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| Author | : Annika Jones |
| Publisher | : Torkel Opsahl Academic EPublisher |
| Total Pages | : 4 |
| Release | : 2010-11-09 |
| Genre | : Law |
| ISBN | : 8293081422 |
| Author | : Morten Bergsmo |
| Publisher | : Torkel Opsahl Academic EPublisher |
| Total Pages | : 4 |
| Release | : 2013-07-17 |
| Genre | : Law |
| ISBN | : 8293081740 |
| Author | : Morten Bergsmo |
| Publisher | : |
| Total Pages | : 478 |
| Release | : 2015-05-11 |
| Genre | : Law |
| ISBN | : 9788293081616 |
Is it in the enlightened self-interest of armed forces to have perpetrators of core international crimes brought to justice? This anthology adds the 'carrot' perspective of self-interest or incentives to the common rhetoric of 'stick' legal obligations and political pressures. Twenty authors from around the world discuss why military actors themselves often prefer accountability: Richard Saller, Andrew T. Cayley, William K. Lietzau, William J. Fenrick, Arne Willy Dahl, Richard J. Goldstone, Elizabeth L. Hillman, Bruce Houlder, Agus Widjojo, Marlene Mazel, Adel Maged, Kiki A. Japutra, Christopher Mahony, Christopher Jenks, Franklin D. Rosenblatt, Roberta Arnold, Roisin Burke, Elizabeth Santalla Vargas, Morten Bergsmo and SONG Tianying. The self-interests presented in this book are multi-dimensional: from internal professionalisation to external legitimacy; from institutional reputation to individual honour; from operational effectiveness to strategic stakes; from historical lessons to contemporary needs; from religious beliefs to aspirations for rule of law; from minimizing civilian interference to pre-empting international scrutiny. The case is made for long-term self-interest in accountability and increased military 'ownership' in repressing core international crimes. In his foreword, William K. Lietzau observes that of "all the international community's well-intended endeavours to foster accountability and end impunity, none is more important than that addressed in this book.""
| Author | : Judge Advocate Judge Advocate Generals School |
| Publisher | : CreateSpace |
| Total Pages | : 76 |
| Release | : 2015-04-29 |
| Genre | : |
| ISBN | : 9781511952293 |
This book examines the current state of military and federal extraterritorial jurisdiction over offenses committed in foreign countries by civilians accompanying the armed forces and by former servicemen. The Criminal Justice Reform Act of 1975 provides a solution to the presently existing jurisdictional void in this area by creating extraterritorial federal jurisdiction over citizens not subject to the Uniform Code of Military Justice. Military and federal jurisdiction under the Act are compared and contrasted with a view toward delineating the areas of exclusive and concurrent jurisdiction. Changes in the extraterritorial provisions of the Act are recommended to insure that jurisdiction over offenses by former servicemen is obtained. The thesis concludes by recommending policies and procedures for determining whether the military or civilian authorities should prosecute civilians in time of declared war. Additionally, prosecution of civilians and former servicemen for war crimes in the federal courts or by military commission is advocated.
| Author | : Morten Bergsmo |
| Publisher | : Torkel Opsahl Academic EPublisher |
| Total Pages | : 314 |
| Release | : 2010-08-01 |
| Genre | : Law |
| ISBN | : 8293081147 |
This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.
| Author | : |
| Publisher | : |
| Total Pages | : 364 |
| Release | : 2000 |
| Genre | : International criminal courts |
| ISBN | : |
| Author | : |
| Publisher | : |
| Total Pages | : 524 |
| Release | : 2003-03-27 |
| Genre | : Law |
| ISBN | : 9780521818520 |
This commentary provides a critical insight into the negotiating history that led to the adoption of the elements of war crimes. It also presents existing jurisprudence, which is relevant for the interpretation of the war crimes in the ICC Statute.The aim is to serve as a tool in the implementation of international humanitarian law in future cases dealing with war crimes and offer practitioners (judges, prosecutors and lawyers) and academics important background information on the substance of the crimes.
| Author | : Nina H. B. Jørgensen |
| Publisher | : Cambridge University Press |
| Total Pages | : 571 |
| Release | : 2020-09-17 |
| Genre | : Law |
| ISBN | : 1108651208 |
This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.
| Author | : Paul Behrens |
| Publisher | : Routledge |
| Total Pages | : 310 |
| Release | : 2013-05-07 |
| Genre | : Law |
| ISBN | : 1136168559 |
Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.
| Author | : Alison Duxbury |
| Publisher | : Cambridge University Press |
| Total Pages | : 447 |
| Release | : 2016-08-04 |
| Genre | : History |
| ISBN | : 1107042372 |
Military justice is changing rapidly due to both domestic and international influences. This book explains what is happening and why.
