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Criminal jurisdiction --- Criminal law --- 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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Analysing developments across antitrust, criminal and human rights law, this text explains how the principles of sovereignty and territoriality have been undermined, and develops a new theory of international jurisdiction based on the concept of subsidiarity.
Jurisdiction (International law) --- Criminal jurisdiction. --- Jurisdiction, Territorial. --- International Law --- Law, Politics & Government --- Treaties, International --- Territorial jurisdiction --- Territory, National --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts
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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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Criminal law. Criminal procedure --- International law --- Criminal jurisdiction. --- Criminal procedure (International law) --- Droit pénal international --- Procédure pénale (Droit international) --- Bassiouni, M. Cherif, --- Droit pénal international --- Procédure pénale (Droit international) --- Criminal jurisdiction --- International criminal procedure --- International criminal law --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- Pa-hsi-ao-ni, M. C., --- Bassiouni, Cherif, --- Baxiaoni, M. C., --- Basyūnī, Maḥmūd Sharīf, --- بسيونى، محمود شريف، --- Bassiouni, Mahmoud Cherif,
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1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the International Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the concept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core international crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging aspects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.
Criminal jurisdiction. --- Criminal liability (International law) --- Criminal liability. --- International criminal courts. --- Terrorism --- Prevention --- Law and legislation. --- War on Terrorism, 2001-2009 --- Criminal courts --- International courts --- Complementarity (International law) --- Accountability, Criminal --- Criminal accountability --- Criminal liability --- Criminal responsibility --- Liability, Criminal --- Responsibility, Criminal --- Liability (Law) --- International law --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law --- Law and legislation --- Criminology. --- International Criminal Law . --- International Humanitarian Law, Law of Armed Conflict. --- Criminology and Criminal Justice, general. --- Crime --- Social sciences --- Criminals --- Study and teaching --- International criminal law. --- International humanitarian law. --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Criminal law, International --- ICL (International criminal law) --- Criminal jurisdiction --- International crimes
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The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere vis-à-vis national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, inter alia , whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.
Criminal liability (International law) --- Criminal procedure (International law) --- Criminal jurisdiction --- Responsabilité pénale (Droit international) --- Procédure pénale (Droit international) --- Droit pénal international --- Criminal jurisdiction. --- International offenses. --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law --- International criminal procedure --- International law --- Crimes, International --- International crime --- International offenses --- Crime --- International Criminal Court. --- U.N. International Criminal Court --- United Nations. --- ICC --- CPI --- Cour pénale internationale --- Corte Penal Internacional --- Internationella brottmålsdomstolen --- Pengadilan Pidana Internasional --- Kokusai Keiji Saibansho --- Mezhdunarodnyĭ ugolovnyĭ sud --- Međunarodni kazneni sud --- Międzynarodowy Trybunał Karny --- Maḥkamat al-Jināʼīyah al-Duwalīyah --- Guo ji xing shi fa yuan --- 国际刑事法院 --- Samnakngān ʻAyakān Sān ʻĀyā Rawāng Prathēt --- Tribunal Penal Internacional --- Uluslararası Ceza Mahkemesi --- UCM
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The principle of complementarity is the corner stone for the operation of the International Criminal Court (ICC). It organizes the functional relationship between domestic courts and the ICC. This is the first careful study of the historical antecedents of the principle of complementarity, which has become so central to the operation of contemporary international criminal law. The study draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals. It examines in an exhaustive manner the work of the International Law Commission that led to the drafting of the Rome Statute of the International Criminal Court, up to the deposit of the draft statute with the UN General Assembly in 1994. It considers the travaux préparatoires of the Rome Statute itself, in a most thorough manner. It also examines the post-Rome developments, particularly the original interpretations of the relevant provisions of the Statute by both the Office of the Prosecutor and the Pre-Trial Chambers. This is a study that is of intrinsic historical interest, but also one that may help to guide interpreters of the Statute in the years to come. “The concept of complementarity lies at the heart not only of the Rome Statute of the International Criminal Court, it is in many respects the underlying paradigm of international criminal justice as a whole. In this important study, Mohamed El Zeidy has drawn on historical sources, tracing the evolution of the concept and then showing how it has become operationalised in the first cases before the International Criminal Court. This book belongs in the library of every international criminal lawyer”. Prof. William A. Schabas , OC MRIA National University of Ireland, Galway.
