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Books > Law > International law > International criminal law

Preventing Corruption - Investigation, Enforcement and Governance (Hardcover): G Brooks, D. Walsh, C Lewis, H. Kim Preventing Corruption - Investigation, Enforcement and Governance (Hardcover)
G Brooks, D. Walsh, C Lewis, H. Kim
R3,331 Discovery Miles 33 310 Ships in 12 - 17 working days

Preventing Corruption explores the problems involved in the contemporary investigation, enforcement and governance of international corruption, identifying that no one country or culture has a monopoly on corruption, as it ranges across the social spectrum and different cultures. This unique international coverage explores the level of corruption in different public and private sectors of business for individuals and organizations around the world and highlights that some individuals and organizations benefit from corruption regardless of geographical location. It also examines the limits of current anti-corruption strategies, laws and conventions and considers the involvement of western democratic states in corruption, the concept of state capture and the corrupt use of private military organizations in conflict zones around the world.This diverse critical analysis of international corruption includes under-explored areas such as bribery, whistle blowing and the use of private bodies and will be a highly valuable tool for scholars and practitioners alike.

Court Interpreters and Fair Trials (Hardcover, 1st ed. 2018): John Henry Dingfelder Stone Court Interpreters and Fair Trials (Hardcover, 1st ed. 2018)
John Henry Dingfelder Stone
R4,375 Discovery Miles 43 750 Ships in 10 - 15 working days

Globalization has increased the number of individuals in criminal proceedings who are unable to understand the language of the courtroom, and as a result the number of court interpreters has also increased. But unsupervised interpreters can severely undermine the fairness of a criminal proceeding. In this innovative and methodological new study, Dingfelder Stone comprehensively examines the multitudes of mistakes made by interpreters, and explores the resultant legal and practical implications. Whilst scholars of interpreting studies have researched the prevalence of interpreter error for decades, the effect of these mistakes on criminal proceedings has largely gone unanalyzed by legal scholars. Drawing upon both interpreting studies research and legal scholarship alike, this engaging and timely study analyzes the impact of court interpreters on the right to a fair trial under international law, which forms the minimum baseline standard for national systems.

The Privatization of Warfare and Inherently Governmental Functions - Private Military Companies in Iraq and the State Monopoly... The Privatization of Warfare and Inherently Governmental Functions - Private Military Companies in Iraq and the State Monopoly of Regulated Force (Paperback)
Nicolai Due-Gundersen
R1,716 Discovery Miles 17 160 Ships in 12 - 17 working days

Since the 2003 U.S. led invasion of Iraq, the private military sector has seen the largest growth of profit for decades. As Iraq continues to be the focal point of private military clients, staff and related actors, the recurring issue of legitimacy must be addressed. While many texts focus only on existing or proposed legislation, this book analyses the public perception of private military companies (PMCs) and, of wider significance, how their use by states affects how the general public perceives state legitimacy of monopolizing force. Furthermore, this book provides a timely overview of how the energy sector and PMCs are challenging the established sovereignty of politically fragmented oil states, illustrating how energy firms may become as culpable as states in their partnerships with the private military sector and subsequent political ramifications.

Towards Global Justice: Sovereignty in an Interdependent World (Hardcover, 2013 ed.): Simona Tutuianu Towards Global Justice: Sovereignty in an Interdependent World (Hardcover, 2013 ed.)
Simona Tutuianu
R2,894 R1,972 Discovery Miles 19 720 Save R922 (32%) Ships in 12 - 17 working days

"With Forewords by Geoffrey Robertson QC, Doughty Street Chambers, London, UK and Professor Mihail E. Ionescu, Bucharest, Romania"

Simona u uianu describes a new model of sovereignty which is fast replacing the traditional Westphalian model embodied in Article 2 of the UN Charter and rigorously followed throughout the Cold War. The scholarly basis for this new model draws upon developments in international criminal law which first emerged from the Nuremberg trials and upon more recent interstate economic cooperation which has turned sovereign independence into interdependence across a range of state functions. Does this mean that traditional Westphalian concepts of sovereignty should be abandoned in constructing a new theory of world governance for the twenty-first century? Not at all. A new model, which can be called the pattern of interdependence-based sovereignty, serves to explain contemporary events that puzzle traditional theorists, such as the war over Kosovo, the invasions of Iraq and Libya, the emergence of a "Responsibility to protect" doctrine and its recent validation in Security Council Resolutions 1970 and 1973. We are witnessing the emergence of a new philosophy of action, which is in the process of producing a 21st century system of international relations.

