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International crimes are mostly prosecuted at the national level and domestic judges have to contend with a plethora of divergent judgments from international tribunals and other domestic courts. This book assesses the impact of this legal pluralism, exploring whether divergence can be accepted as a regular feature of international criminal justice.
Criminal procedure (International law) --- Criminal jurisdiction. --- Legal polycentricity. --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Law --- Conflict of laws --- Conflict of criminal jurisdiction --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law --- International criminal procedure
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International crimes, such as crimes against humanity, genocide and war crimes, are committed by individuals. However, individuals rarely commit such crimes for their own profit. Instead, such crimes are often caused by collective entities. Notable examples include the 'dirty war' in Argentina in the 1970s and 1980s, the atrocities committed during the Balkan Wars in the early 1990s and the crimes committed during the ongoing armed conflicts in the Darfur area in Sudan. Referring to Darfur, the Prosecutor of the ICC noted in 2008 that, although he had indicted a few individuals, 'the information gathered points to an ongoing pattern of crimes committed with the mobilisation of the whole state apparatus'. This book reviews the main legal avenues that are available within the international legal order to address the increasingly important problem of system criminality and identifies possible improvements.
Criminal law. Criminal procedure --- Law of armed conflicts. Humanitarian law --- Criminal jurisdiction. --- International crimes. --- International offenses. --- Crimes, International --- International crime --- International offenses --- Crime --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law --- Criminal jurisdiction --- International crimes --- Law --- General and Others
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Providing you with a wide-ranging introduction to key international issues in crime and its control, this book covers all essential theories, and clearly explains their relevance to the world today. Going beyond just looking at organized crime, the book covers a range of topics including: Human rights Terrorism Trafficking Cybercrime Environmental crime International Law Plenty of case studies and examples are included throughout, including the Bali 9, Rana Plaza and the shooting of Charles De Menezes, and tips on further reading make it easy to know where to go to engage with more debates in the field. Making sure you're up to date with current issues, this book will be essential reading for students in Criminology and Criminal Justice, as well as those in Law and International Relations.
Transnational crime. --- Criminal justice, Administration of. --- Criminal jurisdiction. --- International crimes. --- Crimes, International --- International crime --- International offenses --- Crime --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law --- Administration of criminal justice --- Criminal justice, Administration of --- Justice, Administration of --- Criminals --- Multinational crime --- Transborder crime --- Law and legislation
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Cherif Bassiouni is often referred to as 'the father of international criminal law.' Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni's unique legacy within this important area. Among the contributing authors are Louise Arbour , UN High Commissioner for Human Rights; Mahnoush Arsanjani , Chief of the UN Office of Legal Affairs Codification Division; Diane Orentlicher , UN Independent Expert on Combating Impunity; Michael Reisman , former President of the Inter-American Commission for Human Rights; Yves Sandoz , Director for International Law of the International Committee of the Red Cross; William Schabas , Member of the Sierra Leone Truth Commission; Brigitte Stern , Advocate for the Bosnians in the World Court's Genocide case; and Prince Hassan bin Talal , first President of the Assembly of States Parties of the International Criminal Court.
Criminal jurisdiction. --- Criminal procedure (International law) --- International criminal procedure --- International criminal law --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- Bassiouni, M. Cherif, --- Pa-hsi-ao-ni, M. C., --- Bassiouni, Cherif, --- Baxiaoni, M. C., --- Basyūnī, Maḥmūd Sharīf, --- بسيونى، محمود شريف، --- Bassiouni, Mahmoud Cherif,
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Written by one of the world's pioneers and leading authorities on international criminal law, this text book covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae--sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; the function of the international criminal court; rules of procedure and evidence applicable to international criminal proceedings; and the future of international criminal law. This textbook is fully updated, comprehensive, easy to read, and ideally suited for classroom use. Also available as hardback: isbn 9789004264977
International criminal law. --- Criminal jurisdiction. --- International crimes. --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Crimes, International --- International crime --- International offenses --- Crime --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law
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This major new study examines the developing practice of universal jurisdiction, as well as the broader phenomenon of ""globalizing"" justice, and its ramifications.With a detailed overview of the contemporary practice of universal jurisdiction, it discerns three trends at work: pure universal jurisdiction, universal jurisdiction ""plus"", and non-use. It also argues that these disparities in practice should raise serious concerns as to the legitimacy and perceived legitimacy of such globalized justice. It then turns to a further consideration, that of globalized justic
Criminal jurisdiction. --- Jurisdiction (International law) --- Crimes against humanity. --- Genocide. --- Atrocities. --- Military atrocities --- Cruelty --- War crimes --- Cleansing, Ethnic --- Ethnic cleansing --- Ethnic purification --- Ethnocide --- Purification, Ethnic --- Crime --- International crimes --- Genocide --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law --- Atrocities --- Crimes against humanity --- Criminal jurisdiction
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Volume I of the International Criminal Law Practitioner Library series focuses on the law of individual criminal responsibility applied in international criminal law, providing a thorough review of the forms of criminal responsibility. The authors present a critical analysis of the elements of individual criminal responsibility as set out in the statutory instruments of the international and hybrid criminal courts and tribunals and their jurisprudence. All elements are discussed, demystifying and untangling some of the confusion in the jurisprudence and literature on the forms of responsibility. The jurisprudence of the ICTY and the ICTR is the main focus of the book. Every trial and appeal judgement, as well as relevant interlocutory jurisprudence, up to 1 December 2006, has been surveyed, as has the relevant jurisprudence of other tribunals and the provisions in the legal instruments of the ICC, making this a highly relevant work.
