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International Criminal Law In A Nutshell

Author: DAVID P. STEWART
Publisher: West Academic Publishing
ISBN: 9781640205987
Size: 12.61 MB
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The Nutshell is intended as an introduction for students taking a first course in international criminal law as well as practitioners with little or no familiarity with the field. After a brief introduction to the history of international criminal law (from its origins through Nuremburg to the ad hoc tribunals for the Former Yugoslavia and Rwanda), it summarizes basic principles of international accountability (such as the doctrine of "legality") and concepts of international criminal jurisdiction (including "universal" jurisdiction). Several chapters focus on the International Criminal Court, in particular its substantive jurisdiction (genocide, crimes against humanity, war crimes and aggression), modes of liability and available defenses. Additional chapters cover the purposes and procedures of extradition (and its alternatives, such as "rendition") and mutual legal assistance (obtaining evidence abroad for use in criminal cases). Attention is also given to the major "transnational crimes," including terrorism, corruption, trafficking and organized crime. The book is written so that readers will not require prior experience in the field of international law.

Swiss Criminal Law

Author: Anna Petrig
Publisher:
ISBN: 9783037517383
Size: 26.76 MB
Format: PDF, ePub
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This book comes as the first English language, systematic overview of Swiss criminal law. It provides a gateway for lawyers who are unfamiliar with this legal order, yet have an academic or practical interest in it. And it gives lawyers with a background in Swiss law a useful tool when working in English. The book brings into focus the basics of criminal law and links it with criminal procedural law, the rules on transnational cooperation in criminal matters and the parameters flowing from constitutional, international and European law. It deals with core questions of criminal law: what amounts to a criminal offence, how is criminal liability determined and what are its consequences? Furthermore, it provides general insight on international criminal law, which plays an increasingly important role. To fulfil its gateway function, the book concludes with a practical guide to Swiss criminal law and a thesaurus.

The Immunity Of States And Their Officials In International Criminal Law And International Human Rights Law

Author: Rosanne Van Alebeek
Publisher: OUP Oxford
ISBN: 0191552542
Size: 65.74 MB
Format: PDF, ePub, Docs
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The development of international human rights law and international criminal law has triggered the question whether states and their officials can still shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved. The Pinochet case was the first case that put this issue in the limelight of international attention. Since then, the question has been put to several domestic and international courts, and has engaged the minds of scholars and politicians around the world. This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms had brought the question of the role of national courts in the application of these norms to the fore and has made the question as to the relation between immunity rules and human rights and international criminal law an immediate one. The tension between the centuries old immunity rules and the relatively recent developments in international human rights law and international criminal law presents itself in two distinct forms. In the first place it can be questioned whether immunity rules as such are compatible with certain fundamental rights of individuals under international law such as the rights of access to court, the right to a remedy, or the right to effective protection. Secondly, it can be questioned whether immunity rules apply unabridged in proceedings concerning grave human rights abuses. In its examination of these two questions this book sets out to clearly distinguish the different scope and nature of the rule of state immunity, the rule of functional immunity and the personal immunity of diplomatic agents and heads of state. While strong arguments against certain applications of immunity rules can be derived from international human rights law and international criminal law, this book argues that an unqualified attack on immunity rules risks casting a shadow over all human rights based arguments.

Public International Law In A Nutshell

Author: Thomas Buergenthal
Publisher: West Academic Publishing
ISBN:
Size: 40.59 MB
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Provides an overview of contemporary international law and signposts for additional research. Includes chapters on the law of the sea, international environmental law, the use of force and arms control. Text explores the application and relevance of international law, as well as its sources. Discusses international organizations, dispute settlement, International Law of Treaties, and the rights of individuals. In addition, the text addresses jurisdiction, U.S. foreign relations law, and immunities. Also features international legal research sources and methods.

Principles Of International Criminal Law

Author: Gerhard Werle
Publisher: OUP Oxford
ISBN: 019100863X
Size: 23.68 MB
Format: PDF
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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.

Treatise On International Criminal Law

Author: Kai Ambos
Publisher: OUP Oxford
ISBN: 0191648868
Size: 28.16 MB
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Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume Treatise on International Criminal Law presents a foundational, systematic, consistent and comprehensive analysis of international criminal law. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This first volume addresses the foundations of international criminal law and the emerging general principles. It examines the history of the discipline and the concepts behind it. Looking at the sources of international criminal law, the book then moves to investigate the general structure of crime in international criminal law, and to address in detail the role played by the concept of individual criminal responsibility. The subjective requirements of criminal responsibility are examined, and also those defences that exclude such responsibility. The full three-volume treatise will address the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It will be essential reading for practitioners, scholars, and students of international criminal law alike.

The Oxford Companion To International Criminal Justice

Author:
Publisher: OUP Oxford
ISBN: 0191553441
Size: 19.63 MB
Format: PDF
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The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.

International Criminal Justice In Bello

Author: Philipp Kastner
Publisher: Martinus Nijhoff Publishers
ISBN: 900419312X
Size: 65.20 MB
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By analysing the involvement of the International Criminal Court in northern Uganda and Darfur, this book argues that the primary mandate of the ICC seems to have unduly shifted from fighting impunity to influencing politics in the context of ongoing armed conflicts.

Military Law In A Nutshell

Author: Charles A. Shanor
Publisher:
ISBN:
Size: 22.29 MB
Format: PDF
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Constitution and National Security; Congress; President; War Powers Resolution; Courts; Use of Force Abroad; Internal Disorders; Entry into Military; Enlistment; Officer Appointments; Reservists; Constitutional and Other Rights; Due Process; Equal Protection; First Amendment Rights: Religion, Speech, Political Participation, Symbolic Expression, Publications, Assembly, Petitions, Association; Other Rights: Voting; Residency and Tax Situs; Soldiers' and Sailors' Civil Relief Act; Reemployment; Veterans' Preferences; Military Criminal Justice System; Administrative Correction; Nonjudicial Punishment (Article 15); Courts-Martial; Jurisdiction; Military Criminal Process Through Trial; Appellate Review; Military Crimes; Defenses and Punishments; Constitutional Safeguards: Search and Seizure, Self-Incrimination, Right to Counsel; Law of Armed Conflict; Treaties; Customary Law; Violations; Discharge and Administrative Separation; Enlisted Discharges; Officer Dismissals; Administrative Review; Compensation; Tort Claims; Administrative Claims Remedies; Veterans' Benefits.