Defenses In Contemporary International Criminal Law PDF Download
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| Author | : Geert-Jan G. J. Knoops |
| Publisher | : BRILL |
| Total Pages | : 373 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 1571051589 |
Download Defenses in Contemporary International Criminal Law Book in PDF, ePub and Kindle
The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.
| Author | : Geert-Jan Knoops |
| Publisher | : BRILL |
| Total Pages | : 335 |
| Release | : 2021-10-25 |
| Genre | : Law |
| ISBN | : 9004479627 |
Download Defences in Contemporary International Criminal Law Book in PDF, ePub and Kindle
In an area of law so thoroughly politicized, culturally freighted and passionately punitive, there is need for an extraordinary measure of protection for the accused if we are to pay more than lip service to justice. Defenses in Contemporary International Criminal Law ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court. Dr. Knoops' conceptual reach not only includes the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, immunity of States) but also presents a strong case for the incorporation of genetic and neurobiological data into the working assets of the international criminal defense attorney. Published under the Transnational Publishers imprint.
| Author | : Colleen Rohan |
| Publisher | : Cambridge University Press |
| Total Pages | : 629 |
| Release | : 2017-04-27 |
| Genre | : Law |
| ISBN | : 1108161642 |
Download Defense Perspectives on International Criminal Justice Book in PDF, ePub and Kindle
This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.
| Author | : Michael Bohlander |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 935 |
| Release | : 2006-03-21 |
| Genre | : Law |
| ISBN | : 157105331X |
Download Defense in International Criminal Proceedings Book in PDF, ePub and Kindle
This collection of cases and materials attempts for the first time to provide a compendium of the most important legal texts, relevant documents and cases, as well as explanatory commentary on the law of defence in international criminal proceedings by scholars and practitioners who have a wealth of relevant experience in the field. The book provides students in law school courses on international human rights law and ICL with the essential materials to understand the vital importance of an adequate defence in international criminal proceedings. Further, the text gives legal practitioners who may consider extending their field of practice to the international level a look at the diversity of the tasks they will encounter and prepare them for the legal culture shock inevitable at the international tribunals and courts.
| Author | : Jarinde Temminck Tuinstra |
| Publisher | : T.M.C. Asser Press |
| Total Pages | : 342 |
| Release | : 2011-08-27 |
| Genre | : Law |
| ISBN | : 9789067046442 |
Download Defence Counsel in International Criminal Law Book in PDF, ePub and Kindle
without payment when lacking f nancial means in the ICTY Statute, following the lead of the Nuremberg Statute. T e ‘Rules of Procedure and Evidence’ (RPE) of the ICTY and the International Criminal Tribunal for Rwanda (ICTR) that were adopted by the judges contained more detailed regulations on the defence. T ese provisions were soon extensively amended and extended, for instance, as a result of the experiences in the f rst ICTY case, Tadi?. T e current ICTY RPE require counsel to be a member of an ‘association of counsel practicing at the Tribunal recognized by the Registrar’. T ey also provide for an ‘Advisory Panel’, a ‘Directive on the Assignment of Defence Counsel adopted by the Registrar’ and a ‘Code of Professional Conduct for Defence Counsel appearing before the International Tribunal’. T e current generation of international criminal courts generally require defence counsel to meet particular qualif cation requirements. Before the ICTY and the ICTR, both defence attorneys qualif ed in domestic courts and lawyers who are university professors, whatever their f eld may be, are eligible to become defence counsel. On a national level however, even where highly complex and specialist f elds, like envir- mental criminal law, or tax law are concerned, no additional qualif cation requi- ments apply to defence counsel.
| Author | : Roberto Bellelli |
| Publisher | : Routledge |
| Total Pages | : 706 |
| Release | : 2016-04-22 |
| Genre | : Law |
| ISBN | : 1317114280 |
Download International Criminal Justice Book in PDF, ePub and Kindle
This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.
| Author | : William A. Schabas |
| Publisher | : Routledge |
| Total Pages | : 675 |
| Release | : 2010-11-08 |
| Genre | : Law |
| ISBN | : 1136866671 |
Download Routledge Handbook of International Criminal Law Book in PDF, ePub and Kindle
International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law. The book is split into four parts for ease of reference: The Historical and Institutional Framework – Sets international criminal law firmly in context with individual chapters on the important developments and key institutions which have been established. The Crimes – Identifies and analyses international crimes, including a chapter on aggression. The Practice of International Tribunals – Focuses on topics relating to the practice and procedure of international criminal law. Key Issues in International Criminal Law – Goes on to explore issues of importance such as universal jurisdiction, amnesties and international criminal law and human rights. Providing easy access to up-to-date and authoritative articles covering all key aspects of international criminal law, this book is an essential reference work for students, scholars and practitioners working in the field.
| Author | : Darryl Robinson |
| Publisher | : Oxford University Press |
| Total Pages | : 896 |
| Release | : 2020-02-24 |
| Genre | : Law |
| ISBN | : 0192558889 |
Download The Oxford Handbook of International Criminal Law Book in PDF, ePub and Kindle
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
| Author | : Juan Pablo Perez-Leon-Acevedo |
| Publisher | : Routledge |
| Total Pages | : 255 |
| Release | : 2020-04-29 |
| Genre | : Law |
| ISBN | : 100003724X |
Download Defendants and Victims in International Criminal Justice Book in PDF, ePub and Kindle
This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.
| Author | : Annemieke van Verseveld |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 191 |
| Release | : 2012-08-28 |
| Genre | : Law |
| ISBN | : 9067048674 |
Download Mistake of Law Book in PDF, ePub and Kindle
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.
