Author: Marcelo Gustavo Kohen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004153837
Category : Law
Languages : en
Pages : 1275
Book Description
This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.
La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International
Author: Marcelo Gustavo Kohen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004153837
Category : Law
Languages : en
Pages : 1275
Book Description
This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004153837
Category : Law
Languages : en
Pages : 1275
Book Description
This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.
Sentencing in International Criminal Law
Author: Silvia D'Ascoli
Publisher: Bloomsbury Publishing
ISBN: 1847318169
Category : Law
Languages : en
Pages : 422
Book Description
This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.
Publisher: Bloomsbury Publishing
ISBN: 1847318169
Category : Law
Languages : en
Pages : 422
Book Description
This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.
Victors' Justice
Author: Danilo Zolo
Publisher: Verso Books
ISBN: 1788736656
Category : Political Science
Languages : en
Pages : 251
Book Description
Victors’ Justice is a potent and articulate polemic against the manipulation of international penal law by the West, combining historical detail, juridical precision and philosophical analysis. Zolo’s key thesis is that contemporary international law functions as a two-track system: a made-to-measure law for the hegemons and their allies, on the one hand, and a punitive regime for the losers and the disadvantaged, on the other. Though it constantly advertised its impartiality and universalism, international law served to bolster and legitimize, ever since the Tokyo and Nuremberg trials, a fundamentally unilateral and unequal international order.
Publisher: Verso Books
ISBN: 1788736656
Category : Political Science
Languages : en
Pages : 251
Book Description
Victors’ Justice is a potent and articulate polemic against the manipulation of international penal law by the West, combining historical detail, juridical precision and philosophical analysis. Zolo’s key thesis is that contemporary international law functions as a two-track system: a made-to-measure law for the hegemons and their allies, on the one hand, and a punitive regime for the losers and the disadvantaged, on the other. Though it constantly advertised its impartiality and universalism, international law served to bolster and legitimize, ever since the Tokyo and Nuremberg trials, a fundamentally unilateral and unequal international order.
Principles of International Criminal Law
Author: Gerhard Werle
Publisher: OUP Oxford
ISBN: 019100863X
Category : Law
Languages : en
Pages : 787
Book Description
Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.
Publisher: OUP Oxford
ISBN: 019100863X
Category : Law
Languages : en
Pages : 787
Book Description
Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.
Bibliography on International Criminal Law By..
Author: Christian Eliaerts
Publisher: BRILL
ISBN: 9789028601727
Category : Law
Languages : en
Pages : 482
Book Description
Publisher: BRILL
ISBN: 9789028601727
Category : Law
Languages : en
Pages : 482
Book Description
International Criminal Tribunals and Domestic Accountability
Author: Labuda
Publisher: Oxford University Press
ISBN: 0198868847
Category : Law
Languages : en
Pages : 369
Book Description
In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level. Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, this book develops a tripartite framework to analyse how states and tribunals work with, despite, or against one another in the fight against impunity. While international prosecutors and judges use the principle of complementarity to foster cooperation and decrease tension with government actors, Patryk I. Labuda argues that too much deference by ICTs toward states reduces the likelihood of accountability and may enable national elites to consolidate authoritarian power. By interrogating how international accountability stakeholders relate to their domestic counterparts, International Criminal Tribunals and Domestic Accountability advocates improvements to ICTs' institutional design and more dynamic interactions with states to strengthen the enforcement of international criminal law.
Publisher: Oxford University Press
ISBN: 0198868847
Category : Law
Languages : en
Pages : 369
Book Description
In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level. Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, this book develops a tripartite framework to analyse how states and tribunals work with, despite, or against one another in the fight against impunity. While international prosecutors and judges use the principle of complementarity to foster cooperation and decrease tension with government actors, Patryk I. Labuda argues that too much deference by ICTs toward states reduces the likelihood of accountability and may enable national elites to consolidate authoritarian power. By interrogating how international accountability stakeholders relate to their domestic counterparts, International Criminal Tribunals and Domestic Accountability advocates improvements to ICTs' institutional design and more dynamic interactions with states to strengthen the enforcement of international criminal law.
The International Criminal Court and National Jurisdictions
Author: Mauro Politi
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754674368
Category : Law
Languages : en
Pages : 200
Book Description
This latest addition to the Trento Conference Series brings together a wide range of leading scholars, diplomats and representatives of international organizations to address issues at the heart of the substantive and procedural law of the Court. Examining aspects of national implementation and international cooperation, the book discusses a broad range of topics and provides an important contribution to ongoing debates surrounding International Criminal Law and the International Criminal Court.
