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Author | : W. N. Ferdinandusse |
Publisher | : T.M.C. Asser Press |
Total Pages | : 338 |
Release | : 2006-03-02 |
Genre | : Law |
ISBN | : 9789067042079 |
Download Direct Application of International Criminal Law in National Courts Book in PDF, ePub and Kindle
When national courts judge international crimes like genocide, crimes against humanity and war crimes, they can draw on both national and international criminal law. The relationship between these two bodies of law is not always clear. Can national courts base prosecutions of international crimes directly on international criminal law? In a world where national laws often proscribe international crimes in an incomplete or deficient manner, this question has considerable practical relevance for the enforcement of international criminal law. Yet, it has received little attention in doctrine while practice shows widely divergent approaches of national courts to the feasibility of direct application. The author examines the concept of the direct application of international criminal law in national courts. He provides a rich description of the relevant practice in many different States ranging from Argentina to Senegal. Easily accessible, this book is a valuable tool for academics and practitioners alike.
Author | : W. N. Ferdinandusse |
Publisher | : T.M.C. Asser Press |
Total Pages | : 0 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9789067047074 |
Download Direct Application of International Criminal Law in National Courts Book in PDF, ePub and Kindle
Author | : W. N. Ferdinandusse |
Publisher | : T.M.C. Asser Press |
Total Pages | : 338 |
Release | : 2011-08-27 |
Genre | : Law |
ISBN | : 9789067047081 |
Download Direct Application of International Criminal Law in National Courts Book in PDF, ePub and Kindle
Author | : André Nollkaemper |
Publisher | : Oxford University Press |
Total Pages | : 384 |
Release | : 2012 |
Genre | : Law |
ISBN | : 0191652822 |
Download National Courts and the International Rule of Law Book in PDF, ePub and Kindle
This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.
Author | : Andre Nollkaemper |
Publisher | : Oxford University Press, USA |
Total Pages | : 769 |
Release | : 2019-01-28 |
Genre | : Law |
ISBN | : 0198739745 |
Download International Law in Domestic Courts Book in PDF, ePub and Kindle
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author | : Gabrielle Kirk McDonald |
Publisher | : BRILL |
Total Pages | : 2506 |
Release | : 2000-03-01 |
Genre | : Law |
ISBN | : 9789041111340 |
Download Substantive and Procedural Aspects of International Criminal Law Book in PDF, ePub and Kindle
This unique two-volume work seeks for the first time to address in a comprehensive fashion both "substantive" and "procedural" aspects of international criminal law as applied by international and national courts. Substantive topics include individual criminal responsibility, genocide, war crimes, crimes against humanity, crimes against UN and associated personnel, core crimes and defenses, while procedural aspects include the right of suspects and accused, the protection of victims and witnesses, and pre-trial, trial and appeal procedures and practices. In addressing these subjects the work focuses on the practical application of the relevant norms and provides both detailed commentaries by experts in the field "(Commentary volume)," as well as the underlying documentation for each of the topics addressed "(Documents and Cases volume)," With the establishment of the International Criminal Court, the experiences of other international courts, notably the ad hoc tribunals for the former Yugoslavia and Rwanda as well as their predecessors, in addressing these issues are of great value and this work is intended to assist practitioners and scholars alike. Additionally, because national courts still have a vital role to play in the application of these norms, attention is given to prosecutions in national jurisdictions. With this work the editors seek both to assist the reader in understanding these important concepts as well as to provide the background documentation such that the reader can conduct his or her own research and come to his or her own conclusions.
Author | : Gabrielle Kirk MacDonald |
Publisher | : BRILL |
Total Pages | : 730 |
Release | : 2000-03 |
Genre | : Law |
ISBN | : 9789041111333 |
Download Substantive and procedural aspects of international criminal law. 1. Commentary Book in PDF, ePub and Kindle
Vol. II, Part 1.
Author | : Gabrielle Kirk McDonald |
Publisher | : BRILL |
Total Pages | : 721 |
Release | : 2023-05-30 |
Genre | : Law |
ISBN | : 9004531416 |
Download Substantive and Procedural Aspects of International Criminal Law Book in PDF, ePub and Kindle
The first volume of this unique two-volume work seeks for the first time to address in a comprehensive fashion both substantive and procedural aspects of international criminal law as applied by international and national courts. Substantive topics include individual criminal responsibility, genocide, war crimes, crimes against humanity, crimes against UN and associated personnel, core crimes and defenses, while procedural aspects include the right of suspects and accused, the protection of victims and witnesses, and pre-trial, trial and appeal procedures and practices. In addressing these subjects the work focuses on the practical application of the relevant norms and provides both detailed commentaries by experts in the field (Commentary volume), as well as the underlying documentation for each of the topics addressed (Documents and Cases volume). With the establishment of the International Criminal Court, the experiences of other international courts, notably the ad hoc tribunals for the former Yugoslavia and Rwanda as well as their predecessors, in addressing these issues are of great value and this work is intended to assist practitioners and scholars alike. Additionally, because national courts still have a vital role to play in the application of these norms, attention is given to prosecutions in national jurisdictions. With this work the editors seek both to assist the reader in understanding these important concepts as well as to provide the background documentation such that the reader can conduct his or her own research and come to his or her own conclusions. The print edition is available as a set of two volumes (9789041111357).
Author | : Mohamed M. El Zeidy |
Publisher | : BRILL |
Total Pages | : 401 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9004166939 |
Download The Principle of Complementarity in International Criminal Law Book in PDF, ePub and Kindle
Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.
Author | : Federica Gioia |
Publisher | : Routledge |
Total Pages | : 316 |
Release | : 2016-12-05 |
Genre | : Law |
ISBN | : 1351887564 |
Download The International Criminal Court and National Jurisdictions Book in PDF, ePub and Kindle
At a stage in its development when the workings of the International Criminal Court may be assessed, this timely volume provides valuable insights into its activities and, in particular, its interaction with national jurisdictions and international organizations. The contributors discuss a broad range of topics and present a 'first assessment' of complementarity. They address the issues at the heart of the substantive and procedural law of the Court and examine aspects relating to national implementation and international cooperation. These proceedings are the latest addition to the Trento Conference series, bringing together a wide range of leading scholars, diplomats and representatives of international organizations. As such, they provide an important contribution to the ongoing debate surrounding International Criminal Law and the International Criminal Court in particular. This thought-provoking study will be of value to researchers and policy makers alike.