The Book will appeal to academics, students and postgraduates studying international affairs, politics, international law, diplomatic history, or war and/or peace studies. It is particularly of interest for NATO establishments and national military schools, while experts and scholars will value its theory of what sovereignty means today.

The Book offers a multidisciplinary approach which underpins a new theory of how human rights can be better protected in a better world. There is a unique case study of cooperative security in the Greater Black Sea Area, by one of the few experts on the politics of this region." "It will be read and appreciated by those who need to understand how modern international law and diplomacy really work. Journalists, media commentators, human rights NGOs, aid agencies, diplomats and government officials need the information in this Book.

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Schoolchildren as Propaganda Tools in the War on Terror - Violating the Rights of Afghani Children under International Law... Schoolchildren as Propaganda Tools in the War on Terror - Violating the Rights of Afghani Children under International Law (Hardcover, 2011 ed.)
Sonja C Grover
R2,905 Discovery Miles 29 050 Ships in 10 - 15 working days

This book explores in what ways both sides involved in the so-called war on terror are using schoolchildren as propaganda tools while putting the children's security at grave risk. The book explores how terrorists use attacks on education to attempt to destabilize the government while the government and the international aid community use increases in school attendance as an ostensible index of largely illusory progress in the overall security situation and in development. The book challenges the notion that unoccupied civilian schools are not entitled under the law of armed conflict to a high standard of protection which prohibits their use for military purposes. Also examined are the potential violations of international law that can occur when government and education aid workers encourage and facilitate school attendance, as they do, in areas within conflict-affected states such as Afghanistan where security for education is inadequate and the risk of terror attacks on education high.

Fuzzy Graph Theory with Applications to Human Trafficking (Hardcover, 1st ed. 2018): John N. Mordeson, Sunil Mathew, Davender... Fuzzy Graph Theory with Applications to Human Trafficking (Hardcover, 1st ed. 2018)
John N. Mordeson, Sunil Mathew, Davender S. Malik
R4,430 Discovery Miles 44 300 Ships in 12 - 17 working days

This book reports on advanced concepts in fuzzy graph theory, showing a set of tools that can be successfully applied to understanding and modeling illegal human trafficking. Building on the previous book on fuzzy graph by the same authors, which set the fundamentals for readers to understand this developing field of research, this second book gives a special emphasis to applications of the theory. For this, authors introduce new concepts, such as intuitionistic fuzzy graphs, the concept of independence and domination in fuzzy graphs, as well as directed fuzzy networks, incidence graphs and many more.

The Right to Be Punished - Modern Doctrinal Sentencing (Hardcover, 2013 ed.): Gabriel Hallevy The Right to Be Punished - Modern Doctrinal Sentencing (Hardcover, 2013 ed.)
Gabriel Hallevy
R4,244 R3,420 Discovery Miles 34 200 Save R824 (19%) Ships in 12 - 17 working days

Does an offender have the "right" to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the "right" to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the "right" to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.

International Crimes and the Ad Hoc Tribunals (Hardcover): Guenael Mettraux International Crimes and the Ad Hoc Tribunals (Hardcover)
Guenael Mettraux
R6,155 R4,590 Discovery Miles 45 900 Save R1,565 (25%) Ships in 12 - 17 working days

The contribution of the ad hoc Tribunals to international criminal law and international justice has been manifold, both academically and historically, and they will continue to influence the findings and decisions of many other courts (both domestic and international), and to provoke discussion for many years to Come. This volume provides the first comprehensive analysis of the law of international crimes as applied by the ad hoc tribunals for the former Yugoslavia and Rwanda. International Crimes and the Ad Hoc Tribunals examines the legal and historical significance of some of the most important judicial developments to occur in the last 50 years in international criminal law. It states the law of the Tribunals, and provides concrete illustrations of the application of the law to a variety of criminal cases, providing a comprehensive and detailed analysis of this voluminous body of jurisprudence. The primary focus is on the jurisdiction ratione materiae of the Tribunals: the definition and application of the law of war crimes, crimes against humanity, and genocide. However, it also examines the Tribunals' jurisdiction ratione personae, insofar as this enables a full understanding of the law of crimes (for instance, in relation to forms of criminal liability).

