Responsibility For Negation Of International Crimes PDF Download
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Author | : Patrycja Grzebyk |
Publisher | : Wydawnictwo Instytutu Wymiaru Sprawiedliwości |
Total Pages | : 322 |
Release | : |
Genre | : Political Science |
ISBN | : |
Download Responsibility for negation of international crimes Book in PDF, ePub and Kindle
History is no longer the exclusive domain of historians, but is now often used as a tool for politics. It is not without reason that the term “state historical policy” has been coined, which must be a kind of aberration for those who believed that the role of history is to objectively determine the course of events. The fact is, however, that the distortion of historical facts, the concealment of crimes is now part of the “information war”. Therefore, new acts of public international law, EU law and national law are introduced in order to combat public condonation, denial or gross trivialisation of the core international crimes which are certain forms and expressions of racism and xenophobia. States have to determine for themselves how they understand “denial” or “gross trivialization”, which may lead to abuse. In many cases, when introducing criminal law provisions, States wish to decree historical truth, to establish once and for all the general facts and determine who was the victim, and who was the perpetrator. This does not have to be the result of bad will, but of a desire to exclude the possibility of nuance, which could turn into dangerous trivialisation. The aim of this publication is to specify the reasons for holding accountable for denial of international crimes, indicate legal obligations in this respect, look at the Polish case, both in terms of criminal provisions (partly repealed) and standards of a civil law nature, and compare the Polish regulation with the legal systems of other states, which were chosen because of the region (Central and Eastern Europe) or due to having current problems with denial of crimes or doubts about prosecution on this account.
Author | : Béatrice I. Bonafè |
Publisher | : BRILL |
Total Pages | : 297 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9004173315 |
Download The Relationship Between State and Individual Responsibility for International Crimes Book in PDF, ePub and Kindle
This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
Author | : Ciara Damgaard |
Publisher | : Springer Science & Business Media |
Total Pages | : 461 |
Release | : 2008-08-02 |
Genre | : Law |
ISBN | : 354078781X |
Download Individual Criminal Responsibility for Core International Crimes Book in PDF, ePub and Kindle
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 | : Annemieke van Verseveld |
Publisher | : Springer Science & Business Media |
Total Pages | : 191 |
Release | : 2012-08-28 |
Genre | : Law |
ISBN | : 9067048674 |
Download Mistake of Law Book in PDF, ePub and Kindle
When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.
Author | : Nina H. B. Jørgensen |
Publisher | : |
Total Pages | : 368 |
Release | : 2000 |
Genre | : Law |
ISBN | : |
Download The Responsibility of States for International Crimes Book in PDF, ePub and Kindle
This book focuses on the concept of state responsibility for international crimes, which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. Jorgensen considers the history and merits of a concept that, it is argued, is currently on the threshold between lex ferenda and lex lata.
Author | : Marina Aksenova |
Publisher | : Torkel Opsahl Academic EPublisher |
Total Pages | : 4 |
Release | : 2014-05-29 |
Genre | : Law |
ISBN | : 8293081880 |
Download Returning to Complicity for Core International Crimes Book in PDF, ePub and Kindle
Author | : Gideon Boas |
Publisher | : Cambridge University Press |
Total Pages | : 463 |
Release | : 2007 |
Genre | : Crimes against humanity |
ISBN | : 0521878314 |
Download Forms of Responsibility in International Criminal Law Book in PDF, ePub and Kindle
Publisher Description
Author | : Héctor Olásolo |
Publisher | : Bloomsbury Publishing |
Total Pages | : 400 |
Release | : 2009-05-15 |
Genre | : Law |
ISBN | : 1847315089 |
Download The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes Book in PDF, ePub and Kindle
As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.
Author | : Madeleine Sann |
Publisher | : Routledge |
Total Pages | : 502 |
Release | : 2018-04-27 |
Genre | : Law |
ISBN | : 1351303104 |
Download The Prosecution of International Crimes Book in PDF, ePub and Kindle
The post-World War Two period has witnessed numerous armed conflicts characterized by extensive violations of relevant obligatory international norms. Responding to these events, the United Nations General Assembly created a permanent international court in 2003, with jurisdiction over selected international crimes. The International Tribunal for the Former Yugoslavia was a precursor to this permanent court. It was established for the purpose of "prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia." As a precedent for what we may expect in the future, it deserves special attention from a historical, political, and especially an international law point of view.The Prosecution of International Crimes comprehensively examines the creation, mandate, and challenges of the International Tribunal for the Former Yugoslavia. Derived from a special issue of Criminal Law Forum: An International Journal, a peer-review journal dedicated to the advancement of criminal law theory, practice, and reform throughout the world, it is now available in paperback.
Author | : Joseph H. Weiler |
Publisher | : Walter de Gruyter |
Total Pages | : 381 |
Release | : 2011-11-21 |
Genre | : Law |
ISBN | : 3110901609 |
Download International Crimes of State Book in PDF, ePub and Kindle