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754674368
Category : Law
Languages : en
Pages : 200
Book Description
This latest addition to the Trento Conference Series brings together a wide range of leading scholars, diplomats and representatives of international organizations to address issues at the heart of the substantive and procedural law of the Court. Examining aspects of national implementation and international cooperation, the book discusses a broad range of topics and provides an important contribution to ongoing debates surrounding International Criminal Law and the International Criminal Court.
The International Criminal Court
Author: William Schabas
Publisher: Oxford University Press, USA
ISBN: 0199560730
Category : Law
Languages : en
Pages : 1331
Book Description
The International Criminal Court has been operational since mid-2003, following the entry into force of the Rome Statute of the International Criminal Court on 1 July 2002. The Rome Statute is among the most complex international treaties, a combination of public international law, international humanitarian law and criminal law, both international and domestic. The Commentary provides an article-by-article analysis of the Statute. Each of the 128 articles is presented accompanied by a bibliography of academic literature relevant to that provision, an overview of the drafting history of the provision and an analysis of the text. The analytical portion of each chapter draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and the related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence and the Relationship Agreement with the United Nations. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret and apply the complex provisions of the Rome Statute
Publisher: Oxford University Press, USA
ISBN: 0199560730
Category : Law
Languages : en
Pages : 1331
Book Description
The International Criminal Court has been operational since mid-2003, following the entry into force of the Rome Statute of the International Criminal Court on 1 July 2002. The Rome Statute is among the most complex international treaties, a combination of public international law, international humanitarian law and criminal law, both international and domestic. The Commentary provides an article-by-article analysis of the Statute. Each of the 128 articles is presented accompanied by a bibliography of academic literature relevant to that provision, an overview of the drafting history of the provision and an analysis of the text. The analytical portion of each chapter draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and the related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence and the Relationship Agreement with the United Nations. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret and apply the complex provisions of the Rome Statute
The International Criminal Court
Author: William A. Schabas
Publisher: Oxford University Press
ISBN: 0191060305
Category : Law
Languages : en
Pages : 2251
Book Description
Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
Publisher: Oxford University Press
ISBN: 0191060305
Category : Law
Languages : en
Pages : 2251
Book Description
Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
International Legal Issues Arising Under the United Nations Decade of International Law
Author: Al-Nauimi
Publisher: Martinus Nijhoff Publishers
ISBN: 9004640592
Category : Law
Languages : en
Pages : 1370
Book Description
The State of Qatar, the Asian-African Legal Consultative Committee (AALCC), in cooperation with the Secretariat of the United Nations and Frère Cholmeley (Paris) organised the Conference on International Legal Issues Arising under the United Nations Decade of International Law in Doha, Qatar on 22--25 March 1994. Around 60 speakers and 200 participants from more than 40 nations freely expressed their views on the progressive development of international law and its codification with a view to States' actions in the future adhering to the principles of international law as enshrined in the Charter of the United Nations. The subjects dealt with by the Conference had one thing in common: they were all topical issues or, in French, `des questions d'actualité', and will remain thus throughout the United Nations Decade of International Law. The various themes were Environmental Law, the Law of the Sea, the Settlement of Disputes, Humanitarian Law, and the Rio Conference, Post-Rio and the New International Economic Order. This book which contains the Conference proceedings will be of great interest to lawyers specializing in international law. The book is not only a photograph of some very important issues as they existed and were perceived in 1994, it will also serve as a reference book and a unique tool which will be indispensable to understanding some of the most crucial legal problems with which the world community is faced today.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004640592
Category : Law
Languages : en
Pages : 1370
Book Description
The State of Qatar, the Asian-African Legal Consultative Committee (AALCC), in cooperation with the Secretariat of the United Nations and Frère Cholmeley (Paris) organised the Conference on International Legal Issues Arising under the United Nations Decade of International Law in Doha, Qatar on 22--25 March 1994. Around 60 speakers and 200 participants from more than 40 nations freely expressed their views on the progressive development of international law and its codification with a view to States' actions in the future adhering to the principles of international law as enshrined in the Charter of the United Nations. The subjects dealt with by the Conference had one thing in common: they were all topical issues or, in French, `des questions d'actualité', and will remain thus throughout the United Nations Decade of International Law. The various themes were Environmental Law, the Law of the Sea, the Settlement of Disputes, Humanitarian Law, and the Rio Conference, Post-Rio and the New International Economic Order. This book which contains the Conference proceedings will be of great interest to lawyers specializing in international law. The book is not only a photograph of some very important issues as they existed and were perceived in 1994, it will also serve as a reference book and a unique tool which will be indispensable to understanding some of the most crucial legal problems with which the world community is faced today.