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International Criminal Law: National prosecutions for international crimes. National prosecution for international crimes

Criminological Approaches to International Criminal Law

A practical guide to what motivates international crimes and how these are structured and investigated in theory and practice.

A practical guide to what motivates international crimes and how these are structured and investigated in theory and practice.

Conscience of Prosecutors in International Criminal Law

The Heart of the Matter

This book evaluates the resting pulse of national and international criminal justice in conjunction with the actual definition of the truth which burdens prosecutors. Prosecutors have several valuable, yet inconspicuous tasks which are significant to criminal procedure. In criminal justice, the conscience of justice is based on the pursuit of the truth by using evidence. As a rule of genuine judgment, we seek to discuss the principle of truth and its enforcement in the proceedings of criminal justice. The visual perception of moral law and its imperative function governing the theory of ethical obligations, responsibilities, and duties of the prosecutor in the criminal jurisdiction therefore represents the primary starting point for all of our judgments. Prosecutors should actively ensure that both powerful and powerless criminals are brought to justice. The main objective of the statute of the permanent International Criminal Court (ICC) claims to uphold the high moral precedent which must be set by the Office of the Prosecutor. However, the actual practice of the ICC has instead led to millions of deaths, including those of innocent children, as well as the destruction of countries whose protection is not considered to be in "the interest of justice". If the ICC wishes to establish justice for victims, then the deterrence of impunity for any criminal should be its priority. The ICC should not become a pawn of the political superpowers or the platform through which the prosecutor can misuse classified documents to serve their personal interests. The ultimate nature of justice cannot be comprehensive if impartial validity is not the permanent foundation of the core pillars in all criminal proceedings. This book is recommended to anyone who concerns themselves with legal questions of criminal justice and its efficacy.

This book evaluates the resting pulse of national and international criminal justice in conjunction with the actual definition of the truth which burdens prosecutors.

Historical Origins of International Criminal Law

This volume carries on the "comprehensive and critical mapping of international criminal law's origins" started by the previous two volumes. Twenty-seven authors investigate the evolution of legal doctrines and pertinent historical events, many in an attempt to inform contemporary theory and practice. Contributors include Narinder Singh, Eivind S. Homme, Manoj Kumar Sinha, Emiliano J. Buis, Shavana Musa, Jens Iverson, Gregory S. Gordon, Benjamin E. Brockman-Hawe, William Schabas, Patryk I. Labuda, GUO Yang, Philipp Ambach, Helen Brady, Ryan Liss, Sheila Paylan, Agnieszka Klonowiecka-Milart, Meagan Wong, Marina Aksenova, Zahra Kesmati, Chantal Meloni, Hitomi Takemura, Hae Kyung Kim, ZHANG Binxin, Morten Bergsmo, CHEAH Wui Ling, SONG Tianying and YI Ping. Part 1 of the book further expands the landscape of international criminal law in terms of geography, time and diversity of legal concepts in their early forms. Parts 2 and 3 turn to the origins and evolution of specific doctrines of international criminal law. Part 2 explores four core international crimes: war crimes, crimes against humanity, genocide, and aggression. Part 3 examines doctrines on individual criminal responsibility: modes of liability, grounds of criminal defence, and sentencing criteria. The doctrine-based approach allows vertical consolidation within a concept. The chapters also identify common and timeless tensions in international criminal law, symptomatic of ongoing struggles, offering parameters for assessment and action.

This volume carries on the "comprehensive and critical mapping of international criminal law's origins" started by the previous two volumes.

Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege

This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?

Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book ...

International Criminal Law

A Draft International Criminal Code

This is the first comprehensive, single-volume collection of terrorism documents. The editor assembled material from both governmental & nongovernmental source relating to the prevention & suppression of terrorism. The collection constitutes a valuable research tool for academics & also for those concerned with implementing instruments to combat terrorism.

This is the first comprehensive, single-volume collection of terrorism documents.

Challenges facing the efficacy of International Criminal Law

Why the ICL is a ship in stormy waters

Academic Paper from the year 2018 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 4, University of Nairobi, course: Bachelor of Laws, language: English, abstract: This paper is a critical analysis of how the game of world politics has jeopardized the efficacy of International Criminal Law (ICL). International Criminal Law exists within a political space. It’s a ship in an ocean filled with storms of supremacy battles, power games, sovereignty conversations, self-interests and a lot more of political tides. This paper seeks to analyse how safely the ICL ship sails in the fierce waters. It seeks to see how the tides have affected the stability of the ship. Will the ICL vessel safely get to dock or is it faced with a risk of shipwreck? The article concludes that there is indeed a danger of the ship being overthrown by the fierce waters and gives a recommendation to rescue the ship by adopting a definition of state sovereignty to the effect that all are above the law but bound by the law. This will make the objective of International Criminal Law realizable and deliver it from the fate of ineffectualness.

Academic Paper from the year 2018 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 4, University of Nairobi, course: Bachelor of Laws, language: English, abstract: This paper is a ...

Sources of International Criminal Law

Academic Paper from the year 2012 in the subject Law - European and International Law, Intellectual Properties, grade: A, University of Wroclaw, language: English, abstract: The sources if international criminal law are diverse, frequently not immediately obvious, and complicated by a number of different factors. This makes the mission of identifying and applying international criminal law particularly difficult, needing a lot of effort and energy. Thus, it is important to identify the sources of international criminal law in order to determine what weight should actually be attached to international treaties, international custom, documents, materials and judicial decisions, which are commonly referred to in the context of individual criminal responsibility in international law.

Thus, it is important to identify the sources of international criminal law in order to determine what weight should actually be attached to international treaties, international custom, documents, materials and judicial decisions, which ...

International Criminal Law

International Enforcement

Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victimsa (TM) Rights in International Law).

In addition this volume addresses national experiences with the enforcement of certain international crimes.