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The Criminal Law of Genocide

The Criminal Law of Genocide Author Paul Behrens
ISBN-10 9781317036968
Release 2016-03-16
Pages 300
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This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.



The Crime of Destruction and the Law of Genocide

The Crime of Destruction and the Law of Genocide Author Caroline Fournet
ISBN-10 9781317037033
Release 2016-03-16
Pages 216
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This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.



The Contextual Elements of the Crime of Genocide

The  Contextual Elements  of the Crime of Genocide Author Nasour Koursami
ISBN-10 9789462652255
Release 2018-04-05
Pages 236
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This book examines the position of ‘contextual elements’ as a constitutive elementof the legal definition of the crime of genocide, and determines the extent to whichan individual génocidaire is required to act within a particular genocidal context. Unlike other books in the field of the study of the crime of genocide, this book capturesthe nuance and the complex issues of the debate by providing a book-length comprehensiveexamination of the position of contextual elements in light of the evolution ofgenocide as a concept and the literal legal definition of the crime of genocide, whichexpressly characterized the crime with only the existence of an individualistic intentto destroy a group. With scholars of international criminal law, students, researchers, practitioners inthe field, and international criminal tribunals in mind, the author tackles many ofthe issues raised on the position of contextual elements in both academic literatureand judicial decisions. Nasour Koursami is the Director of Applied Research and a Lecturer at the NationalSchool of Administration in Chad. He studied law at Cardiff and Bristol Universitiesand holds a Ph.D. in International Law from the University of Edinburgh.



Restorative Justice

Restorative Justice Author Margarita Zernova
ISBN-10 9781351965354
Release 2016-12-05
Pages 170
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Providing a critical perspective on the aspirations of advocates of restorative justice and the direction in which restorative justice is developing, this book offers an empirically researched contribution to theoretical debates. Drawing on qualitative research, the book examines the significant gaps that exist between the ideals of proponents of restorative justice and the objectives being pursued in practice. The work examines ways forward for the restorative justice movement - and the development of practices - with a coherent set of restorative justice ideals.



Democracy in the Courts

Democracy in the Courts Author Marijke Malsch
ISBN-10 9781317153078
Release 2016-05-13
Pages 248
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Democracy in the Courts examines lay participation in the administration of justice and how it reflects certain democratic principles. An international comparative perspective is taken for exploring how lay people are involved in the trial of criminal cases in European countries and how this impacts on their perspectives of the national legal systems. Comparisons between countries are made regarding how and to what extent lay participation takes place and the relation between lay participation and the legal system's legitimacy is analyzed. Presenting the results of interviews with both professional judges and lay participants in a number of European countries regarding their views on the involvement of lay people in the legal system, this book explores the ways in which judges and lay people interact while trying cases, examining the characteristics of both professional and lay judging of cases. Providing an important analysis of practice, this book will be of interest to academics, legal scholars and practitioners alike.



Genocide and Crimes Against Humanity

Genocide and Crimes Against Humanity Author Caroline Fournet
ISBN-10 9781782250692
Release 2013-01-31
Pages 168
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This book explores the ambiguities of the French law of genocide by exposing the inexplicable dichotomy between a progressive theory and an overly conservative practice. Based on the observation that the crime of genocide has remained absent from French courtrooms to the benefit of crimes against humanity, this research dissects the reasons for this absence, reviewing and analysing the potential legal obstacles to the judicial use of the law of genocide before contemplating the definitional impact of this judicial reluctance and the consequent confusion between the two crimes. Whilst it uses the French law of genocide and related case law on crimes against humanity as its focal points, the book further adopts a more general standpoint, suggesting that the French misunderstandings of the crime of genocide might ultimately be symptomatic of a more widespread misconception of the crime of genocide as a crime perpetrated against 'a group'.



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.



Elements of Genocide

Elements of Genocide Author Paul Behrens
ISBN-10 9781136168567
Release 2013-05-07
Pages 260
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Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.



Globalization of Criminal Justice

Globalization of Criminal Justice Author Michael Bohlander
ISBN-10 9781351932981
Release 2017-05-15
Pages 612
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Genocide, crimes against humanity, war crimes, ethnic cleansing are terms which in recent years have entered common usage. The worst cases of these crimes seen in the Yugoslav secession conflict and the Rwandan slaughter resulted in attempts by the international legal community to initiate an international mechanism for establishing criminal accountability. In 1998, after many States signed the Rome Statute, it was expected that justice would prevail over state power and impunity be eliminated. However there is a serious question mark over the effectiveness of this process. That is the starting point for this collection. It is not an acclamatory collection that is meant to celebrate the undoubted advances of international criminal justice. The articles in the first part show the importance of comparative criminal law research to the development of international criminal justice, and in the second part they deal with the foundations, substantive and procedural aspects of international criminal law.



The Genocide Convention

The Genocide Convention Author John Quigley
ISBN-10 9781409493075
Release 2013-01-28
Pages 320
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The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.



Current Publications in Legal and Related Fields

Current Publications in Legal and Related Fields Author
ISBN-10 STANFORD:36105064217131
Release 2008
Pages
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Current Publications in Legal and Related Fields has been writing in one form or another for most of life. You can find so many inspiration from Current Publications in Legal and Related Fields also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Current Publications in Legal and Related Fields book for free.



Comparative Criminal Procedure

Comparative Criminal Procedure Author Jacqueline E. Ross
ISBN-10 9781781007198
Release 2016-06-24
Pages 576
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This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.



Criminal Law Reform and Transitional Justice

Criminal Law Reform and Transitional Justice Author Dr Lutz Oette
ISBN-10 9781409497790
Release 2013-02-28
Pages 328
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Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.



Taking Economic Social and Cultural Rights Seriously in International Criminal Law

Taking Economic  Social and Cultural Rights Seriously in International Criminal Law Author Evelyne Schmid
ISBN-10 9781107063969
Release 2015-04-02
Pages 396
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Evelyne Schmid demonstrates how violations of economic, social and cultural rights can overlap with international crimes.



American Book Publishing Record

American Book Publishing Record Author
ISBN-10 UOM:39015066180459
Release 2007
Pages
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American Book Publishing Record has been writing in one form or another for most of life. You can find so many inspiration from American Book Publishing Record also informative, and entertaining. Click DOWNLOAD or Read Online button to get full American Book Publishing Record book for free.



The Diversification and Fragmentation of International Criminal Law

The Diversification and Fragmentation of International Criminal Law Author Larissa van den Herik
ISBN-10 9789004214590
Release 2012
Pages 734
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This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.



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.