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Author: Roberta Arnold
Publisher: Brill Nijhoff
ISBN:
Category : Law
Languages : en
Pages : 406
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Book Description
This informative text analyses the deficiencies of the existing counter-terrorism legal framework and examines whether the Statute of the International Criminal Court (ICC) could provide an alternative and viable solution. The major objective of the work is to assess whether acts usually referred to as 'terrorism' in the common language, present the elements of war crimes, crimes against humanity, genocide and aggression, thereby falling within the jurisdiction of the ICC. Amongst the highlights are a comparison between the definitions provided by existing international law and the recently adopted ICC Statute; an analysis of the strengths and weaknesses of the principal international anti-terrorism conventions; and whether so-called acts of terrorism may constitute war crimes, crimes against humanity, genocide, and aggression, both under traditional international law and the ICC Statute.
Author: Roberta Arnold
Publisher: Brill Nijhoff
ISBN:
Category : Law
Languages : en
Pages : 406
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Book Description
This informative text analyses the deficiencies of the existing counter-terrorism legal framework and examines whether the Statute of the International Criminal Court (ICC) could provide an alternative and viable solution. The major objective of the work is to assess whether acts usually referred to as 'terrorism' in the common language, present the elements of war crimes, crimes against humanity, genocide and aggression, thereby falling within the jurisdiction of the ICC. Amongst the highlights are a comparison between the definitions provided by existing international law and the recently adopted ICC Statute; an analysis of the strengths and weaknesses of the principal international anti-terrorism conventions; and whether so-called acts of terrorism may constitute war crimes, crimes against humanity, genocide, and aggression, both under traditional international law and the ICC Statute.
Author: Roberta Arnold
Publisher: BRILL
ISBN: 9004479651
Category : Law
Languages : en
Pages : 400
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Book Description
THE ICC AS A NEW INSTRUMENT FOR REPRESSING TERRORISM received the 2004 Honorable Mention Award of ASIL's Francis Lieber Society. Its author, Roberta Arnold, received the Walther Hug Prize for being one of the top Swiss PhDs in 2004. This insightful work analyzes the deficiencies of the existing counter-terrorism framework and assesses whether acts commonly referred to as "terrorism" are actually war crimes, crimes against humanity, genocide, and aggression, thereby falling within the jurisdiction of the International Criminal Court. Following a discussion of the international law definition of terrorism, in particular the anti-terrorism conventions and international humanitarian law, the author sets about constructing her own working definition of terrorism. Strengths and weaknesses of the principal international anti-terrorism conventions are examined in the first part of this book. The second section discusses whether so-called acts of terrorism may constitute war crimes, crimes against humanity, genocide, and aggression, both under traditional international law and under the ICC Statute. The viability of resorting to the ICC as an effective instrument for a comprehensive repression of terrorism is addressed in the third section. Published under the Transnational Publishers imprint.
Author: Ciara Damgaard
Publisher: Springer Science & Business Media
ISBN: 354078781X
Category : Law
Languages : en
Pages : 461
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Book Description
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 Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept 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 inter- tional 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 - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.
Author: Satvinder S. Juss
Publisher: Routledge
ISBN: 1351006045
Category : Law
Languages : en
Pages : 290
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Book Description
This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia. Bringing together academics and experts from a variety of jurisdictions, it reflects upon the impact on human rights of the application of more than a decade of the "War on Terror" as enunciated soon after 9/11. The volume identifies and critically examines the principal and enduring resonances of the concept of the "War on Terror". The examination covers not only the obvious impacts but also the more insidious and enduring changes within domestic laws. The rationale for this collection is therefore not just to plot how the "War on Terror" has operated within the folds of the cloak of liberal democracy, but how they render that cloak ragged, especially in the sight of those sections of society who pay the heaviest price in terms of their human rights. This book engages with the public policy strand of the last decade that has arguably most shaped perceptions of human rights and engendered debates about their worth and meaning. It will be of interest to researchers, academics, practitioners, and students in the fields of human rights law, criminal justice, criminology, politics, and international studies.
