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System Criminality In International Law

Author: Harmen van der Wilt
Publisher: Cambridge University Press
ISBN: 0521763568
Size: 51.36 MB
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How does international law respond to situations where collective entities order, encourage or allow the committing of international crimes?

Individual Criminal Responsibility In International Law

Author: Elies van Sliedregt
Publisher: Oxford University Press
ISBN: 0199560366
Size: 19.93 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.

The Oxford Handbook Of The Theory Of International Law

Author: Anne Orford
Publisher: Oxford University Press
ISBN: 019100555X
Size: 47.29 MB
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The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

A Critical Introduction To International Criminal Law

Author: Carsten Stahn
Publisher: Cambridge University Press
ISBN: 1108423205
Size: 33.38 MB
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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.

Pluralism In International Criminal Law

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Size: 67.30 MB
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Complicity In International Law

Author: Miles Jackson
Publisher: OUP Oxford
ISBN: 0191056758
Size: 77.31 MB
Format: PDF
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This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.

Perpetrators And Accessories In International Criminal Law

Author: Neha Jain
Publisher: Bloomsbury Publishing
ISBN: 1782254099
Size: 29.35 MB
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International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.