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.
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 ...
'Green Crimes and International Criminal Law' examines crimes against the environment, which impact not only humans, but also wildlife and ecosystems more generally. A significant point of discussion in the volume is whether green crimes can fit effectively into existing international criminal law frameworks or not. Chapter authors explore these crimes from both a definitional and theoretical perspective and in various contexts in different parts of the world, questioning whether these violations have led to or are violations of international criminal law.While the recognition of green crimes in the international criminal law community has been slow, it has increasingly gained widespread attention. This volume acknowledges the growing interest and seeks to promote debate among academics and professionals working on the subject. The aim of these texts is to encourage meaningful action around green crimes within the international criminal law community so that environmental justice can become established.The collection will be of particular interest to practicing attorneys and academics studying international criminal law, especially those keen on investigating how green crimes can be incorporated into the specific canon of international law.
Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race - and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims' ostensible racial otherness. The perpetrator's imagination as manifested through his behaviour defines the victims' racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international 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 ...
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 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.
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.
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
