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Mistake Of Law

Author: Annemieke van Verseveld
Publisher: Springer Science & Business Media
ISBN: 9067048674
Size: 18.94 MB
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When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.

Principles Of International Criminal Law

Author: Gerhard Werle
Publisher: Oxford University Press
ISBN: 0198703597
Size: 15.43 MB
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Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.

Individual Criminal Responsibility In International Law

Author: Elies van Sliedregt
Publisher: Oxford University Press
ISBN: 0199560366
Size: 54.13 MB
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Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.

Excusable Evil

Author: Maartje Krabbe
Publisher: Intersentia Uitgevers N V
ISBN: 9781780682044
Size: 19.32 MB
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Could Hitler have pleaded insanity? Can a soldier participating in a massacre claim duress because his superior forced him? In domestic criminal law complete defences, such as insanity and duress, are rather common legal figures. But what is the role of these arguments in international criminal law? Can horrific large-scale crimes, such as genocide and crimes against humanity, ever be excused? This book provides an analysis of cases featuring complete defences at international criminal courts (IMT, IMTFE, ICTY, ICTR and ICC). Conclusion of the analysis is that international criminal courts recognize most complete defences in principle. However, they consistently reject themin practice. Courts thus tend to say: "Insanity is available as a complete defence?but not in this case". This conclusion raises questions as to the compatibility between complete defences and international crimes: When they are never accepted in practice, should such defences be available at all?

The International Criminal Court

Author: William A. Schabas
Publisher: Oxford University Press
ISBN: 019873977X
Size: 18.28 MB
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Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute. This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.

Commentary On The Law Of The International Criminal Court

Author: Mark Klamberg
Publisher: Torkel Opsahl Academic Epublisher
ISBN: 9788283481006
Size: 72.71 MB
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This book provides legal commentary on every article of the Statute of the International Criminal Court. The text is written by 45 experts from 18 countries. Case law and other sources relevant to the interpretation of the Statute are discussed and referenced.

The Concept Of Mens Rea In International Criminal Law

Author: Mohamed Elewa Badar
Publisher: Bloomsbury Publishing
ISBN: 1782250662
Size: 39.25 MB
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The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.

Justice For Victims Of Crime

Author: Albin Dearing
Publisher: Springer
ISBN: 3319450484
Size: 51.34 MB
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This book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state’s criminal laws and instead reinterpreting it as a violation of human rights. The state’s right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.