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Future Perspectives on International Criminal Justice

Future Perspectives on International Criminal Justice
Author: Carsten Stahn
Publisher: T.M.C. Asser Press
Total Pages: 0
Release: 2010
Genre: Law
ISBN: 9789067044950

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International criminal law is shaped by the influence of individual scholars and the impact of specific rulings and legal frameworks. This volume provides a fresh perspective on the table of contents of international criminal law. It revisits the sources, treatment and reception of doctrine and jurisprudence from an inter-generational perspective. It analyses the role of scholars and practitioners (e.g, Arendt,Damaška, Cassese) on the conceptualisation of law and jurisprudence. Then, it assesses the goals and scope of international criminal law, including contemporary developments relating to the interplay between international and domestic jurisdiction (e.g., verticality, complementarity, gravity), the role of actors (e.g., state crime, corporations, private military companies) and crime definitions (aggression, child recruitment). This is followed by a review of key concepts of individual responsibility (e.g, joint criminal enterprise, co-perpetration, conspiracy) and procedural law (e.g., role of witnesses and victims, arrest). Geared to academics, practitioners and NGOs


Futures of International Criminal Justice

Futures of International Criminal Justice
Author: Emma Palmer
Publisher: Routledge
Total Pages: 333
Release: 2021-12-22
Genre: Law
ISBN: 100052082X

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This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.


Future Perspectives on International Criminal Justice

Future Perspectives on International Criminal Justice
Author: Carsten Stahn
Publisher: T.M.C. Asser Press
Total Pages: 0
Release: 2010-01-07
Genre: Law
ISBN: 9789067043090

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International criminal law is shaped by the influence of individual scholars and the impact of specific rulings and legal frameworks. This volume provides a fresh perspective on the subject, revisiting the sources, treatment and reception of doctrine and jurisprudence from an inter-generational perspective. Analysis of the role of scholars and practitioners such as Arendt, Damaška and Cassese on the conceptualisation of law and jurisprudence is followed by an assessment of the goals and scope of international criminal law, including contemporary developments relating to the interplay between international and domestic jurisdiction, the role of actors and crime definitions. Finally, the volume includes a review of key concepts of individual responsibility and procedural law.


Sentencing in International Criminal Law

Sentencing in International Criminal Law
Author: Silvia D'Ascoli
Publisher: Bloomsbury Publishing
Total Pages: 468
Release: 2011-04-01
Genre: Law
ISBN: 1847316441

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This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.


International Practices of Criminal Justice

International Practices of Criminal Justice
Author: Mikkel Jarle Christensen
Publisher: Routledge
Total Pages: 482
Release: 2017-11-06
Genre: Law
ISBN: 1351384627

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International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.


From Nuremberg to the Hague

From Nuremberg to the Hague
Author: Philippe Sands
Publisher:
Total Pages: 192
Release: 2003
Genre: International crimes
ISBN: 9786610421671

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This collection of essays is based on five lectures organized jointly by Matrix Chambers of human rights lawyers and the Wiener Library between April and June 2002. Presented by leading experts in the field, this fascinating collection of papers examines the evolution of international criminal justice from its post World War II origins at Nuremberg through to the concrete proliferation of courts and tribunals with international criminal law jurisdictions based at The Hague today. Original and provocative, the lectures provide various stimulating perspectives on the subject of international criminal law. Topics include its corporate and historical dimension as well as a discussion of the International Criminal Court Statute and the role of the national courts. The volume offers a challenging insight into the future of international criminal legal system. This is an intelligent and thought-provoking book, accessible to anyone interested in international criminal law, from specialists to non-specialists alike.


Bringing Power to Justice?

Bringing Power to Justice?
Author: Joanna Harrington
Publisher: McGill-Queen's Press - MQUP
Total Pages: 270
Release: 2006
Genre: Law
ISBN: 0773575847

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Annotation The world's first permanent international criminal tribunal for the prosecution and punishment of the world's most serious crimes was created in 2002. In Bringing Power to Justice? legal scholars, political scientists, and political philosophers respond to fundamental questions about the future of this court and international criminal justice. For instance, will the ICC be undermined by political constraints, given the opposition of major powers, including the United States? What are the implications of holding heads of state responsible for international crimes? Are trials the best response to state crime or would other devices (such as truth commissions) be more suitable? Is retributive justice an appropriate response? The contributors offer indispensable and thoughtful assessment of the future of international criminal justice.


The Ashgate Research Companion to International Criminal Law

The Ashgate Research Companion to International Criminal Law
Author: Yvonne McDermott
Publisher: Routledge
Total Pages: 600
Release: 2016-03-23
Genre: Law
ISBN: 1317043154

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International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.


The Role of the Defence in International Criminal Justice

The Role of the Defence in International Criminal Justice
Author: Colleen Rohan
Publisher: Cambridge University Press
Total Pages: 629
Release: 2017-04-27
Genre: Law
ISBN: 1107086671

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In this book, leading international practitioners and scholars offer a unique defence perspective on the proper administration of international criminal justice


Sentencing in International Criminal Law

Sentencing in International Criminal Law
Author: Silvia D'Ascoli
Publisher: Bloomsbury Publishing
Total Pages: 468
Release: 2011-04-01
Genre: Law
ISBN: 1847316441

Download Sentencing in International Criminal Law Book in PDF, ePub and Kindle

This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.