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| Author | : Morten Bergsmo |
| Publisher | : Torkel Opsahl Academic EPublisher |
| Total Pages | : 76 |
| Release | : 2010-04-19 |
| Genre | : Law |
| ISBN | : 8293081015 |
| Author | : Morten Bergsmo |
| Publisher | : Torkel Opsahl Academic Epublisher |
| Total Pages | : 0 |
| Release | : 2010 |
| Genre | : Crimes against humanity |
| ISBN | : 9788293081005 |
States are obliged under treaties such as the Genocide Convention, the Geneva Conventions and the Torture Convention to enact legislation that gives effect in national criminal law to prohibitons in the treaties. The law and practice of international criminal jurisdictions provide that it is significant whether national prosecutions for conduct amounting to genocide, crimes against humanity and war crimes can use the characterization of international crimes and not just ordinary crimes (such as murder). Several states have already imported these international crimes into national criminal law - for example, Canada and Germany. This publication is based on presentations made at a seminar organized by the Forum for International Criminal and Humanitarian Law (FICHL) on 27 October 2006 focused on particular challenges in the process to import such crimes into national law.
| Author | : Ciara Damgaard |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 461 |
| Release | : 2008-08-02 |
| Genre | : Law |
| ISBN | : 354078781X |
1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.
| Author | : Harmen van der Wilt |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 336 |
| Release | : 2017-11-24 |
| Genre | : |
| ISBN | : 1786433990 |
This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?
| Author | : Marina Aksenova |
| Publisher | : Torkel Opsahl Academic EPublisher |
| Total Pages | : 4 |
| Release | : 2014-05-29 |
| Genre | : Law |
| ISBN | : 8293081880 |
| Author | : Christopher Soler |
| Publisher | : Springer Nature |
| Total Pages | : 695 |
| Release | : 2019-09-18 |
| Genre | : Law |
| ISBN | : 9462653356 |
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
| Author | : Morten Bergsmo |
| Publisher | : Torkel Opsahl Academic EPublisher |
| Total Pages | : 313 |
| Release | : 2012-11-19 |
| Genre | : Law |
| ISBN | : 8293081600 |
It is often only years after the commission of core international crimes that prosecutions and investigations take place. This anthology addresses challenges associated with such delayed justice: the location, treatment, and assessment of old evidence. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work. Among the contributors are Shafique Ahmed, Andrew Cayley, David Cohen, Seena Fazel, Siri S. Frigaard, M. Amir-Ul Islam, Md. Shahinur Islam, Agnieszka Klonowiecka-Milart, Alphons M.M. Orie, Stephen J. Rapp, Patrick J. Treanor, Otto Triffterer and Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence.
| Author | : Guénaël Mettraux |
| Publisher | : Oxford University Press |
| Total Pages | : 512 |
| Release | : 2019-06-18 |
| Genre | : Law |
| ISBN | : 0192581074 |
Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This first volume discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. While the book is an invaluable tool for academics and researchers, it is particularly suited to legal practitioners, guiding the reader through the practical and evidential challenges associated with the prosecution of international crimes.
| Author | : Craig Barker |
| Publisher | : Routledge |
| Total Pages | : 566 |
| Release | : 2013-10-18 |
| Genre | : Law |
| ISBN | : 1135327416 |
Attempts to try individuals such as Slobodan Milosevic and Saddam Hussein for international crimes and the creation of the International Criminal Court highlight the growing currency and importance of international criminal law as a discipline in its own right. Contemporary importance and academic interest in the subject is rapidly eclipsing that in the more mainstream discipline of human rights. For practitioners, scholars and students of international criminal law (ICL), this unique collection provides access to the core international instruments in one convenient volume. Containing seventy-nine principal documents on ICL dating from 1919 to 2005, this user-friendly book organizes the documents around generally recognised categories of international crimes, such as war crimes, crimes against humanity and terrorism. It also includes constitutive instruments of the most important international, domestic and hybrid tribunals, including the Statute of the International Criminal Court, its rules of procedure and elements of crimes. Principal international and regional instruments which deal with the facilitation of a truly international system of criminal justice, in the form of extradition and mutual assistance are also included. Each document has been carefully edited to present information that is directly relevant to international criminal law while all extraneous material has been excluded. Most importantly, each extract has its own introduction which provides the reader with official citations, parties, date of entry into force, an outline of the legislative history, links to related documents and a brief commentary analyzing and contextualizing the principal provisions.
| Author | : Florian Jeßberger |
| Publisher | : Taylor & Francis |
| Total Pages | : 285 |
| Release | : 2023-06-01 |
| Genre | : Law |
| ISBN | : 1000886433 |
This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the "Völkerstrafgesetzbuch", 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice. Following the adoption of the ICC Statute, many States, including Germany with the "Völkerstrafgesetzbuch", introduced specific legislation to incorporate international criminal law into their domestic legal systems and a considerable number of them have been investigating and prosecuting war crimes, crimes against humanity, genocide, and even aggression ever since. Twenty-five years later, however, the process is not completed as other countries, like Italy, are still working on adopting provisions on international crimes. This book opens with a broad overview of the different approaches of the domestication of international criminal law, with a specific focus on the German and the Italian systems. After an assessment of the prerequisites for the domestic implementation of international criminal law, also from a constitutional law perspective, each chapter offers an in-depth analysis of a specific issue, such as: the definition of international crimes (genocide and crimes against humanity, war crimes and aggression); the applicability of and exceptions to the general principles of domestic criminal law; the regulation of individual criminal responsibility; sanctions and sentencing; as well as procedural aspects related to immunities, jurisdiction and prosecutorial discretion. The strong academic perspective of many authors is complemented by an equally strong practitioner perspective of the others, provided by legal scholars in the highest positions in international and national judicial institutions, resulting in a well-informed and critical appraisal of the most recent developments overall in the international criminal justice system. Domesticating International Criminal Law will be of great interest to legal scholars and students, as well as practitioners with an interest in comparative and international law, international criminal law and international relations.
