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Mens Rea at the International Criminal Court

7.3 General Constitutive Elements of the ICC Crime of Aggression

7.3 General Constitutive Elements of the ICC Crime of Aggression

Proceedings »in Absentia« in Comparative and International Criminal Law

The thesis finds a normative approach for trial ›in absentia‹ at International Criminal Tribunals by applying classical sources of international criminal law and analysing procedural theory as well as fundamental rights. Through a critical analysis of concepts presented as models for trial ›in absentia‹ it introduces a new concept for trials ›in absentia‹ which considers both the defendant's right and duty to be present.

The book thereby establishes a connection between legal theory, international criminal procedural law, international human rights law and comparative law on the one hand and - considering the high number of accused of International Criminal ...

The Principle of Legality in International and Comparative Criminal Law

This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.

This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law.

International Criminal Tribunals

A Normative Defense

Legitimacy -- Sovereignty -- Punishment -- Responsibility -- Economics -- Politics -- Evidence -- Fairness -- Concluding remarks

Legitimacy -- Sovereignty -- Punishment -- Responsibility -- Economics -- Politics -- Evidence -- Fairness -- Concluding remarks

International Criminal Law, Cases and Materials

This book deals not only with the usual topics of international law - law of war and international tribunals - but also with some of the most widespread horrific human behavior. It opens with sex trafficking and closes with internet crimes, dealing in between with the spectrum of human violence from war crimes through terrorism and torture. It is reasonably compact but contains cases and statutes from every English-speaking jurisdiction and international tribunal as well as some other nations. It is easy to use this book in conjunction with online discussions and clips from movies and documentaries.

Hardbound - New, hardbound print book.

International Criminal Law

Using Or Abusing Legality?

This study is located within international law and seeks to determine whether prosecuting political violence would necessarily entail an abuse of the legal process. Issues discussed in the book are the controversies over the location of the crime of aggression in either law or politics and the legal approach to the problems outlined. Taking examples from Libya, the Ivory Coast and Kenya, the work is of interest to those working in the areas of international criminal justice, international law, legal theory, and international relations. .

Issues discussed in the book are the controversies over the location of the crime of aggression in either law or politics and the legal approach to the problems outlined.

The Justice Laboratory

International Law in Africa

Examining how international criminal law has—and hasn’t—brought justice following war crimes in Africa Ever since World War II, the United Nations and other international actors have created laws, treaties, and institutions to punish perpetrators of genocide, war crimes, and crimes against humanity. These efforts have established universally recognized norms and have resulted in several high-profile convictions in egregious cases. But international criminal justice now seems to be a declining force—its energy sapped by long delays in prosecutions, lagging public attention, and a globally rising authoritarianism that disregards legal niceties. This book reviews five examples of international criminal justice as they have been applied across Africa, where brutal civil conflicts in recent decades resulted in varying degrees of global attention and action. The first three chapters examine key international mechanisms: the International Criminal Court, the International Criminal Tribunal for Rwanda, and the hybrid tribunal established in Senegal to try state crimes committed in Chad. These chapters illustrate how the design and practice of the institutions led to similarly unexpected and unsatisfying outcomes. The final two chapters examine emerging and proposed international criminal justice mechanisms. One is a tribunal intended to facilitate peace in the new but war-torn country of South Sudan, not yet operational and unlikely to perform better than its predecessors. Finally, the book considers the developing human rights practice of the little-studied East African Court, a regional commercial court in Arusha, Tanzania, to show how local judicial creativity can win a role for courts in facilitating good governance. Written in an accessible style, this book explores the connections between politics and the doctrine of international criminal law. Highlighting little-known institutional examples and under-discussed political situations, the book contributes to a broader international understanding of African politics and international criminal justice, as well as the lessons the African experiences offer for other regions.

This book reviews five examples of international criminal justice as they have been applied across Africa, where brutal civil conflicts in recent decades resulted in varying degrees of global attention and action.

International and European Criminal Law

In the wake of increasing globalisation, criminal law has become an internationalised subject. This revised and updated second edition highlights the most important aspects of European and international criminal law in order to provide the reader with a comprehensive, concise and solid introduction to this modern field of law. The book focuses on: - Rules determining the exercise of jurisdiction - 'European Criminal Law' dealing with the question if and how far the EU may create or harmonise criminal law - Evolution of European Criminal Procedure Law - Ne bis in idem-principle - Guarantees under the European Convention of Human Rights - Principles of International Criminal Law - Procedures and substantive law of the International Criminal Court (ICC) Praise for the first edition: '... it manages to give a good overview without being unduly long. The book is most definitly worth a read even for those with more specific interests in the topics covered, and it will serve well as a textbook....' Annika Suominen, European Criminal Law Review 'This book is both an outstanding and demanding presentation of international criminal law and its current developments and trends caused by globalisation.' Landeskriminalblatt Niedersachsen

' Annika Suominen, European Criminal Law Review 'This book is both an outstanding and demanding presentation of international criminal law and its current developments and trends caused by globalisation.' Landeskriminalblatt Niedersachsen

The Right to Be Present at Trial in International Criminal Law

In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses how the right to be present is understood by international criminal courts and tribunals in the context of the right to a fair trial.

In The Right to Be Present at Trial in International Criminal Law Caleb Henry Wheeler analyses how the right to be present is understood by international criminal courts and tribunals in the context of the right to a fair trial.

Propaganda and International Criminal Law

From Cognition to Criminality

This book addresses the conceptual and evidentiary issues relating to the treatment of propaganda in international criminal law. Bringing together an interdisciplinary range of scholars, researchers and legal practitioners from Africa, Australia, Europe and the United States, the book provides an in-depth analysis of the nature, position and role of the concept of propaganda in mass atrocity crimes trials. A sequel to the earlier Propaganda, War Crimes Trials and International Law: From Speakers' Corner to War Crimes (Routledge, 2011) this book is the first to synthesize the knowledge, procedures and methods of international criminal law with the social cognitive sciences. Including a comprehensive overview of the most relevant case law, jurisprudence and scientific studies, the book also offers a series of practical insights and strategies for both academics and legal professionals. An invaluable resource for those working in the area of international criminal law, this book will also be of interest to academics, practitioners and students with relevant interests in legal theory, politics, linguistics and psychology.

This book addresses the conceptual and evidentiary issues relating to the treatment of propaganda in international criminal law.