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Command Responsibility in International Criminal Law

This book offers an in-depth study of the command responsibility doctrine, pursuant to which military commanders and civilian leaders can be held responsible for the crimes committed by their subordinates that they failed to prevent or punish. This form of responsibility has gained much attention in the last years; however, it still presents several open questions and critical difficulties arise in its application. The author traces the roots of such criminal responsibility, from its military origins to its first appearances in international case law after World War II. Particular attention is given to the jurisprudence of the ad hoc Tribunals, which extensively elaborated on the issue, and to the provision of Article 28 of the Statute of the International Criminal Court. The book provides a systematic analysis of command responsibility, outlining its different forms and finding a proper role for it within the complex net of responsibilities that connotes the commission of international crimes. This book is an important contribution to the literature and worldwide discussion on command responsibility and therefore highly recommended to scholars of international law, criminal law and international criminal law as well as to all practitioners (judges, legal assistants, prosecutors, defence counsels) working at or with international tribunals, experts in the military field, investigators dealing with international crimes, NGOs and journalists. Chantal Meloni is working as a Researcher at the Criminal Law Department of the UniversitàdegliStudi of Milan, Italy. Since several years she specializes in international criminal law. She spent long research periods abroad, in particular at the Humboldt Universität of Berlin in Germany. She also worked at the International Criminal Court as a Legal Assistant in Chambers.

This book offers an in-depth study of the command responsibility doctrine, pursuant to which military commanders and civilian leaders can be held responsible for the crimes committed by their subordinates that they failed to prevent or ...

International Criminal Law

A Critical Introduction

International Criminal Law: A Critical Restatement is an essential guide to the relatively recent, but rapidly growing field of international criminal justice. Written by four leading practitioners and academics associated with the International Criminal Tribunals for the former Yugoslavia and Rwanda, this book analyzes the tribunals' substantive and procedural law from an entirely new and critical perspective. In addition, the book explains the tribunals' place in the international legal order, and their relationships with - and ramifications for - national jurisdictions.

Written by four leading practitioners and academics associated with the International Criminal Tribunals for the former Yugoslavia and Rwanda, this book analyzes the tribunals' substantive and procedural law from an entirely new and ...

The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

This title is a comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.

Tried and tested by undergraduate law students across the UK. "Everything you could possibly want in a revision guide - to the point, user-friendly, easy-to-follow" Peter McNaughton, law student The Law Express series is tailored to help ...

International Criminal Law

Transnational Criminal Organizations and Transitional Justice

Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.

-- International criminal law and transitional justice -- Definition and scope of transitional justice : should it be applied to situations of large scale violence by transnational criminal organizations? special attention to the situation ...

International Criminal Law Deskbook

Attempts to try individuals such as Slobodan Milosevic and Saddam Hussein for international crimes and the creation of the International Criminal Court highlight the growing currency and importance of international criminal law as a discipline in its own right. Contemporary importance and academic interest in the subject is rapidly eclipsing that in the more mainstream discipline of human rights. For practitioners, scholars and students of international criminal law (ICL), this unique collection provides access to the core international instruments in one convenient volume. Containing seventy-nine principal documents on ICL dating from 1919 to 2005, this user-friendly book organizes the documents around generally recognised categories of international crimes, such as war crimes, crimes against humanity and terrorism. It also includes constitutive instruments of the most important international, domestic and hybrid tribunals, including the Statute of the International Criminal Court, its rules of procedure and elements of crimes. Principal international and regional instruments which deal with the facilitation of a truly international system of criminal justice, in the form of extradition and mutual assistance are also included. Each document has been carefully edited to present information that is directly relevant to international criminal law while all extraneous material has been excluded. Most importantly, each extract has its own introduction which provides the reader with official citations, parties, date of entry into force, an outline of the legislative history, links to related documents and a brief commentary analyzing and contextualizing the principal provisions.

For practitioners, scholars and students of international criminal law (ICL), this unique collection provides access to the core international instruments in one convenient volume.

