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BOOK EXCERPT:
What exactly is the context in which all aspects of this new field of criminal law have to be interpreted? What does the principle of legality mean in the context of supranational criminal law? Which tradition lies at the basis of this new law system? Is supranational criminal law as it grows the result of a deliberate policy, tending towards a coherent system? Or is it merely the result of crisis management?
Product Details :
Genre |
: Criminal law |
Author |
: Roelof Haveman |
Publisher |
: Intersentia nv |
Release |
: 2003 |
File |
: 384 Pages |
ISBN-13 |
: 9789050953146 |
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BOOK EXCERPT:
The 1996 report of the United Nations Special Rapporteur on Rwanda stated that during the 1994 genocide in Rwanda rape was the rule and its absence the exception. Indeed, rape and other forms of sexual violence as constituting genocide, crimes against humanity or war crimes, directed in particular against women, have taken place on a massive scale since time immemorial and are still rampant.
Product Details :
Genre |
: Crime against humanity |
Author |
: Anne-Marie L. M. de Brouwer |
Publisher |
: Intersentia nv |
Release |
: 2005 |
File |
: 583 Pages |
ISBN-13 |
: 9789050955331 |
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BOOK EXCERPT:
Principles of International Criminal Law is one of the leading textbooks in the field of international criminal justice. This fourth edition retains the detailed and systematic approach of previous editions, whist adding substantial new material on new theories, laws, and prosecutions.
Product Details :
Genre |
: Law |
Author |
: Gerhard Werle |
Publisher |
: Oxford University Press, USA |
Release |
: 2020 |
File |
: 721 Pages |
ISBN-13 |
: 9780198826859 |
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BOOK EXCERPT:
The supranational system is still under construction and will be so for at least some decades before it can be called a consistent system with an intrinsic logic. Sentencing and sanctioning is one of the issues in which this becomes clear. The ICC-complementarity principle, the principle of legality, the execution of sanctions, and the relation of the supranational system to domestic systems such as the Rwandan gacaca, are all topics to be thoroughly discussed. The uplifting of a penal system from a relatively small community - an individual state - with relative agreement on basic aspects of punishing, to the mondial, per definition heterogeneous, level, where no such agreement exists, reveals many controversies. Opinions on all aspects of sanctioning differ widely all over the world. What is the proper sanction for a crime against humanity or an act of genocide? And whom to punish? Controversy exists regarding States, children (child soldiers) and mentally incapable offenders as punishable subjects. Questionable also are the goals of the supranational criminal justice system, and whether these goals are achieved. Too often these supranational goals seem to be supra-natural as well. Goals steer the system in choosing the number of accused to be prosecuted and judged and the quality of its proceedings, but also questions such as whether a detainee has the right to be visited by a prostitute. These are some of the questions that are highlighted in this fourth Volume of the Supranational Criminal Law series
Product Details :
Genre |
: Law |
Author |
: Roelof Haveman |
Publisher |
: |
Release |
: 2006 |
File |
: 226 Pages |
ISBN-13 |
: STANFORD:36105063752708 |
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BOOK EXCERPT:
International criminal law has developed considerably in the last decade and a half, resulting in a complex and re-invigorated discipline. This has impacted directly on the popularity of the study of the subject, particularly on postgraduate law degrees. This textbook serves these courses by providing an introduction to the principles of international criminal law and processes. Written by four international lawyers with experience of teaching international criminal law, it is accessible yet sophisticated in its approach. It covers substantive international criminal law, the institutions designed to enforce it and their procedures, and the international law applicable to domestic prosecutions of international crimes. It will be essential reading for students and teachers of international criminal law. In addition, practitioners and researchers in the field (and in related fields such as criminal law), students of international law and international relations will find this introduction invaluable.
Product Details :
Genre |
: Law |
Author |
: Robert Cryer |
Publisher |
: Cambridge University Press |
Release |
: 2007-06-14 |
File |
: 456 Pages |
ISBN-13 |
: 9781139465120 |
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BOOK EXCERPT:
Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security and justice. The phenomenon of EU criminal law as such is however far from new but has developed on an ad hoc basis, not least as a result of the case law of the European Court of Justice. Central to the Court's reasoning in this area has been the principle of effectiveness. A main theme running through the book is therefore the role of the axiom of effectiveness, which is critically examined, with particular attention to its use by the European Ccurt of Justice in recent leading cases. This book explores the constitutional principles underlying it, both those determining the substantive values it embodies, and those determining its scope and extent. Other chapters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity and proportionality in EU criminal law. The balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU.
Product Details :
Genre |
: Law |
Author |
: Ester Herlin-Karnell |
Publisher |
: Bloomsbury Publishing |
Release |
: 2012-05-31 |
File |
: 205 Pages |
ISBN-13 |
: 9781847319548 |
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BOOK EXCERPT:
Justice Without Borders is the theme of this collection of essays that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018. The contributions of distinguished authors in the area of international criminal law, European criminal law and international cooperation focus on topics that are important for Wolfgang Schomburg: the pursuit of international criminal justice with respect for the interests of the accused, the facilitation of international cooperation subject to the rule of law, and the principle of fair trial .
Product Details :
Genre |
: Law |
Author |
: Martin Böse |
Publisher |
: BRILL |
Release |
: 2018-01-16 |
File |
: 484 Pages |
ISBN-13 |
: 9789004352063 |
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BOOK EXCERPT:
Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume Treatise on International Criminal Law presents a foundational, systematic, consistent and comprehensive analysis of international criminal law. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This first volume addresses the foundations of international criminal law and the emerging general principles. It examines the history of the discipline and the concepts behind it. Looking at the sources of international criminal law, the book then moves to investigate the general structure of crime in international criminal law, and to address in detail the role played by the concept of individual criminal responsibility. The subjective requirements of criminal responsibility are examined, and also those defences that exclude such responsibility. The full three-volume treatise will address the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It will be essential reading for practitioners, scholars, and students of international criminal law alike.
Product Details :
Genre |
: Law |
Author |
: Kai Ambos |
Publisher |
: OUP Oxford |
Release |
: 2013-01-24 |
File |
: 520 Pages |
ISBN-13 |
: 9780191648861 |
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BOOK EXCERPT:
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Russia. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Russia. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.
Product Details :
Genre |
: Law |
Author |
: Svetlana Paramonova |
Publisher |
: Kluwer Law International B.V. |
Release |
: 2021-01-22 |
File |
: 403 Pages |
ISBN-13 |
: 9789403531212 |
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BOOK EXCERPT:
This book adopts a critical criminological approach to analyze the production, representation and role of crime in the emerging international order. It analyzes the role of power and its influence on the dynamics of criminalization at an international level, facilitating an examination of the geopolitics of international criminal justice. Such an approach to crime is well-developed in domestic criminology; however, this critical approach is yet to be used to explore the relationship between power, crime and justice in an international setting. This book brings together contrasting opinions on how courts, prosecutors, judges, NGOs, and other bodies act to reflexively produce the social reality of international justice. In doing this, it bridges the gaps between the fields of sociology, criminology, international relations, political science, and international law to explore the problems and prospects of international criminal justice and illustrate the role of crime and criminalization in a complex, evolving, and contested international society.
Product Details :
Genre |
: Social Science |
Author |
: Willem de Lint |
Publisher |
: Routledge |
Release |
: 2014-01-03 |
File |
: 310 Pages |
ISBN-13 |
: 9781135078485 |