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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.



Research Handbook on the International Penal System

Research Handbook on the International Penal System Author Róisín Mulgrew
ISBN-10 9781783472161
Release 2016-05-27
Pages 544
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Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, this handbook critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it also explores broader normative questions related to international punishment and makes recommendations for the international penal system's development.



Counsel Misconduct before the International Criminal Court

Counsel Misconduct before the International Criminal Court Author Till Gut
ISBN-10 9781782250364
Release 2012-11-12
Pages 372
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This is the first comprehensive study of the law governing professional misconduct by defence lawyers before the International Criminal Court. The ICC's regulatory regime was introduced in response to instances of misconduct experienced by other international and domestic criminal courts. The book first turns to how the ICC's forerunners - the International Criminal Tribunals for the former Yugoslavia and Rwanda and the Special Court for Sierra Leone - coped with misconduct, often resulting in controversy. The book also looks at the approaches that have evolved in Germany and the United States, reflecting the different role of defence lawyers in the civil and common law criminal justice traditions. The book offers a unique insight into the professional responsibilities of defence lawyers within the various international and national regimes. Offering practical guidance on disciplinary systems and other sanctioning mechanisms, it also explores the inherent tension at the heart of the defence lawyer's role: to ensure the human right to a fair trial we want them to be zealous advocates for their clients; at the same time we ask them to commit themselves as officers of the court.



The Defendant in International Criminal Proceedings

The Defendant in International Criminal Proceedings Author Björn Elberling
ISBN-10 9781847319968
Release 2012-08-31
Pages 270
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It is often said that criminal procedure should ensure that the defendant is a subject, not just an object, of proceedings. This book asks to what extent this can be said to be true of international criminal trials. The first part of the book aims to find out the extent to which defendants before international criminal courts are able to take an active part in their trials. It takes an in-depth look at the procedural regimes of international courts, viewed against a benchmark provided by national provisions representing the main traditions of criminal procedure and by international human rights law. The results of this comparative endeavour are then used to shed light, from a practical point of view, on the oft-debated question whether (international) criminal trials should be used as a tool for writing history or whether, as claimed by Martti Koskenniemi, pursuing this goal leads to a danger of "show trials†?.



Pluralism in International Criminal Law

Pluralism in International Criminal Law Author Elies van Sliedregt
ISBN-10 9780191008290
Release 2014-10-02
Pages 410
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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.



The Cambridge Companion to International Criminal Law

The Cambridge Companion to International Criminal Law Author William A. Schabas
ISBN-10 9781316477809
Release 2016-01-07
Pages
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This comprehensive introduction to international criminal law addresses the big issues in the subject from an interdisciplinary perspective. Expert contributors include international lawyers, judges, prosecutors, criminologists and historians, as well as the last surviving prosecutor of the Nuremberg Trials. Serving as a foundation for deeper study, each chapter explores key academic debates and provides guidelines for further reading. The book is organised around several themes, including institutions, crimes and trials. Purposes and principles place the discipline within a broader context, covering the relationship with human rights law, transitional justice, punishment and the imperatives of peace. Several tribunals are explored in depth, as are many emblematic trials. The book concludes with perspectives on the future.



Treatise on International Criminal Law

Treatise on International Criminal Law Author Kai Ambos
ISBN-10 9780199665617
Release 2016-08-11
Pages 880
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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 the field. 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 third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences. The full three-volume treatise addresses 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 is essential reading for practitioners, scholars, and students of international criminal law alike.



Research outputs of the University of Botswana 1995 2001

Research outputs of the University of Botswana  1995 2001 Author University of Botswana
ISBN-10 STANFORD:36105113665348
Release 2003
Pages 93
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Research outputs of the University of Botswana 1995 2001 has been writing in one form or another for most of life. You can find so many inspiration from Research outputs of the University of Botswana 1995 2001 also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Research outputs of the University of Botswana 1995 2001 book for free.



The Law and Practice of the International Criminal Court

The Law and Practice of the International Criminal Court Author Carsten Stahn
ISBN-10 9780191015298
Release 2015-05-28
Pages 840
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Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.



An Introduction to International Criminal Law and Procedure

An Introduction to International Criminal Law and Procedure Author Robert Cryer
ISBN-10 9781139993340
Release 2014-06-12
Pages
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By offering both a comprehensive update and new material reflecting the continuing development of the subject, this continues to be the leading textbook on international criminal law. Its experienced author team draws on its combined expertise as teachers, scholars and practitioners to offer an authoritative survey of the field. The third edition contains new material on the theory of international criminal law, the practice of international criminal tribunals, the developing case law on principles of liability and procedures and new practice on immunities. It offers valuable supporting online materials such as case studies, worked examples and study guides. Retaining its comprehensive coverage, clarity and critical analysis, it remains essential reading for all in the field.



The Legacy of the International Criminal Tribunal for the Former Yugoslavia

The Legacy of the International Criminal Tribunal for the Former Yugoslavia Author Bert Swart
ISBN-10 9780199573417
Release 2011-05-19
Pages 550
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The most prolific international criminal court to date, the International Criminal Tribunal for the Former Yugoslavia had a broad impact on international law, human rights, the creation of the International Criminal Court, and the rule of law in the former Yugoslavia. In this book a group of leading experts take stock of its performance and legacy.



Yale Law School

Yale Law School Author Yale Law School
ISBN-10 STANFORD:36105061956145
Release 1996
Pages
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Yale Law School has been writing in one form or another for most of life. You can find so many inspiration from Yale Law School also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Yale Law School book for free.



International Practices of Criminal Justice

International Practices of Criminal Justice Author Mikkel Jarle Christensen
ISBN-10 9781351384629
Release 2017-11-06
Pages 282
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International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.



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.



The International Criminal Court and Africa

The International Criminal Court and Africa Author Evelyn A. Ankumah
ISBN-10 1780684177
Release 2016-09-05
Pages 676
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More than ten years ago the International Criminal Court (ICC) was established as a universal court meant to achieve criminal justice worldwide. That goal still stands, but so far the Court has dedicated most of its time and resources to African conflicts in which international crimes (may) have been committed. While the ICC can be said to contribute to criminal justice in Africa, it cannot be denied that the relationship between the Court and the continent has been troublesome. The ICC has been accused of targeting Africa, and many African states do not seem willing to cooperate with the Court. Debates on Africa and international criminal justice are increasingly politicized. The authors of this volume recognize the current problems and criticism. Yet they do not side with populist pessimists who, after just over a decade of ICC experiences, conclude that the Court and international criminal justice are doomed to fail. Rather, the contributors believe there is a future for international criminal justice, including the ICC. The contributors use their unique specific knowledge, expertise, and experiences as the basis for reflections on the current problems and possible paths for improvement, both when it comes to the ICC as such, and its specific relationship with Africa. [Subject: Criminal Law, African Law, International Law]



The Right to Reparation in International Law for Victims of Armed Conflict

The Right to Reparation in International Law for Victims of Armed Conflict Author Christine Evans
ISBN-10 9781107019973
Release 2012-06-28
Pages 277
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Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.



Victims Rights and Advocacy at the International Criminal Court

Victims  Rights and Advocacy at the International Criminal Court Author T. Markus Funk
ISBN-10 9780199941469
Release 2015-04-13
Pages 592
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North American law has been transformed in ways unimaginable before 9/11. Laws now authorise and courts have condoned indefinite detention without charge on secret evidence, mass secret surveillance, and targeted killing of U.S. citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. This book demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion in a specific belief that 9/11 was the harbinger of a new order of terror.