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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.

Shocking the Conscience of Humanity

Gravity and the Legitimacy of International Criminal Law

The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.

Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity.

Illicitly Obtained Evidence at the International Criminal Court

This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.

This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court.

International Criminal Jurisdiction

Whose Law Must We Obey?

"Whose law must I obey? This question is so basic to our legal obligations that it ought to be easy. Specifically, a person considering an action ought to be able to answer this question by the use of law-like rules. This ought to be particularly true of criminal law, which will be the principal focus of this book. Actually, this question is partially unanswerable in the world as it exists today. Whether by accident or design, the current structure and content of law-national and international-sometimes prevents persons (natural or juridical) from being able to answer the question fully at the time of action"--

Specifically, a person considering an action ought to be able to answer this question by the use of law-like rules. This ought to be particularly true of criminal law, which will be the principal focus of this book.

Mistake of Law

Excusing Perpetrators of International Crimes

When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.

This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime.

International Criminal Law—A Counter-Hegemonic Project?

This book enquires into the counter-hegemonic capacity of international criminal justice. It highlights perspectives and themes that have thus far often been neglected in the scholarship on (critical approaches to) international criminal justice. Can international criminal justice be viewed as a ‘counter-hegemonic’ project? And if so, under what conditions? In response to these questions, scholars and practitioners from the Global South and North reflect inter alia on the engagement with international criminal justice in the context of Ukraine, Palestine, and minorities in South-Asia while also highlighting the hegemonic tendencies built into the institutional structure of the International Criminal Court on the axes of gender and language. Florian Jeßberger is Professor of Criminal Law and Director of the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany. Leonie Steinl is a Senior Lecturer in Criminal Law at Humboldt-Universität zu Berlin, Germany. Kalika Mehta is an Associate Researcher at the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany.

This book enquires into the counter-hegemonic capacity of international criminal justice.