | : 603 |
| Release | : 2009 |
| Genre | : Criminal jurisdiction |
| ISBN | : 9780511475948 |
This 2009 text was the first modern book-length study of the status of legality in international criminal law, international human rights law, and comparative law.
| Author | : Kenneth S. Gallant |
| Publisher | : |
| Total Pages | : |
| Release | : 2012 |
| Genre | : |
| ISBN | : |
This is a Chapter 2 of Kenneth S. Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge Univ. Press, 2009).Chapter 2 briefly reviews the history of the principle of legality in criminal law up to World War I, drawing material from common law, civil law, Islamic law, and a few other sources. Then it covers interwar events, focusing on the German abandonment of the principle in the 1930's and the international legal reaction.
| Author | : Kenneth S. Gallant |
| Publisher | : Cambridge University Press |
| Total Pages | : 0 |
| Release | : 2010-12-23 |
| Genre | : Political Science |
| ISBN | : 9780521187602 |
This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.
| 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 | : M. Cherif Bassiouni |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 1258 |
| Release | : 2012-11-09 |
| Genre | : Law |
| ISBN | : 9004231692 |
Written by one of the world's pioneers and leading authorities on international criminal law, this text book 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; the function of the international criminal court; rules of procedure and evidence applicable to international criminal proceedings; and the future of international criminal law. This textbook is fully updated, comprehensive, easy to read, and ideally suited for classroom use. Also available as hardback: isbn 9789004264977
| 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 | : 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.
