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Sentencing at the International Criminal Court

Sentencing at the International Criminal Court Author Alice Riccardi
ISBN-10 9788892104297
Release 2016-09-26
Pages 280
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This book covers sentencing in international criminal law with a particular focus on the International Criminal Court. The author gives a critical examination of the issue of sentencing rationales in international criminal law including an overview of the theories advanced by scholars.The first section studies whether it is possible to find a norm of international law providing for the aims of sentences in the law and practice of pure international criminal jurisdictions created before the entry into force of the Statute of the International Criminal Court. The second section analyses the issue of sentencing at the International Criminal Court, by focusing on the provisions of its Statute, on the relevant rules of internationally recognized human rights law and on the Court’s first practice. The book concludes with a re-organization of principles and thus offers a consistent approach to the penal justifications of sentencing for the International Criminal Court.



The Nuremberg Military Tribunals and the Origins of International Criminal Law

The Nuremberg Military Tribunals and the Origins of International Criminal Law Author Kevin Jon Heller
ISBN-10 9780191652868
Release 2012-10-11
Pages 536
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This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes-crimes against peace, war crimes, and crimes against humanity-as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.



Sentencing in International Criminal Law

Sentencing in International Criminal Law Author Silvia D'Ascoli
ISBN-10 9781847316448
Release 2011-04-01
Pages 422
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This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.



Appeal and Sentence in International Criminal Law

Appeal and Sentence in International Criminal Law Author Jan Philipp Book
ISBN-10 9783830527169
Release 2011-01-01
Pages 324
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HauptbeschreibungThe International Tribunals for the former Yugoslavia and Rwanda hold far-reaching sentencing powers. At the same time, consistency and fairness in sentencing are of utmost important to the practice of the Tribunals. Accordingly, the sentencing powers of the Tribunals demand for a system of control. One crucial procedural safeguard to facilitate such control is the scrutiny exercised by the Appeals Chamber. This study analyses both sentencing and appellate law in the International Tribunals. Its fundamental objective is to ensure consistency in punishment by means of appellate review.The study analyses the substantive guidelines for the sentencing decision and describes how these have evolved in the practice of the Tribunals. It then explores the nature and scope of the appeal. In doing so it examines the most important procedural devices and instruments and assesses their practical importance to the appellate process. Finally, it analyses the importance the respective practice of the Tribunals will hold for the future practice of the International Criminal Court.



The International Criminal Court

The International Criminal Court Author Andrew Novak
ISBN-10 9783319158327
Release 2015-03-11
Pages 116
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This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.



Treatise on International Criminal Law

Treatise on International Criminal Law Author Kai Ambos
ISBN-10 9780199665600
Release 2014-01
Pages 339
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This is the second of three volumes of a treatise on the principles and practice of international criminal law, from its foundations to its future. Volume 2 analyses the the substantive part of international criminal law dealing with the core crimes, including genocide, crimes against humanity, war crimes, and aggression, as well as sentencing.



Sentencing in International Criminal Law

Sentencing in International Criminal Law Author Silvia D'Ascoli
ISBN-10 9781847318169
Release 2011-04-01
Pages 422
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This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.



From Nuremberg to The Hague

From Nuremberg to The Hague Author Philippe Sands
ISBN-10 0521536766
Release 2003-03-06
Pages 192
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A 2003 collection of lectures examining the evolution of international criminal justice from World War II to date.



Complicity in International Criminal Law

Complicity in International Criminal Law Author Marina Aksenova
ISBN-10 9781509900107
Release 2016-12-15
Pages 344
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This book tackles one of the most contentious aspects of international criminal law Â? the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion.



