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.
Selectivity and the International Criminal Law Regime
This book concentrates on the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, with regard to international relations theory.
This book concentrates on the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, with regard to international relations theory.
The interpretive process in International Criminal Law (›ICL‹) is characterised by a conflict between the requirements for stability and change. On the one hand, ICL provides for the ›criminal‹ responsibility of individuals. Thus, there is an enhanced requirement for legal certainty: According to the principle of legality, the addressee of the law must be able to identify the prohibited conduct in advance in order to be able to avoid criminal sanctions. On the other hand, however, ICL forms part of ›international‹ law. Hence, it derives to some extent from international treaties. Whereas the forms of criminal conduct are continuously evolving, treaties are rather static instruments – they cannot be adapted to a changing environment within a short period of time. Thus, reality is developing at a pace that the law cannot always match. In consequence, there is a certain need to account for evolving circumstances within the framework of interpretation. The aim of this book is to review the consequences of this conflict for the interpretation of ICL. How can the conflicting requirements be brought into balance? Can substantive rules of ICL be interpreted in a ›dynamic‹ fashion to the detriment of the accused without violating the principle of legality? How do international criminal courts and tribunals deal with this issue?
In consequence, there is a certain need to account for evolving circumstances within the framework of interpretation. The aim of this book is to review the consequences of this conflict for the interpretation of ICL.
This volume clearly sets out the international criminal law framework, featuring tools to consider and assess the current status of the law and encourage critical analysis of the latest debates affecting the subject area.
This volume clearly sets out the international criminal law framework, featuring tools to consider and assess the current status of the law and encourage critical analysis of the latest debates affecting the subject area.
