Principles of International Criminal Law

Author: Gerhard Werle
Publisher: Oxford University Press (UK)
ISBN: 9780198703600
Release Date: 2014-08-14
Genre: Law

Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.

Principles of International Criminal Law

Author: Gerhard Werle
Publisher: OUP Oxford
ISBN: 9780191008634
Release Date: 2014-08-14
Genre: Law

Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.

Principles of Islamic International Criminal Law

Author: Farhad Malekian
Publisher: BRILL
ISBN: 9789004203969
Release Date: 2011-06-22
Genre: Law

The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

The Principle of Complementarity in International Criminal Law

Author: Mohamed M. El Zeidy
Publisher: BRILL
ISBN: 9789004166936
Release Date: 2008
Genre: Law

Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.

General Principles of Law in the Decisions of International Criminal Courts and Tribunals

Author: Fabián Raimondo
Publisher: BRILL
ISBN: 9789004170476
Release Date: 2008
Genre: Law

International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, "inter alia" because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged a ~subsidiarya (TM) nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.

Principles of Evidence in International Criminal Justice

Author: Karim A. A. Khan
Publisher: Oxford University Press, USA
ISBN: 9780199588923
Release Date: 2010-01-01
Genre: Evidence (Law)

Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

Sentencing in International Criminal Law

Author: Silvia D'Ascoli
Publisher: Bloomsbury Publishing
ISBN: 9781847318169
Release Date: 2011-04-01
Genre: Law

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.

An Introduction to International Criminal Law and Procedure

Author: Robert Cryer
Publisher: Cambridge University Press
ISBN: 9781139993340
Release Date: 2014-06-12
Genre: Law

By offering both a comprehensive update and new material reflecting the continuing development of the subject, this continues to be the leading textbook on international criminal law. Its experienced author team draws on its combined expertise as teachers, scholars and practitioners to offer an authoritative survey of the field. The third edition contains new material on the theory of international criminal law, the practice of international criminal tribunals, the developing case law on principles of liability and procedures and new practice on immunities. It offers valuable supporting online materials such as case studies, worked examples and study guides. Retaining its comprehensive coverage, clarity and critical analysis, it remains essential reading for all in the field.

International Criminal Procedure

Author: Göran Sluiter
Publisher: OUP Oxford
ISBN: 9780191632600
Release Date: 2013-03-21
Genre: Law

International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

International Criminal Law Cases and Commentary

Author: Antonio Cassese
Publisher: Oxford University Press
ISBN: 9780199576784
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.

International Criminal Justice

Author: Gideon Boas
Publisher: Edward Elgar Publishing
ISBN: 9781785360633
Release Date: 2017-04-28
Genre:

This book explores crucial themes in international criminal justice. It starts by answering the searching question: what is international criminal justice? The book then considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope, and the relationship of these themes with how we understand international criminal justice. While addressing some crucial legal questions, International Criminal Justice goes further, drawing on a range of multi-disciplinary thinking.

Murphy s Principles of International Law 2d Concise Hornbook Series

Author: Sean Murphy
Publisher: West Academic
ISBN: 9781628105087
Release Date: 2012-05-31
Genre: Law

Murphy’s Principles of International Law is designed to be either a stand-alone text or a complement to all the major casebooks on the topic. This fully updated second edition provides a comprehensive survey of public international law, with useful references throughout to current events, classic and contemporary cases, and scholarship. The text is divided into three sections, as follows: The first section of the book addresses the fundamental structure, actors, and history of international law The second section focuses on the interface of international law and national law The third section covers key subject matter areas: human rights, the law of the sea, international environmental law, international criminal law, and the use of force

Principles of International Law

Author: John Balouziyeh, Esq.
Publisher: Vandeplas Publishing
ISBN: 9781681090368
Release Date: 2016-06-17
Genre: Law

This book offers law students and practitioners alike a clear and concise overview of public international law. It introduces the reader to the sources and history of international law while examining the institutions that create, interpret, and enforce the law, with special attention given to the International Court of Justice and its jurisprudence. The main branches of international law, along with the major treaties and customs governing them, are explained. The chapters take the reader through a step-by-step exposition of the following topics: - States and governments in the international order - International humanitarian law (the law of armed conflict) - International criminal law - Human rights and related topics - State responsibility and immunities from jurisdiction - International environmental law - The law of the sea, air, and space - International economic and trade law The procedures implemented in resolving international disputes are similarly examined. The book's lucid writing style and user-friendly format guarantee its accessibility to lawyers and non-lawyers alike. It will similarly be useful to students as a companion to any international law casebook or compendium of primary source documents.

International Criminal Procedure

Author: Göran Sluiter
Publisher: Oxford University Press
ISBN: 9780199658022
Release Date: 2013-03-21
Genre: History

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.

International Criminal Law

Author: Douglas Guilfoyle
Publisher: Oxford University Press
ISBN: 9780198728962
Release Date: 2016-03-31
Genre: International criminal law

This unique textbook provides an accessible introduction to a fascinating subject area. Written with student needs at its heart, innovative features such as 'Counterpoint' and 'Pause for reflection' boxes highlight current debates and areas worthy of more detailed analysis, providing students with the tools they need to develop their knowledge and start thinking critically about the law. Learning outcomes open each chapter, and are complemented by closing summaries to further support student understanding. Structured in four parts, the book first sets out the key international law principles which assume special significance in relation to international criminal law before going on to consider international criminal tribunals, the prosecution of international crimes, and the 'core' international crimes which have been prosecuted to date. Finally, consideration is given to issues such as legal defences and immunities under international law. Written by an outstanding scholar and teacher, this user-friendly text offers a unique approach to the subject area, making it the ideal choice for those new to the subject area. Online Resource Centre This book is accompanied by a free Online Resource Centre hosting links to key international law documents, additional material on the victims of crime, and updates on important developments within the subject area.