Author: Stefanie Bock
Publisher: Springer Nature
ISBN: 9462654670
Category : Law
Languages : en
Pages : 296
Book Description
This book presents a selection of revised and updated papers presented in September 2018 at the International Conference ‘Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives’, which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC). In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues. Stefanie Bock is Professor of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law in the Department of Law at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials. Eckart Conze is Professor of Modern and Contemporary History in the Department of History at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials.
Rethinking the Crime of Aggression
Author: Stefanie Bock
Publisher: Springer Nature
ISBN: 9462654670
Category : Law
Languages : en
Pages : 296
Book Description
This book presents a selection of revised and updated papers presented in September 2018 at the International Conference ‘Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives’, which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC). In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues. Stefanie Bock is Professor of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law in the Department of Law at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials. Eckart Conze is Professor of Modern and Contemporary History in the Department of History at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials.
Publisher: Springer Nature
ISBN: 9462654670
Category : Law
Languages : en
Pages : 296
Book Description
This book presents a selection of revised and updated papers presented in September 2018 at the International Conference ‘Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives’, which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC). In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues. Stefanie Bock is Professor of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law in the Department of Law at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials. Eckart Conze is Professor of Modern and Contemporary History in the Department of History at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials.
The Crime of Aggression
Author: Claus Kreß
Publisher: Cambridge University Press
ISBN: 1108107494
Category : Law
Languages : en
Pages :
Book Description
The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.
Publisher: Cambridge University Press
ISBN: 1108107494
Category : Law
Languages : en
Pages :
Book Description
The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.
The Crime of Aggression, Humanity, and the Soldier
Author: Tom Dannenbaum
Publisher:
ISBN: 1107169186
Category : Biography & Autobiography
Languages : en
Pages : 381
Book Description
Explores the moral and legal implications of the criminality of aggressive war for the soldiers who fight, kill and are killed.
Publisher:
ISBN: 1107169186
Category : Biography & Autobiography
Languages : en
Pages : 381
Book Description
Explores the moral and legal implications of the criminality of aggressive war for the soldiers who fight, kill and are killed.
The Oxford Handbook of International Criminal Law
Author: Darryl Robinson
Publisher: Oxford University Press
ISBN: 0192558889
Category : Law
Languages : en
Pages : 911
Book Description
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Publisher: Oxford University Press
ISBN: 0192558889
Category : Law
Languages : en
Pages : 911
Book Description
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
The Crime of Aggression in International Criminal Law
Author: Sergey Sayapin
Publisher: Springer Science & Business Media
ISBN: 9067049271
Category : Law
Languages : en
Pages : 354
Book Description
Since after the Second World War, the crime of aggression is – along with genocide, crimes against humanity and war crimes – a “core crime” under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the volume draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States ́ legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statute ́s substantive and procedural provisions pertaining to the exercise of the International Criminal Court ́s jurisdiction with respect to the crime of aggression, after 1 January 2017.
Publisher: Springer Science & Business Media
ISBN: 9067049271
Category : Law
Languages : en
Pages : 354
Book Description
Since after the Second World War, the crime of aggression is – along with genocide, crimes against humanity and war crimes – a “core crime” under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the volume draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States ́ legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statute ́s substantive and procedural provisions pertaining to the exercise of the International Criminal Court ́s jurisdiction with respect to the crime of aggression, after 1 January 2017.
International Criminal Law in Context
Author: Philipp Kastner
Publisher: Routledge
ISBN: 1317198999
Category : Law
Languages : en
Pages : 549
Book Description
International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
Publisher: Routledge
ISBN: 1317198999
Category : Law
Languages : en
Pages : 549
Book Description
International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
Rethinking Violence against Women
Author: Rebecca Emerson Dobash
Publisher: SAGE Publications
ISBN: 1452250553
Category : Psychology
Languages : en
Pages : 289
Book Description
Based on a series of international workshops sponsored by the Harry Frank Guggenheim Foundations, this cutting-edge volume advances theories, methodologies, and policy analyses relating to various forms of violence against women. Under the skillful editorship of Rebecca Emerson and Russell P. Dobash, Rethinking Violence Against Women is the joint effort of recognized anthropologists, psychologists, philosophers, sociologists, and historians in the field. Divided in three parts, this text takes a comprehensive examination of the following topics: +
Publisher: SAGE Publications
ISBN: 1452250553
Category : Psychology
Languages : en
Pages : 289
Book Description
Based on a series of international workshops sponsored by the Harry Frank Guggenheim Foundations, this cutting-edge volume advances theories, methodologies, and policy analyses relating to various forms of violence against women. Under the skillful editorship of Rebecca Emerson and Russell P. Dobash, Rethinking Violence Against Women is the joint effort of recognized anthropologists, psychologists, philosophers, sociologists, and historians in the field. Divided in three parts, this text takes a comprehensive examination of the following topics: +
The Limits of Blame
Author: Erin I. Kelly
Publisher: Harvard University Press
ISBN: 0674980778
Category : Philosophy
Languages : en
Pages : 241
Book Description
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Publisher: Harvard University Press
ISBN: 0674980778
Category : Philosophy
Languages : en
Pages : 241
Book Description
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
A Critical Introduction to International Criminal Law
Author: Carsten Stahn
Publisher: Cambridge University Press
ISBN: 1108423205
Category : Law
Languages : en
Pages : 467
Book Description
Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.
Publisher: Cambridge University Press
ISBN: 1108423205
Category : Law
Languages : en
Pages : 467
Book Description
Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.
Crimes Unspoken
Author: Miriam Gebhardt
Publisher: John Wiley & Sons
ISBN: 1509511237
Category : History
Languages : en
Pages : 198
Book Description
The soldiers who occupied Germany after the Second World War were not only liberators: they also brought with them a new threat, as women throughout the country became victims of sexual violence. In this disturbing and carefully researched book, the historian Miriam Gebhardt reveals for the first time the scale of this human tragedy, which continued long after the hostilities had ended. Discussion in recent years of the rape of German women committed at the end of the war has focused almost exclusively on the crimes committed by Soviet soldiers, but Gebhardt shows that this picture is misleading. Crimes were committed as much by the Western Allies – American, French and British – as by the members of the Red Army. Nor was the suffering limited to the immediate aftermath of the war. Gebhardt powerfully recounts how raped women continued to be the victims of doctors, who arbitrarily granted or refused abortions, welfare workers, who put pregnant women in homes, and wider society, which even today prefers to ignore these crimes. Crimes Unspoken is the first historical account to expose the true extent of sexual violence in Germany at the end of the war, offering valuable new insight into a key period of 20th century history.
Publisher: John Wiley & Sons
ISBN: 1509511237
Category : History
Languages : en
Pages : 198
Book Description
The soldiers who occupied Germany after the Second World War were not only liberators: they also brought with them a new threat, as women throughout the country became victims of sexual violence. In this disturbing and carefully researched book, the historian Miriam Gebhardt reveals for the first time the scale of this human tragedy, which continued long after the hostilities had ended. Discussion in recent years of the rape of German women committed at the end of the war has focused almost exclusively on the crimes committed by Soviet soldiers, but Gebhardt shows that this picture is misleading. Crimes were committed as much by the Western Allies – American, French and British – as by the members of the Red Army. Nor was the suffering limited to the immediate aftermath of the war. Gebhardt powerfully recounts how raped women continued to be the victims of doctors, who arbitrarily granted or refused abortions, welfare workers, who put pregnant women in homes, and wider society, which even today prefers to ignore these crimes. Crimes Unspoken is the first historical account to expose the true extent of sexual violence in Germany at the end of the war, offering valuable new insight into a key period of 20th century history.