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The Genocide Convention

Author: John Quigley
Publisher: Routledge
ISBN: 1317030729
Size: 68.17 MB
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The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.

The Concept Of Mens Rea In International Criminal Law

Author: Mohamed Elewa Badar
Publisher: Bloomsbury Publishing
ISBN: 1782250654
Size: 32.44 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.

The Criminal Law Of Genocide

Author: Ralph J. Henham
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754648987
Size: 56.32 MB
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This volume presents a contextual view of genocide which allows a consideration of the social and political concepts of the crime and of its historical dimensions as well as its legal treatment. It also suggests alternative justice solutions to the phenomenon of genocide.

The Crime Of Destruction And The Law Of Genocide

Author: Caroline Fournet
Publisher: Routledge
ISBN: 1317037030
Size: 16.62 MB
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This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.

International And Comparative Criminal Justice

Author: Mark J. Findlay
Publisher: Routledge
ISBN: 1136184155
Size: 15.90 MB
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International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.

Principles Of Islamic International Criminal Law

Author: Farhad Malekian
Publisher: BRILL
ISBN: 9004203966
Size: 33.12 MB
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The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

Reducing Genocide To Law

Author: Payam Akhavan
Publisher: Cambridge University Press
ISBN: 0521824419
Size: 76.58 MB
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Why is genocide the 'ultimate crime' and does this distinction make any difference in confronting evil?

The Fundamental Concept Of Crime In International Criminal Law

Author: Iryna Marchuk
Publisher: Springer Science & Business Media
ISBN: 3642282466
Size: 78.17 MB
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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.

Restorative Justice

Author: Margarita Zernova
Publisher: Ashgate Publishing Company
ISBN: 9780754670322
Size: 54.14 MB
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This book provides a critical perspective on the aspirations of advocates of restorative justice and the direction in which restorative justice is developing. It examines ways forward for the restorative justice movement - and the development of practices - with a coherent set of restorative justice ideals.

Complicity In International Law

Author: Miles Jackson
Publisher: Oxford University Press, USA
ISBN: 0198736932
Size: 29.13 MB
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Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.