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A new edition of this paperback is available: see isbn 9789004216747.
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Zwei Jahrzehnte Völkerstrafgesetzbuch bieten Anlass für eine kritische Bestandsaufnahme und Überlegungen zu möglichen Reformbedarfen im materiellen und prozessualen Recht. Der Band enthält Beiträge von Vertreter:innen aus Justiz, Anwaltschaft, Zivilgesellschaft und Wissenschaft zum Symposium "20 Jahre Völkerstrafgesetzbuch", das im Oktober 2022 an der Universität Hamburg stattgefunden hat. Den Herausgebern ist es gelungen, die für das "deutsche Völkerstrafrecht" relevanten Stimmen in diesem Band zu versammeln. Die Autor:innen zeichnen ein differenziertes Bild der Verfolgung von Völkerrechtsverbrechen in Deutschland und bieten zahlreiche Impulse für Gesetzgebung und Praxis aus unterschiedlichen Perspektiven. Mit Beiträgen von Dr. Tanja Altunjan ; Prof. Dr. Stefanie Bock ; Prof. Dr. Boris Burghardt ; Dr. Anne Dienelt ; Anna-Julia Egger ; Prof. Dr. Aziz Epik ; Dr. Peter Frank ; Antonia Gillhaus ; Duscha Gmel ; Merle Iffert ; Prof. Dr. Florian Jeßberger ; Wolfgang Kaleck ; Dr. Patrick Kroker ; Prof. Dr. Dr. Milan Kuhli ; Prof. Dr. Chantal Meloni ; Prof. Dr. Stefan Oeter ; Prof. Dr. Tilman Repgen ; Nella Sayatz ; Prof. Dr. Jürgen Schäfer ; Andreas Schüller ; Prof. Dr. Leonie Steinl.
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Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, this handbook critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it also explores broader normative questions related to international punishment and makes recommendations for the international penal system's development.
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"International criminal law has witnessed a rapid rise after the end of the Cold War. The United Nations refers to the birth of a new 'age of accountability', but certain historical objections, such as selectivity or victor's justice, have never fully gone away, and many of the justice dimensions of international criminal law remain unexplored. Various critiques have emerged in socio-legal scholarship or globalization discourse, revealing that there is a stark discrepancy between reality and expectation ... [This book] explores these critiques through five main themes at the heart of contemporary dilemmas: the shifting contours of criminality and international crimes; the tension between individual and collective responsibility; the challenges of domestic, international, hybrid and regional justice institutions; the foundations of justice procedures; and approaches towards punishment and reparation."-- Back cover.
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One of the new trends affecting criminal justice systems is the so-called "Europeanisation process", which is the result of the growing intervention of the EU in the area of criminal law. Another new trend which criminal law and other legal disciplines are facing is the increasingly blurred dividing line between legal categories. Various dimensions of this unclear division between categories have been identified in legal literature, in particular between administrative and criminal law. This book aims to study the combination of the two abovementioned trends and their impact on criminal justice systems. The hazy line between administrative and criminal law has been around for a while and has grown independently of the European Union. Up until now, it has mainly been analysed at the national level in a sector by sector approach. This research aims to go beyond such an approach to the topic and sets a systematised assessment of the situation in motion. The main questions that this book tackles are whether and to what extent the EU contributes to the blurred line and whether it tries to restrict it, hold it in check and/or organise it. In order to reflect upon such issues, the book is divided into two parts. The first part focuses on an analysis of selected case studies, namely different types of crimes where the EU plays an increasing role: trafficking in human beings, terrorism, protection of the EU's financial interests, market abuse, environmental offences and competition. These case studies are ordered into four different categories based on how broad and significant the intervention of administrative measures/actors is in the fight against crime. The second part of the book is of a more general nature. Following an article concerning the organisation of the coexistence of administrative and criminal law at the national level, the other contributions focus on the EU level and aim to assess the influence of the EU on the existence and development of the hazy line between administrative and criminal law. Most of them show that the EU somehow contributes to the lack of clarity. They tend to identify the main reasons for this and the potential problems caused by the blurred line in terms of individual procedural safeguards and the effectiveness of the fight against crime. This book is the result of cooperation within an international team mainly composed of academics and researchers who are members of ECLAN (the European Criminal Law Academic Network) and of practitioners working at the national or EU level.
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This comprehensive introduction to international criminal law addresses the big issues in the subject from an interdisciplinary perspective. Expert contributors include international lawyers, judges, prosecutors, criminologists and historians, as well as the last surviving prosecutor of the Nuremberg Trials. Serving as a foundation for deeper study, each chapter explores key academic debates and provides guidelines for further reading. The book is organised around several themes, including institutions, crimes and trials. Purposes and principles place the discipline within a broader context, covering the relationship with human rights law, transitional justice, punishment and the imperatives of peace. Several tribunals are explored in depth, as are many emblematic trials. The book concludes with perspectives on the future.
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"This book addresses the conceptual and evidentiary issues relating to the treatment of propaganda in international criminal law. Bringing together an interdisciplinary range of scholars, researchers and legal practitioners from Africa, Australia, Europe and the United States, the book provides an in-depth analysis of the nature, position and role of the concept of propaganda in mass atrocity crimes trials. A sequel to the earlier Propaganda, War Crimes Trials and International Law: From Speakers Corner to War Crimes (Routledge, 2011) this book is the first to synthesize the knowledge, procedures and methods of international criminal law with the social cognitive sciences. Including a comprehensive overview of the most relevant case law, jurisprudence and scientific studies, the book also offers a series of practical insights and strategies for both academics and legal professionals. An invaluable resource for those working in the area of international criminal law, this book will also be of interest to academics, practitioners and students with relevant interests in legal theory, politics, linguistics and psychology" --
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