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 ...
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.
Bringing together Judge Meron's most important speeches in one volume, this book provides an insider's account of the development of international criminal law, humanitarian law, and human rights. Judge Meron, one of the most respected and admired figures in international law, also gives his vision of the role of the international judge.
Bringing together Judge Meron's most important speeches in one volume, this book provides an insider's account of the development of international criminal law, humanitarian law, and human rights.
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
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.
While international criminal courts have often been declared as bringing 'justice' to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various 'rights', while their need for justice has been deployed as a means of justifying the establishment of international criminal courts. However, it is arguable that the goals of political and legal elites continue to be given precedence, and the ability of courts to deliver 'justice to victims' remains contested. This book contributes to this important debate through an examination of the role of victims as civil parties within the Extraordinary Chambers in the Courts of Cambodia. Drawing on a series of interviews with civil parties, court practitioners and civil society actors, the book explores the way in which both the ECCC and the role of victims within it are shaped by specific political, economic and legal contexts; examining the 'gap' between the legitimising value of the 'imagined victim', and the extent to which victims are able to further their interests within the courtroom.
Crime Wthout Borders examines the globalization of crime and justice in today's contemporary society. It not only discusses the nuts and bolts of international crime and international law enforcement, but also raises abstract, theoretical issues for debate and asks critical questions about the best ways to think about international criminal justice problems. Throughout the book, it places global crime within the context of contemporary politics and current events. Hot topics such as terrorism, drug trafficking, and cybercrime are addressed throughout and connections between globalization, politics and criminal justice reflect the modern realities of international and transnational crime.
We can buy products that are quickly and easily shipped from China, India, or Europe. And we can sell our goods to them, too. This book is an introduction to some of these developments in international criminal justice.