The Making of International Criminal Justice - A View from the Bench: Selected Speeches (Hardcover): Theodor Meron The Making of International Criminal Justice - A View from the Bench: Selected Speeches (Hardcover)
Theodor Meron
R5,131 Discovery Miles 51 310 Ships in 12 - 17 working days

There has been a quiet revolution over the course of the past quarter century in the prosecution of individuals for war crimes before international courts. Until recently, and with a few notable exceptions in the wake of World War II, violations of the laws of war and international humanitarian law were addressed primarily as claims between states. However, this approach has changed radically in just the last twenty years, as the international community has increasingly accepted the idea of individual criminal responsibility for violations of international humanitarian law. The International Criminal Tribunals for the former Yugoslavia and Rwanda have played a key role in this transformation and, as the trailblazers for a growing number of new international or hybrid criminal courts, in establishing the field of international criminal justice and encouraging the national prosecution of war crimes. Understanding the Tribunals' origins, their ground-breaking jurisprudence, and how they have addressed critical legal and practical challenges is essential to understanding both the revolution that has occurred over the past twenty years and how international criminal law will change and grow in the years ahead.
As a leading scholar on humanitarian law, past President of the International Criminal Tribunal for the former Yugoslavia, and Appeals Judge for both the Yugoslavia and Rwanda Tribunals, Theodor Meron has observed and influenced the development of international criminal law as it has evolved from a mostly academic exercise to a cornerstone of the new international legal order. In this collection of speeches delivered during his first decade on the bench, he offers an insightful overview of the foundations of international criminal law as well as a unique, insider's perspective on the challenges faced by international criminal tribunals, their creation of a corpus of substantive and procedural law regarding everything from sentencing and self-representation to the law of genocide and the protection of prisoners of war, the contributions of other international courts, and the responsibilities of international jurists. Judge Meron's personal reflections and unparalleled experience in international criminal justice make this volume as rewarding for experts as it is for the general public.

Regulation of Sexual Conduct in UN Peacekeeping Operations (Hardcover, 2012 ed.): Olivera Simic Regulation of Sexual Conduct in UN Peacekeeping Operations (Hardcover, 2012 ed.)
Olivera Simic
R2,881 Discovery Miles 28 810 Ships in 10 - 15 working days

This book critically examines the response of the United Nations (UN) to the problem of sexual exploitation in UN Peace Support Operations. It assesses the Secretary-General's Bulletin on Special Protection from Sexual Exploitation and Sexual Abuse (2003) (SGB) and its definition of sexual exploitation, which includes sexual relationships and prostitution. With reference to people affected by the policy (using the example of Bosnian women and UN peacekeepers), and taking account of both radical and 'sex positive' feminist perspectives, the book finds that the inclusion of consensual sexual relationships and prostitution in the definition of sexual exploitation is not tenable. The book argues that the SGB is overprotective, relies on negative gender and imperial stereotypes, and is out of step with international human rights norms and gender equality. It concludes that the SGB must be revised in consultation with those affected by it, namely local women and peacekeepers, and must fully respect their human rights and freedoms, particularly the right to privacy and sexuality rights.

International Criminal Procedure (Hardcover): Christoph Safferling International Criminal Procedure (Hardcover)
Christoph Safferling
R5,178 Discovery Miles 51 780 Ships in 12 - 17 working days

This book sets out and analyses the procedural law applied by international criminal tribunals and the International Criminal Court (ICC). It traces the development of international criminal procedure from its roots in the International Military Tribunal at Nuremberg to its current application by the Yugoslav and Rwanda Tribunals, the Special Court for Sierra Leone, the Extraordinary Chamber in the Courts of Cambodia, and the International Criminal Court. All of these tribunals apply a different set of rules. The focus of this book, however, lies on the ICC and its procedural regime as contained in the Rome Statute, the Rules of Procedure and Evidence, and the different Regulations of the Court and of the Prosecutor. The exceptional compromise between common and civil law which formed the basis of the ICC's Statute created a unique procedural order. This book systematically analyses the Court's organisational structure, overall procedural setting, and the individual procedural regulations, and compares and contrasts these to other international criminal tribunals. Amongst the many unresolved procedural issues are the rights of the accused before, during, and after the trial, the disclosure of evidence, the presentation of evidence, the participation of victims, the protection of witnesses, and the cooperation between the ICC and individual states. Through looking at these issues, the book develops a concise and fitting theoretical underpinning for the ICC's procedural order that is not founded on any specific legal culture.

