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International Criminal Law In Context

Author: Philipp Kastner
Publisher: Routledge
ISBN: 1317198999
Size: 69.84 MB
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International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

International Criminal Law

Author: Douglas Guilfoyle
Publisher: Oxford University Press
ISBN: 0198728964
Size: 74.41 MB
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This unique textbook provides an accessible introduction to a fascinating subject area. Written with student needs at its heart, innovative features such as 'Counterpoint' and 'Pause for reflection' boxes highlight current debates and areas worthy of more detailed analysis, providing students with the tools they need to develop their knowledge and start thinking critically about the law. Learning outcomes open each chapter, and are complemented by closing summaries to further support student understanding. Structured in four parts, the book first sets out the key international law principles which assume special significance in relation to international criminal law before going on to consider international criminal tribunals, the prosecution of international crimes, and the 'core' international crimes which have been prosecuted to date. Finally, consideration is given to issues such as legal defences and immunities under international law. Written by an outstanding scholar and teacher, this user-friendly text offers a unique approach to the subject area, making it the ideal choice for those new to the subject area. Online Resource Centre This book is accompanied by a free Online Resource Centre hosting links to key international law documents, additional material on the victims of crime, and updates on important developments within the subject area.

The Diversification And Fragmentation Of International Criminal Law

Author: Larissa van den Herik
Publisher: Martinus Nijhoff Publishers
ISBN: 9004214593
Size: 66.64 MB
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This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

International Criminal Law

Author: Roger O'Keefe
Publisher: Oxford University Press, USA
ISBN: 0199689040
Size: 66.91 MB
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International criminal law has seen significant developments in recent years, as the jurisprudence of the International Criminal Court has expanded, alongside the practice of other international criminal tribunals. International criminal law is increasingly a concern of domestic courts as well, with international legal issues arising from domestic cases. This book presents a comprehensive overview of the field, assessing the subject in the context of wider public international law. In particular, this book complements discussion of the 'core crimes' of genocide, crimes against humanity, and war crimes, with a full treatment of wider issues that arise. These include the international rules governing national criminal jurisdiction; the crime of piracy; the raft of multilateral treaties defining and creating obligations in respect of international crimes, including terrorist crimes, and of the so-far unsuccessful attempts to conclude a comprehensive convention on terrorism; the prosecution and punishment of international crimes at the national level; and the activities of the United Nations Security Council in relation to international crimes.This book provides an in-depth study of the ways in which domestic courts prosecute international crimes. Its analysis encompasses the international rules on the permissible reach of national criminal jurisdiction; the substantive law of international crimes; the prosecution and punishment of international crimes, and the prosecution and punishment of municipal crimes by international criminal courts or by municipal courts with international elements; and the involvement of international organs, such as the United Nations Security Council, in the suppression of international and municipal criminal wrongdoing. The book also includes more formal conceptual analysis of the very notion of an 'international crime' and of an 'international criminal tribunal', as well as a detailed account of the rise of individual criminal responsibility under international law. The book is written in a direct, concise, and precise style, making it a perfect resource for ICL practitioners, as well as scholars and advanced students.

Principles Of Evidence In International Criminal Justice

Author: Karim A. A. Khan
Publisher: Oxford University Press, USA
ISBN: 0199588929
Size: 47.51 MB
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Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

Critical Approaches To International Criminal Law

Author: Christine Schwöbel
Publisher: Routledge
ISBN: 1317929217
Size: 67.37 MB
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Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of International Criminal Law. This area of law has recently experienced a significant surge in scholarship and public debate; individual criminal accountability is now firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Critical Approaches to International Criminal Law: An Introduction shifts the debate towards that which has so far been missing from the mainstream discussion: the possible injustices, exclusions, and biases of International Criminal Law. This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. It will be a valuable resource for scholars and students of international criminal law, international law, international legal theory, criminal law, and criminology.

Prosecuting International Crimes

Author: Robert Cryer
Publisher: Cambridge University Press
ISBN: 9781139443692
Size: 14.58 MB
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This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.

The International Criminal Court

Author: Andrew Novak
Publisher: Springer
ISBN: 3319158325
Size: 42.55 MB
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This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.

An Introduction To The International Criminal Court

Author: William A. Schabas
Publisher: Cambridge University Press
ISBN: 1139496603
Size: 21.37 MB
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The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.