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The Fundamental Concept of Crime in International Criminal Law

A Comparative Law Analysis

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective.

Substantive and Procedural Aspects of International Criminal Law : The Experience of International and National Courts: Materials

The second volume of this unique two-volume work seeks for the first time to address in a comprehensive fashion both substantive and procedural aspects of international criminal law as applied by international and national courts. Substantive topics include individual criminal responsibility, genocide, war crimes, crimes against humanity, crimes against UN and associated personnel, core crimes and defenses, while procedural aspects include the right of suspects and accused, the protection of victims and witnesses, and pre-trial, trial and appeal procedures and practices. In addressing these subjects the work focuses on the practical application of the relevant norms and provides both detailed commentaries by experts in the field (Commentary volume), as well as the underlying documentation for each of the topics addressed (Documents and Cases volume). With the establishment of the International Criminal Court, the experiences of other international courts, notably the ad hoc tribunals for the former Yugoslavia and Rwanda as well as their predecessors, in addressing these issues are of great value and this work is intended to assist practitioners and scholars alike. Additionally, because national courts still have a vital role to play in the application of these norms, attention is given to prosecutions in national jurisdictions. With this work the editors seek both to assist the reader in understanding these important concepts as well as to provide the background documentation such that the reader can conduct his or her own research and come to his or her own conclusions. The print edition is available as a set of two volumes (9789041111357).

The second volume of this unique two-volume work seeks for the first time to address in a comprehensive fashion both substantive and procedural aspects of international criminal law as applied by international and national courts.

International Criminal Law Documents

Contains the most important documents on international criminal law, designed to support both students and practitioners.

Contains the most important documents on international criminal law, designed to support both students and practitioners.

International Criminal Law: Cases and Commentary

The decisions presented in the book are helpfully accompanied by short introductions setting out the circumstances of each case and brief commentaries on the importance of the decision and principles illustrated. --Book Jacket.

The decisions presented in the book are helpfully accompanied by short introductions setting out the circumstances of each case and brief commentaries on the importance of the decision and principles illustrated. --Book Jacket.

The Diversification and Fragmentation of International Criminal Law

This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’.

Research Handbook on International Criminal Law

'This timely, valuable and thought-provoking contribution to our understanding of the vibrant new subject that is international criminal law, is a great addition to the literature and to our understanding. Professor Bart Brown deserves real appreciation for bringing it together.' – Philippe Sands QC, University College London and Matrix Chambers, UK 'The Research Handbook is a comprehensive up-to-date guide to one of the youngest yet most dynamic areas of international law. It tackles the pertinent challenges and opportunities, starting with the classical issues like categories of international crimes and complementarity, going on to address the problems ahead including the Guantánamo regime, crimes against women and the status of private security contractors. The Handbook will be a valuable source for both general and advanced international criminal law research.' – James Crawford, Cambridge University, UK This carefully regarded and well-structured handbook covers the broad range of norms, practices, policies, processes and institutional mechanisms of international criminal law, exploring how they operate and continue to develop in a variety of contexts. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. The Research Handbook on International Criminal Law will appeal to practitioners who may want to defend, or prosecute, international criminal law cases, and academics researching and writing on international criminal law. Graduate students studying international criminal law, international human rights or international humanitarian law as well as those studying international justice, international politics, international organization or public policy analysis, will also find this book invaluable.

Graduate students studying international criminal law, international human rights or international humanitarian law as well as those studying international justice, international politics, international organization or public policy ...

International Criminal Justice

Law and Practice from the Rome Statute to Its Review

This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice by using case studies to provide advice for possible future developments in international criminal procedure and law.

This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review of the Rome Statute.

Pluralism in International Criminal Law

"Collection of papers presented at the conference "Pluralism v Harmonization: National Adjudication of International Crimes" that was held in June 2012 in Amsterdam"--Acknowlegements.

"Collection of papers presented at the conference "Pluralism v Harmonization: National Adjudication of International Crimes" that was held in June 2012 in Amsterdam"--Acknowlegements.

International Criminal Law

Developments in the Case Law of the ICTY

At the dawn of the International Criminal Court, the rich experience of the "ad hoc" International Criminal Tribunal for the former Yugoslavia (ICTY) will prove to be the primary source of legal authorities for many years. The creation of the ICTY in 1993 heralded a new-found willingness of the international community to bring to book perpetrators of war crimes and gross or systematic violations of human rights. Written by academics and practitioners, and notably many "insiders" at the ICTY, this volume focuses particularly on the international and criminal law developments that have taken place in the practice and procedure of the Tribunal. Throughout are threads concerning the development and application of international criminal law not only by the ICTY, but also by the "ad hoc" International Criminal Tribunal for Rwanda and the new International Criminal Court.

Written by academics and practitioners, and notably many "insiders" at the ICTY, this volume focuses particularly on the international and criminal law developments that have taken place in the practice and procedure of the Tribunal.