Contemporary International Criminal Law Issues

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This book critically analyses diverse international criminal law (ICL) issues in light of recent developments in the international criminal justice system following the pursuit of accountability in Africa and around the world. It gives a scholarly analysis of issues pertaining to ICL and the pursuit of accountability in Africa by way of several topics including universal jurisdiction in Africa, Boko Haram in Nigeria, the legitimacy of the ICTR, the law of genocide committed against the Herero and Nama peoples, the African perspective on international co-operation in criminal matters, the Malabo Protocol, and whether an African Regional Court is a viable alternative to the ICC. Further discussed are other aspects of ICL, such as prosecuting sexual and gender-based crimes at the ICC, sexual and gender-based crimes perpetrated against men, guilty pleas within ICL and slavery within international criminal justice. With this, the book also refers to the jurisprudence of several international courts and tribunals including the ICTR, the ICTY, the SCSL, the ICC, the ECCC, the KSC, and the STL. This timely contributed volume updates international criminal law experts, practitioners, academics, human rights activists and other stakeholders on contemporary developments in ICL and provides recommendations that address accountability for mass atrocity crimes and ideas for strategic ICL litigation at the national, international, regional and sub-regional levels. It will prompt constructive exchanges on what can be improved in prosecuting mass atrocity crimes around the world. Takeh B.K. Sendze is an Advocate and Legal Officer with the United Nations International Residual Mechanism for Criminal Tribunals in Arusha, Tanzania. Adesola Adeboyejo is a Trial Lawyer at the International Criminal Court. Sir Howard Morrison QC is a former International Judge and an Associate Tenant at Doughty Street Chambers in London, United Kingdom. Sophia Ugwu is a Solicitor and Advocate who founded the Centre for African Justice, Peace and Human Rights in The Hague, The Netherlands.

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Genre : Law
Author : Takeh B. K. Sendze
Publisher : Springer Nature
Release : 2023-03-28
File : 457 Pages
ISBN-13 : 9789462655553


State Sovereignty And International Criminal Law

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'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

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Genre : Law
Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
Release : 2012-11-19
File : 300 Pages
ISBN-13 : 9788293081357


International Crimes Law And Practice

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Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This second volume discusses in detail crimes against humanity.

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Genre : Law
Author : Guénaël Mettraux
Publisher : Oxford University Press
Release : 2020-05-27
File : 1358 Pages
ISBN-13 : 9780192603913


International Criminal Law Cases And Commentary

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The decisions presented in the book are helpfully accompanied by short introductions setting out the circumstances of each case and brief commentaries on the importance of the decision and principles illustrated. --Book Jacket.

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Genre : Law
Author : Antonio Cassese
Publisher : Oxford University Press
Release : 2011-02-24
File : 644 Pages
ISBN-13 : 9780199576784


Islam And International Criminal Law And Justice

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This book explores a broad range of issues on Islam and international criminal law and justice. Ten authors shed detailed light on the relationship between Islam, Islamic law and Islamic thought and international criminal law.

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Genre : Law
Author : Tallyn Gray
Publisher : Torkel Opsahl Academic EPublisher
Release : 2018-11-16
File : 270 Pages
ISBN-13 : 9788283481884


Substantive And Procedural Aspects Of International Criminal Law 1 Commentary

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Vol. II, Part 1.

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Genre : Law
Author : Gabrielle Kirk MacDonald
Publisher : BRILL
Release : 2000-03
File : 730 Pages
ISBN-13 : 9041111336


The Defence Of Mistake Of Law In International Criminal Law

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The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.

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Author : Antonio Coco
Publisher : Oxford University Press
Release : 2022-08-04
File : 305 Pages
ISBN-13 : 9780192895745


Historical Origins Of International Criminal Law

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Genre : Law
Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
Release : 2015-11-19
File : 845 Pages
ISBN-13 : 9788283480146


Defense Perspectives On International Criminal Justice

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In this book, leading international practitioners and scholars offer a unique defence perspective on the proper administration of international criminal justice

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Genre : Law
Author : Gentian Zyberi
Publisher : Cambridge University Press
Release : 2017-04-27
File : 629 Pages
ISBN-13 : 9781107086678


International And National Law In Russia And Eastern Europe

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The disappearance of the USSR as a superpower, to be replaced by the Russian Federation and a host of new states, has had wide-ranging consequences in the field of law. The establishment of market economies and the need to set up institutional frameworks to foster the rule of law have precipitated comprehensive domestic law reforms in the countries concerned. The major focus of the present work, however, is on the metamorphosis of the network of international law relations, brought about by the fundamental change in the political and constitutional climate and the emergence of numerous new actors. Apart from the relations between states as the classical province of international law, the impact of international law on national legal orders has acquired overwhelming importance and the successor states of the Soviet Union have not escaped the effect of this development. Some of the most urgent questions thrown up by these developments are analyzed by a team of leading legal specialists from the Russian Federation, North America, and Western Europe.

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Genre : Law
Author : Ferdinand J.M. Feldbrugge
Publisher : BRILL
Release : 2021-11-22
File : 489 Pages
ISBN-13 : 9789004480766