Criminal jurisdiction --- Criminal liability (International law) --- International offenses --- Jurisdiction (International law) --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- International law --- Crimes, International --- International crime --- Crime --- History. --- International Criminal Court. --- U.N. International Criminal Court --- United Nations. --- ICC --- CPI --- Cour pénale internationale --- Corte Penal Internacional --- Internationella brottmålsdomstolen --- Pengadilan Pidana Internasional --- Kokusai Keiji Saibansho --- Mezhdunarodnyĭ ugolovnyĭ sud --- Međunarodni kazneni sud --- Międzynarodowy Trybunał Karny --- Maḥkamat al-Jināʼīyah al-Duwalīyah --- Guo ji xing shi fa yuan --- 国际刑事法院 --- Samnakngān ʻAyakān Sān ʻĀyā Rawāng Prathēt --- Tribunal Penal Internacional --- Uluslararası Ceza Mahkemesi --- UCM --- International crimes
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The system of law enforcement within the European Union is based on so-called “indirect enforcement”. This means that Member States are, within certain binding EU preconditions, responsible for the enforcement of EC and EU law by means of criminal law, administrative law, etc. In order to realize the EU dimension of law enforcement, co-operation with other Member States is often necessary. This book focuses on the relationship between the two instruments for transnational co-operation in the field of evidence gathering, namely mutual assistance in administrative matters and mutual assistance in criminal matters. This volume not only contains an analysis of the relevant rules on transnational law enforcement co-operation, but also the results of a comparative study into the nature and organisation of national law enforcement in three States. The criminal and administrative enforcement of tax law (direct taxes) and conduct-of-business supervision in the financial markets in the Netherlands, Germany and Switzerland are used as case studies. Special attention is paid to banking secrecy. The book identifies to what extent mutual assistance in administrative matters and mutual assistance in criminal matters, as distinguishable concepts of co-operation, are in keeping with the nature and organisation of law, financial and criminal enforcement in the countries concerned. It concludes with recommendations for an alternative model of co-operation within the EU. These recommendations are viewed against the background of important developments within the European Union, including the conclusion of the Treaty of Lisbon, the introduction of mutual recognition as the dominant concept for criminal law enforcement co-operation and the scope of the EC influence on criminal law enforcement (first pillar).
Administrative law --- Criminal law. Criminal procedure --- European law --- Tax law --- Criminal justice, Administration of --- Criminal jurisdiction --- Droit européen --- Coopération européenne --- EEC / European Union - EU -Europese Unie - Union Européenne - UE --- 334.154.2 --- 347.730 --- 333.139.1 --- 333.139.2 --- -Administrative law --- -341.77094 --- Ud4.10 --- Ui5.2 --- Uh4.1 --- Administration --- Law, Administrative --- Public administration --- Public law --- Constitutional law --- Administration of criminal justice --- Justice, Administration of --- Crime --- Criminal law --- Criminals --- Financieel recht in de Europese Gemeenschappen. Verzekeringen. --- Financiële instellingen: algemeen. --- Instellingen voor kredietcontrole. Commissie voor het Bank-en financiewezen. CBFA. --- Bankcontrole en -reglementering. Reglementering van het bankberoep. --- Law and legislation --- Criminal justice [Administration of ] --- European Union countries --- Droit européen. --- Coopération européenne. --- 341.77094 --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- International criminal law --- Instellingen voor kredietcontrole. Commissie voor het Bank-en financiewezen. CBFA --- Bankcontrole en -reglementering. Reglementering van het bankberoep --- Financieel recht in de Europese Gemeenschappen. Verzekeringen --- Financiële instellingen: algemeen --- Criminal justice, Administration of - European Union countries --- Criminal jurisdiction - European Union countries --- Administrative law - European Union countries --- Droit européen. --- Coopération européenne.
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