Multilayered Structures of International Criminal Law

This book discusses the multilayered legal structures concerning the regulation of crimes under international law. It covers both core crimes and other types of crime under international law, and examines relevant substantive and procedural rules alike. Pursuing such a comprehensive approach is essential to understanding the basic frameworks of international criminal law, since the varied perspectives on international crimes are connected to different systems of enforcement. Being aware of this interrelatedness is conducive to an in-depth examination of individual topics in both substantive and procedural aspects. On the basis of such an inquiry, this book concisely provides a systematic overview of international criminal law.

On the basis of such an inquiry, this book concisely provides a systematic overview of international criminal law. This book discusses the multilayered legal structures concerning the regulation of crimes under international law.

International Criminal Law from a Swedish Perspective

This book describes and analyzes the Swedish legal rules and practices regarding jurisdiction, mutual legal assistance in criminal matters, extradition, and the EU arrest warrant. Swedish law and practice in international criminal law is particularly significant for two main reasons. First, it is a system which is both logical and coherent. It displays a considerable Germanic theoretical influence, but its sophistication is tempered by pragmatism and is designed to facilitate "user-friendliness." Second, the Nordic countries - because of a common history, shared language, and cultural factors - have long had a very high and effective degree of cooperation in international criminal law matters. The experience of Nordic cooperation has been an important inspiration for the legislative work of the EU in the field. To create a "European judicial space," based upon both harmonization and mutual recognition of decisions, the EU has produced a large number of instruments to improve judicial and prosecutorial cooperation in criminal matters. With the adoption of the Lisbon Treaty, the pace of EU legislation in the field will increase. These EU instrument cannot work effectively unless they are integrated properly into the criminal law systems of the Member States, and these systems in turn facilitate efficient cooperation. The European judicial space also requires a high degree of understanding of other systems and a high level of mutual trust. At a time when regionalization and globalization are leading to an increase in the number of offenses with a transnational dimension, this book is designed to make the "best practices" of the Swedish system of international criminal law accessible to an English-speaking legal public. (Series: Supranational Criminal Law: Capita Selecta - Vol. 9)

This book describes and analyzes the Swedish legal rules and practices regarding jurisdiction, mutual legal assistance in criminal matters, extradition, and the EU arrest warrant.

The Crime of Conspiracy in International Criminal Law

This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute’s purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems.

This book looks at the relevance of conspiracy in international criminal law.

Secondary Liability in International Criminal Law

A Study on Aiding and Abetting Or Otherwise Assisting the Commission of International Crimes

Notions such as complicity, accessory liability, as well as aiding and abetting frequently appear in international criminal law. This study focuses on the relevant legal issues concerning secondary liability as a mode of individual criminal responsibility. The first section of the book looks into the distinction between primary and secondary liability, the nature of secondary liability, and the approaches to prevent secondary liability from being over-inclusive. Additional sections analyze the body of law that has been shaped by the trials conducted in the aftermath of World War II, the trials that have emerged from the ad hoc tribunals for the crimes committed in the former Yugoslavia (ICTY) and Rwanda (ICTR), and the trials which has been created by the EU Member States to the Rome Statute of the International Criminal Court (ICC). The main questions asked are: How does secondary liability relate to a system of perpetration and participation? How is it distinguished from other modes of liability? What are its actus reus and mens rea elements? Particular emphasis has been laid on the substantial and direct effect requirements, as well as on the notion of purposive facilitation. (Series: International Criminal Law - Vol. 3)

The first section of the book looks into the distinction between primary and secondary liability, the nature of secondary liability, and the approaches to prevent secondary liability from being over-inclusive.

International Criminal Law

"This book is an excellent guide to the realities of this new and rapidly changing legal landscape. It draws together a wide variety of different subjects that are not usually found under the same cover to provide a book that introduces both students and practitioners to international criminal law, whilst examining in detail the power and limitations of the new international criminal courts and tribunals."--BOOK JACKET.

"This book is an excellent guide to the realities of this new and rapidly changing legal landscape.