Author: Antonio Cassese
Publisher: Oxford University Press
Release Date: 2011-02-24
Genre: Language Arts & Disciplines
International Criminal Law: Cases and Commentary presents a comprehensive, pragmatic explanation of the development of substantive international criminal law through key illustrative cases from domestic and international jurisdictions. Presents concise and stimulating commentaries by the leading academics in the field.
Author: William A. Schabas
Publisher: Oxford University Press
Release Date: 2017-01-19
Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
Author: Mark W. Janis
Publisher: Wolters Kluwer Law and Business
Release Date: 2012
International Law is a concise paperback that is an ideal student companion guide to any law school casebook on international law. Clearly written and thoughtfully organized around three key concepts, this text orients students in the basics of international law while providing broad coverage of contemporary public policy issues shaping international relations. The Sixth Edition emphasizes the changes between the Bush and Obama administrations' approaches to international relations and the effects they are having on international law. New Supreme Court cases, including Medellin v. Texas, are given thorough treatment, as are updates in the evolving fields of international human rights law and international environmental law. In addition, new material covering the increasing workloads of many international courts is presented. Hallmark features: Clear and highly readable writing style makes this companion text a student favorite. Logically organized around three broad questions: What are the international legal rules? What is the international legal process? What role does international law play in international relations ? Broad coverage of public international issues, with some discussion of commercial topics. Comprehensive and flexible approach makes this an ideal companion to any international law casebook. Appropriate for undergraduate and graduate courses on International Law and International Relations. Comprehensive Appendix doubles as valuable reference source. Moderate use of footnotes keeps focus on broad concepts. The revised Sixth Edition includes new and updated material on: The changes between the Obama and Bush administrations' approach to international law and international relations. New Supreme Court cases, with discussions and analyses, on international and foreign law, including Medellin v. Texas . The evolving fields of international human rights law and international environmental law. The increasing workload of the many international courts, including the International Court of Justice, the European Court of Human Rights, and the International Criminal Court.
Author: Göran Sluiter
Publisher: Oxford University Press
Release Date: 2013-03-21
This major reference work identifies and crystallizes the common rules and principles underlying international criminal procedure, as developed by international courts and tribunals since the Second World War. It covers the whole of the international criminal process, from initial investigations to the role of victims and the final appeal.
Author: Knut Dörmann
Publisher: Cambridge University Press
Release Date: 2003-03-27
The Elements of War Crimes will assist the International Criminal Court (ICC) in the interpretation and application of the articles of the ICC Statute defining the crimes under its jurisdiction. These will not only be necessary for the future work of the ICC in interpreting the crimes provisions, but also for national courts, which have primary responsibility in the prosecution of international crimes under the Rome Statute. This commentary provides a critical insight into the travaux préparatoires of the Preparatory Commission leading to the adoption of the elements of war crimes. It contains an analysis of existing case law related to each war crime in the Statute. It will provide States, judges, prosecutors and international and national lawyers with key background information to implement international humanitarian law in future cases dealing with war crimes under the ICC. A unique, indispensable tool for prosecuting and defense lawyers working in international criminal law.
Author: Michael Bohlander
Publisher: Martinus Nijhoff Publishers
Release Date: 2006-03-21
This collection of cases and materials attempts for the first time to provide a compendium of the most important legal texts, relevant documents and cases, as well as explanatory commentary on the law of defence in international criminal proceedings by scholars and practitioners who have a wealth of relevant experience in the field. The book provides students in law school courses on international human rights law and ICL with the essential materials to understand the vital importance of an adequate defence in international criminal proceedings. Further, the text gives legal practitioners who may consider extending their field of practice to the international level a look at the diversity of the tasks they will encounter and prepare them for the legal culture shock inevitable at the international tribunals and courts.
Author: Elies van Sliedregt
Publisher: OUP Oxford
Release Date: 2014-10-02
Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
Author: Antonio Cassese
Release Date: 2002
Genre: Droit international pénal
The International Criminal Court (ICC) officially came into existence in July 2002 following the 60th ratification of the Rome Statute, heralding a new era for the effective prosecution and punishment of serious violations of international humanitarian law - genocide, war crimes and crimes against humanity. This two volume Commentary takes a thematic look at the whole of international criminal law, appraising the contributions of international tribunals such as the Nuremberg and TokyoTribunals and the ad hoc Tribunals for Yugoslavia and Rwanda, as well as those of national courts. It re-examines the case law developed by these courts and tribunals, establishes to what extent the Rome Statute codifies this body of law or instead departs from it, and makes a critical assessment of the Statute as a viable working tool for international criminal justice. A third volume contains the texts of the Statute, the Rules of Procedure and Evidence and Elements of Crimes. Writtenby an outstanding international team of experts under the general editorship of Antonio Cassese, Paola Gaeta, and John R.W.D. Jones, this timely companion to the burgeoning field of international criminal law will be of interest to international legal scholars, practitioners and judges, and to all those who are interested in the administration of international justice and the workings of international institutions. Antonio Cassese is the Editor of the Journal of International Criminal Justice. To read sample articles from the journal visit: www.jicj.oupjournals.org
The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.
The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.