Dynamic Interpretation In International Criminal Law PDF Download
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| Author | : Alexander Grabert |
| Publisher | : Herbert Utz Verlag |
| Total Pages | : 244 |
| Release | : 2015-06-17 |
| Genre | : International crimes |
| ISBN | : 3831644705 |
Download Dynamic Interpretation in International Criminal Law Book in PDF, ePub and Kindle
The interpretive process in International Criminal Law (›ICL‹) is characterised by a conflict between the requirements for stability and change. On the one hand, ICL provides for the ›criminal‹ responsibility of individuals. Thus, there is an enhanced requirement for legal certainty: According to the principle of legality, the addressee of the law must be able to identify the prohibited conduct in advance in order to be able to avoid criminal sanctions. On the other hand, however, ICL forms part of ›international‹ law. Hence, it derives to some extent from international treaties. Whereas the forms of criminal conduct are continuously evolving, treaties are rather static instruments – they cannot be adapted to a changing environment within a short period of time. Thus, reality is developing at a pace that the law cannot always match. In consequence, there is a certain need to account for evolving circumstances within the framework of interpretation. The aim of this book is to review the consequences of this conflict for the interpretation of ICL. How can the conflicting requirements be brought into balance? Can substantive rules of ICL be interpreted in a ›dynamic‹ fashion to the detriment of the accused without violating the principle of legality? How do international criminal courts and tribunals deal with this issue?
| Author | : Michael Bohlander |
| Publisher | : Cameron May |
| Total Pages | : 506 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 1905017448 |
Download International Criminal Justice Book in PDF, ePub and Kindle
Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.
| Author | : Larissa van den Herik |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 735 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 9004214593 |
Download The Diversification and Fragmentation of International Criminal Law Book in PDF, ePub and Kindle
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’.
| Author | : Leena Grover |
| Publisher | : Cambridge University Press |
| Total Pages | : 475 |
| Release | : 2014-10-16 |
| Genre | : Law |
| ISBN | : 1107067723 |
Download Interpreting Crimes in the Rome Statute of the International Criminal Court Book in PDF, ePub and Kindle
This book offers the first detailed analysis of, and guide to, the interpretation of international crimes defined in the Rome Statute.
| Author | : Ciara Laverty |
| Publisher | : BRILL |
| Total Pages | : 412 |
| Release | : 2024-05-30 |
| Genre | : Law |
| ISBN | : 900468784X |
Download Meaning Making in International Criminal Law Book in PDF, ePub and Kindle
This book explores the normative dimensions of the acts that constitute international crimes. The book conceptualises the normative dimensions of these acts as processes of construction and meaning making. Developing a novel methodological approach, it identifies the narratives and discourses that emerge in practice as central for understanding the normative meanings of these acts. Using the crimes of attacks on cultural property, pillage, sexual violence and reproductive violence as case studies, the book offers a historical, conceptual, and discursive analysis of these crimes to develop a dynamic, pluralist and socially constructed account of wrong in international criminal law.
| Author | : Gerhard Werle |
| Publisher | : Oxford University Press |
| Total Pages | : 750 |
| Release | : 2020-10-09 |
| Genre | : Law |
| ISBN | : 0192561588 |
Download Principles of International Criminal Law Book in PDF, ePub and Kindle
Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail 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. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.
| Author | : Bartram S. Brown |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 535 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 9780857933225 |
Download Research Handbook on International Criminal Law Book in PDF, ePub and Kindle
'This timely, valuable and thought-provoking contribution to our understanding of the vibrant new subject that is international criminal law, is a great addition to the literature and to our understanding. Professor Bart Brown deserves real appreciation for bringing it together.' – Philippe Sands QC, University College London and Matrix Chambers, UK 'The Research Handbook is a comprehensive up-to-date guide to one of the youngest yet most dynamic areas of international law. It tackles the pertinent challenges and opportunities, starting with the classical issues like categories of international crimes and complementarity, going on to address the problems ahead including the Guantánamo regime, crimes against women and the status of private security contractors. The Handbook will be a valuable source for both general and advanced international criminal law research.' – James Crawford, Cambridge University, UK This carefully regarded and well-structured handbook covers the broad range of norms, practices, policies, processes and institutional mechanisms of international criminal law, exploring how they operate and continue to develop in a variety of contexts. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. The Research Handbook on International Criminal Law will appeal to practitioners who may want to defend, or prosecute, international criminal law cases, and academics researching and writing on international criminal law. Graduate students studying international criminal law, international human rights or international humanitarian law as well as those studying international justice, international politics, international organization or public policy analysis, will also find this book invaluable.
| Author | : Petra Viebig |
| Publisher | : Springer |
| Total Pages | : 294 |
| Release | : 2016-01-04 |
| Genre | : Law |
| ISBN | : 9462650934 |
Download Illicitly Obtained Evidence at the International Criminal Court Book in PDF, ePub and Kindle
This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.
| Author | : Farhad Malekian |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023-02-28 |
| Genre | : |
| ISBN | : |
Download Imperative Philosophy of International Criminal Justice: Visible Power, Invisible Essence Book in PDF, ePub and Kindle
This book delivers a central and dynamic interpretation of the imperative philosophy of international criminal justice and how it struggles to defend the body of international human rights law. Understanding the fundamental philosophies of both legal disciplines reassures the promotion of the virtue of their norms. This work examines these basic philosophies by analysing them through the lens of the new terms: visible power and invisible essence. The former term addresses jus major provisions, while the latter reveals the substantive essence of the existence of the ethical virtues of both legal disciplines as subjects of unity. The invisible reasoning contains genuine imperative moral law and attempts to strengthen its visible framework by preventing autocratic law. The invisible platform of the system of international criminal justice should always remain imperative and it should not be compromised through new, domineering interpretations. The ethics of the procedures of the system of international criminal courts should not rest on the interpretation of visible provisions promoted through authoritarian impulsive rules, rather they should be based on whether or not the invisible pure "jus imperative" legal justice has been given sufficient weight in the judgements of courts. The coherent scale of the invisible moral essence should not be shattered by incoherent visible morality. Reading about these novel values with the new terms: criminalvisibilism and criminalinvisibilism, as coined by the author, is a must.
| 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.