Author: Alex Schmid
Publisher: Taylor & Francis
ISBN: 1136810404
Category : History
Languages : en
Pages : 737
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Book Description
This major new Handbook synthesises more than two decades of scholarly research, and provides a comprehensive overview of the field of terrorism studies. The content of the Handbook is based on the responses to a questionnaire by nearly 100 experts from more than 20 countries as well as the specific expertise and experience of the volume editor and the various contributors. Together, they guide the reader through the voluminous literature on terrorism, and propose a new consensus definition of terrorism, based on an extensive review of existing conceptualisations. The work also features a large collection of typologies and surveys a wide range of theories of terrorism. Additional chapters survey terrorist databases and provide a guide to available resources on terrorism in libraries and on the Internet. It also includes the most comprehensive World Directory of Extremist, Terrorist and other Organizations associated with Guerrilla Warfare, Political Violence, Protest and Organized- and Cyber-Crime. The Routledge Handbook of Terrorism Research will be an essential work of reference for students and researchers of terrorism and political violence, security studies, criminology, political science and international relations, and of great interest to policymakers and professionals in the field of counter-terrorism.
Author: Alex Peter Schmid
Publisher: Taylor & Francis
ISBN: 0415411572
Category : History
Languages : en
Pages : 738
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Book Description
This volume is a monumental collection of definitions, conceptual frameworks, paradigmatic formulations, and bibliographic sources, which is now being revised and updated as a resource for the expanding community of researchers on the subject of terrorism.
Author: Ben Saul
Publisher: Edward Elgar Publishing
ISBN: 1788972228
Category : Law
Languages : en
Pages : 752
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Book Description
This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
Author: Anna Marie Brennan
Publisher: Routledge
ISBN: 1351965689
Category : Law
Languages : en
Pages : 256
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Book Description
Attacks by network-based transnational terrorist groups cause on average 25,000 deaths every year worldwide, with the law enforcement agencies of some states facing many challenges in bringing those responsible to justice. Despite various attempts to codify the law on transnational terrorism since the 1930s, a crime of transnational terrorism under international law remains contested, reflecting concerns regarding the relative importance of prosecuting members of transnational terrorist groups before the International Criminal Court. This book critically examines the limits of international criminal law in bringing members of transnational terrorist groups to justice in the context of changing methods of warfare, drawing from human rights, sociology, and best practices in international criminal justice. Drawing on organisational network theory, Anna Marie Brennan explores the nature of international crimes and assesses the potential for the International Criminal Court to prosecute and investigate alleged crimes perpetrated by members of transnational terrorist groups, paying particular attention to their modus operandi and organisational structure. This book argues that because of the network-based organisational structure of some transnational terrorist groups, achieving justice for victims will prove challenging, in the context of the relationship between the commanders and the subordinate members of the group requiring a re-evaluation of accountability mechanisms at the international level. In advancing an innovative perspective on the accountability of members of transnational terrorist groups, and in offering solutions to current challenges, the book will be of great interest and use to academic, practitioners, and students engaged in the study of terrorism, the ICC, or international humanitarian law.
Author: Marja Lehto
Publisher: Martinus Nijhoff Publishers
ISBN: 9004178074
Category : Political Science
Languages : en
Pages : 533
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Book Description
The book offers several perspectives to the analysis of the expansion and diversification of international legal responses to terrorism. It focuses, in particular, on the move during the past decade towards more indirect forms of responsibility.
Author: Katja L.H. Samuel
Publisher: Routledge
ISBN: 1351948164
Category : Law
Languages : en
Pages : 638
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Book Description
The articles and essays in this volume consider the problem of international terrorism from an international legal perspective. The articles address a range of issues starting with the dilemma of how to reach agreement on what constitutes terrorism and how to encapsulate this in a legitimate definition. The essays move on to examine the varied responses to terrorism by states and international organisations. These responses range from the suppression conventions of the Cold War, which were directed at criminalising and punishing various manifestations of terrorism, to more coercive, executive-led responses. Finally, the articles consider the role of the Security Council in developing legal regimes to combat terrorism, for example by the use of targeted sanctions, or by general legislative measures. An evaluation of the contribution of the sum of these measures to the goals of peace and security as embodied in the UN Charter is central to this collection.