The Right to a Fair Trial in International Criminal Proceedings

The Right to a Fair Trial in International Criminal Proceedings Author Mbuayang Collins
ISBN-10 9462368570
Release 2018-06
Pages 540
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This book examines the right to a fair trial in international criminal proceedings from a human right perspective drawing mainly from General Comments, Individual Communications to the Human Right Committee and the jurisprudence of international criminal tribunals and courts. The author shows the extent to which international and hybrid criminal courts specifically ICTY and ICTR uphold human rights standards as lay down in the ICCPR. Even though these ad hoc tribunals have been criticized for lengthy trials, they have generously granted accused individuals enormous privileges such as the right to self-representation which is not possible in the ECtHR. To reconcile this situation, the author proposed that the ad hoc tribunals could adopt the approach of the ECtHR with regards to length of proceedings while the ECtHR can learn from the ad hoc tribunals with regards to self-representation. It is hoped that this volume will be of interest to scholars of international criminal law and human rights, students, experts in transitional justice and judges in international and local jurisdictions. [Subject: International Law, Criminal Law, Human Rights Law]



International Criminal Law

International Criminal Law Author M. Cherif Bassiouni
ISBN-10 9789004165304
Release 2008
Pages 722
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Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victimsa (TM) Rights in International Law).



Power and Principle

Power and Principle Author Rudolph Christopher
ISBN-10 9781501708411
Release 2017-04-01
Pages 232
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On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world's most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.



Beyond Victor s Justice The Tokyo War Crimes Trial Revisited

Beyond Victor s Justice  The Tokyo War Crimes Trial Revisited Author Yuki Tanaka
ISBN-10 9789004215917
Release 2011-06-09
Pages 436
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The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives.



The International Criminal Court

The International Criminal Court Author William Driscoll
ISBN-10 0972054146
Release 2004
Pages 285
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Annotation The Nuremberg Trials at the end of World War II established the principle that individual leaders could be held responsible for "crimes against humanity." Although various ad hoc tribunals were held in the last half of the 20th century, it was not until 2002 that a permanent international court was established, under the auspices, of the United Nations. The international Criminal Court has been controversial with many key nations most notably, the United States refusing to ratify the treaty establishing the court. Some critics object to the adoption of a judicial system that seems to supersede national judicial systems; others fear that the court will be used to pursue narrow political ends. This book will comprise three sections: the first will examine the history of the creation of the court; the second will contain articles that outline objections to the court; the third will contain articles defending and promoting the court. The authors include primary sources on both sides of the controversy, with special attention to America's involvement. A glossary of key terms, and the text of the Rome Statute establishing the court will also be included.



The Fundamental Concept of Crime in International Criminal Law

The Fundamental Concept of Crime in International Criminal Law Author Iryna Marchuk
ISBN-10 9783642282461
Release 2013-07-29
Pages 304
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This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.



Double Standards International Criminal Law and the West

Double Standards  International Criminal Law and the West Author Wolfgang Kaleck
ISBN-10 8293081678
Release 2015-05-11
Pages 150
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In this book, Wolfgang Kaleck, an internationally active human rights and criminal lawyer, assesses the practice of international criminal law to date and analyses one of its main weaknesses: International criminal justice purports to be universal, but in reality it often operates in a politically selective manner. Until now, hardly any of those most responsible for international crimes committed by Western states have faced trial. Against the backdrop of this criticism, the book advocates a truly universal practice of international criminal law which holds even the most powerful accountable for crimes they have committed. Kaleck also tells the stories of survivors of human rights violations and human rights organizations that struggle for universal accountability for international crimes. He argues that the proponents of universal criminal justice must actively address existing double standards, as "it will not be possible to speak of a universal criminal justice system with equal rights and access to justice for all until the instigators and organizers of Guantanamo and of the atrocities in Chechnya are held accountable for their actions.""



The Cambridge Companion to International Criminal Law

The Cambridge Companion to International Criminal Law Author
ISBN-10 9781107052338
Release
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The Cambridge Companion to International Criminal Law has been writing in one form or another for most of life. You can find so many inspiration from The Cambridge Companion to International Criminal Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Cambridge Companion to International Criminal Law book for free.