Criminal jurisdiction. --- International crimes. --- Crimes, International --- International crime --- International offenses --- Crime --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law --- Criminal liability (International law) --- Crimes against humanity. --- International crimes --- Genocide --- War crimes --- International law --- Law --- General and Others
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Talmudic legislation prescribed penalty for a Jew to testify in a non-Jewish court, against a fellow Jew, to benefit a gentile - for breach of a duty of loyalty to a fellow Jew. Through close textual analysis, Saul Berman explores how Jewish jurists responded when this virtue of loyalty conflicted with values such as Justice, avoidance of desecration of God's Name, deterrence of crime, defence of self, protection of Jewish community, and the duty to adhere to Law of the Land. Essential for scholars and graduate students in Talmud, Jewish law and comparative law, this key volume details the nature of these loyalties as values within the Jewish legal system, and how the resolution of these conflicts was handled. Berman additionally explores why this issue has intensified in contemporary times and how the related area of 'Mesirah' has wrongfully come to be prominently associated with this law regulating testimony.
Informers (Jewish law) --- Witnesses (Jewish law) --- Conflict of laws (Jewish law) --- Criminal jurisdiction. --- Legal polycentricity. --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Law --- Conflict of laws --- Conflict of criminal jurisdiction --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law --- Jewish law --- Mesirah (Jewish law) --- Moserim (Jewish law) --- Non-Jewish Courts
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Véritable outil pour les praticiens, ce succès de librairie est, comme le souligne le professeur Lucius Caflisch, « une étude exemplaire dont la lecture est indispensable pour tous ceux qui s’intéressent aux aspects concrets de la lutte contre les crimes internationaux ». L’ouvrage d’Anne-Marie la Rosa examine en effet les mécanismes judiciaires prévus au niveau international pour réprimer et sanctionner les violations graves du droit international humanitaire sous l’angle de leurs deux principales composantes : la procédure et la preuve. Celles-ci sont analysées et disséquées dans leurs moindres détails. L’auteur aborde ces sujets de manière originale et dynamique en vérifiant constamment que le fragile équilibre systémique est maintenu par le respect de trois conditions qu’elle estime fondamentales : le respect du caractère équitable de la procédure, la poursuite des finalités assignées à ces juridictions et leur adéquation à l’environnement dans lequel elles prennent place. C’est dans la mesure où les règles retenues respectent ces conditions que le système de répression pénale internationale est juste, efficace et légitime.
341.4 --- 347.949 --- 341.4 Internationaal en volkenrechtelijk strafrecht --- Internationaal en volkenrechtelijk strafrecht --- 347.949 Bewijslast--(burgerlijk procesrecht) --- Bewijslast--(burgerlijk procesrecht) --- Criminal jurisdiction. --- International criminal courts. --- International courts --- Criminal procedure (International law) --- Tribunaux internationaux --- Procédure pénale (Droit international) --- Criminal jurisdiction --- International criminal courts --- Criminal courts --- Complementarity (International law) --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law --- procédure pénale --- conflits sécurité et consolidation de la paix
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This book analyzes the implementation of Law 975 in Colombia, known as the Justice and Peace Law, and proposes a critical view of the transitional scenario in Colombia from 2005 onwards. The author analyzes three aspects of the law: 1) The process of negotiation with paramilitary groups; 2) The constitution of the Group Memoria Histórica (Historic Memory) in Colombia and 3) The process of a 2007 law that was finally not passed. The book contains interviews with key actors in the justice and peace process in Colombia. The author analyses the contradictions, tensions, ambiguities and paradoxes that define the practices of such actors. This book highlights that a critical view of this kind of transitional scenario is indispensable to determine steps towards a just and peaceful society. Juan Pablo Aranguren Romero is Assistant Professor in the Department of Psychology at the University of the Andes, Colombia. He holds an M.A. in Social Anthropology and a Ph.D. in Social Sciences. His research focuses on the intersections of body, suffering, and political violence. Aranguren is author of Cuerpos al límite: tortura, subjetividad y memoria en Colombia(2016) and Las inscripciones de la guerra en el cuerpo de los jóvenes combatientes (2011). .
Criminal jurisdiction --- Criminal justice, Administration of --- Criminal liability (International law) --- Colombia. --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- International law --- Jurisdiction --- International criminal law --- Peace. --- Latin America-Politics and gover. --- Conflict Studies. --- Peace Studies. --- Latin American Politics. --- International Humanitarian Law, Law of Armed Conflict. --- Coexistence, Peaceful --- Peaceful coexistence --- International relations --- Disarmament --- Peace-building --- Security, International --- War --- Latin America—Politics and government. --- International humanitarian law. --- Humanitarian conventions --- International humanitarian law --- War (International law)
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