international criminal law practitioner library volume 1 forms of responsibility in international criminal law the international criminal law practitioner

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International Criminal Law Practitioner Library Volume 1 Forms Of Responsibility In International Criminal Law

Author : Gideon Boas
ISBN : 1139468537
Genre : Law
File Size : 54. 45 MB
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Volume I of the International Criminal Law Practitioner Library series focuses on the law of individual criminal responsibility applied in international criminal law, providing a thorough review of the forms of criminal responsibility. The authors present a critical analysis of the elements of individual criminal responsibility as set out in the statutory instruments of the international and hybrid criminal courts and tribunals and their jurisprudence. All elements are discussed, demystifying and untangling some of the confusion in the jurisprudence and literature on the forms of responsibility. The jurisprudence of the ICTY and the ICTR is the main focus of the book. Every trial and appeal judgement, as well as relevant interlocutory jurisprudence, up to 1 December 2006, has been surveyed, as has the relevant jurisprudence of other tribunals and the provisions in the legal instruments of the ICC, making this a highly relevant work.

International Criminal Law Practitioner Library

Author : Gideon Boas
ISBN : 9780521116305
Genre : Law
File Size : 59. 22 MB
Format : PDF
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"Volume 3 of the International Criminal Law Practitioner Library completes the review of international criminal law begun in Volumes 1 and 2, which analyse the forms of responsibility and the elements of the core crimes. This volume reviews the procedural law and practices of the international criminal tribunals from investigation to trial, appeal, and punishment, and examines the framework within which the substantive law operates. The authors present a critical study of those procedures that are essential to effective investigations and fair trials, and explore how the ICC, ICTY, and ICTR - as well as the SCSL and other internationalised tribunals, where relevant - have shaped the evolution of international criminal procedure in order to meet new challenges and changing circumstances. The key jurisprudence and rule amendments up to 1 December 2009 have been surveyed, making this a highly relevant and timely work"--

International Criminal Law Practitioner Library Volume 3

Author : Gideon Boas
ISBN : 9781107375383
Genre : Law
File Size : 78. 70 MB
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A comprehensive and invaluable reference work for practitioners, academics and students of international criminal law, this series critically examines a complex and important legal area. Volume I considers the criminal responsibility of individuals for the commission of war crimes, crimes against humanity, and genocide; Volume II focuses on these core international crimes and discusses their interaction with the forms of responsibility; and Volume III provides an evaluation of international criminal procedure and the rules and practices designed to ensure effective investigations and fair trials.

Forms Of Responsibility In International Criminal Law

Author : Boas Gideon Bischoff James L Reid Natalie L
ISBN : 0511464908
Genre : Law
File Size : 85. 62 MB
Format : PDF
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International Criminal Law

Author : Roger O'Keefe
ISBN : 9780191002984
Genre : Law
File Size : 85. 36 MB
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International Criminal Law provides a comprehensive overview of an increasingly integral part of public international law. It complements the usual accounts of the substantive law of those international crimes tried to date before international criminal courts and of the institutional law of those courts with in-depth analyses of fundamental formal juridical concepts such as an 'international crime' and an 'international criminal court'; with detailed examinations of the many international crimes provided for by way of multilateral treaty and of the attendant obligations and rights of states parties; and with sustained attention to the implementation of international criminal law at the national level. Direct, concise, and precise, International Criminal Law should prove a valuable resource for scholars and practitioners of the discipline of international criminal law.

Treatise On International Criminal Law

Author : Kai Ambos
ISBN : 9780191648861
Genre : Law
File Size : 88. 49 MB
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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.

Pluralism In International Criminal Law

Author : Elies van Sliedregt
ISBN : 9780191008290
Genre : Law
File Size : 69. 88 MB
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

International Criminal Law Practitioner Library

Author : Gideon Boas
ISBN : 1107003180
Genre : Law
File Size : 81. 25 MB
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An examination of the criminal responsibility of individuals for the commission of war crimes, crimes against humanity and genocide.

International Criminal Law Practitioner Library Volume 2 Elements Of Crimes Under International Law

Author : Gideon Boas
ISBN : 1107639026
Genre : Law
File Size : 27. 47 MB
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Volume II of the International Criminal Law Practitioner Library series focuses on the core categories of international crimes: crimes against humanity, genocide, and war crimes. The authors present a comprehensive and critical review of the law on the elements of these crimes and their underlying offences, and examine how they interact with the forms of responsibility discussed in Volume I. They also consider the effect of the focus in early ICTY and ICTR proceedings on relatively low-level accused for the development of legal definitions that are sometimes ill-suited for leadership cases, where the accused had little or no physical involvement in the crimes. The book's main focus is the jurisprudence of the ad hoc Tribunals, but the approaches of the ICC and the various hybrid tribunals are also given significant attention. The relevant jurisprudence up to 1 December 2007 has been surveyed, making this a highly useful and timely work.

Perpetrators And Accessories In International Criminal Law

Author : Neha Jain
ISBN : 9781782254102
Genre : Law
File Size : 26. 65 MB
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International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.

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