TERRORISM: COMMENTARY ON SECURITY DOCUMENTS VOLUME 142 - Security Strategies of the Second Obama Administration: 2015... TERRORISM: COMMENTARY ON SECURITY DOCUMENTS VOLUME 142 - Security Strategies of the Second Obama Administration: 2015 Developments (Hardcover)
Douglas Lovelace
R4,394 Discovery Miles 43 940 Ships in 12 - 17 working days

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics relating to the worldwide effort to combat terrorism, as well as efforts by the United States and other nations to protect their national security interests. Volume 142, Security Strategies of the Second Obama Administration: 2015 Developments, examines the major national security and military strategy documents released by the Obama administration during 2015: the National Security Strategy; the National Military Strategy; the National Intelligence Strategy; and the Department of Defense Cyber Strategy. This volume is intended as a sequel to Volume 137 of this series, which considered the de facto national security strategy of the Obama administration prior to the release of these documents. It is divided into four topical sections, each of which is introduced by a commentary written by series editor Douglas C. Lovelace, Jr. In addition to the documents listed above, this volume also contains recent reports analyzing those documents, as well as a legal update on the current status of the Authorization for the Use of Military Force (AUMF) and a consideration of the War Powers Resolution.

Principles of Evidence in International Criminal Justice (Hardcover, New): Karim A. A. Khan, Caroline Buisman, Chris Gosnell Principles of Evidence in International Criminal Justice (Hardcover, New)
Karim A. A. Khan, Caroline Buisman, Chris Gosnell
R10,028 Discovery Miles 100 280 Ships in 12 - 17 working days

Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practising international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

Criminal Liability of Political Decision-Makers - A Comparative Perspective (Hardcover, 1st ed. 2017): Frank Zimmermann Criminal Liability of Political Decision-Makers - A Comparative Perspective (Hardcover, 1st ed. 2017)
Frank Zimmermann
R4,592 Discovery Miles 45 920 Ships in 12 - 17 working days

This book is dedicated to a fundamental conflict in modern states: those persons holding public office are no more than ordinary citizens. Therefore, their activities must - as a matter of principle - be subject to full judicial control. But at the same time, democratically legitimated politicians need some discretion in their decision-making. Allegations of politicians committing criminal offences in office quickly attract a great deal of media attention. Even politicians themselves frequently use such allegations to discredit their political opponents. However, to date this topic has not been fully addressed on an academic level. This book is a first step in this direction. The individual contributions cover topics such as: "bad" political decisions that result in a waste of taxpayers' money corruption and conflicts of interest in political decision-making immunities and procedural obstacles to the effective prosecution of politicians abuse of criminal law and criminal proceedings in the political arena criminal liability for decisions taken in situations of state emergency the role of criminal law in public opinion. Leading experts examine these and other issues from a comparative perspective.

The International Criminal Court in an Effective Global Justice System (Hardcover): Linda E. Carter, Mark Steven Ellis, Charles... The International Criminal Court in an Effective Global Justice System (Hardcover)
Linda E. Carter, Mark Steven Ellis, Charles C. Jalloh
R3,727 Discovery Miles 37 270 Ships in 12 - 17 working days

This book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs). This timely evaluation of the experiences of the ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC's current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. Lawyers, judges, NGOs, government officials, academics, and policy makers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity.

New International Frontiers in Child Sexual Abuse - Theory, Problems and Progress (Hardcover, 1st ed. 2019): Ben Mathews New International Frontiers in Child Sexual Abuse - Theory, Problems and Progress (Hardcover, 1st ed. 2019)
Ben Mathews
R2,669 Discovery Miles 26 690 Ships in 10 - 15 working days

This book offers a timely and detailed exploration and analysis of key contemporary issues and challenges in child sexual abuse, which holds great relevance for scholarly, legal, policy, professional and clinical audiences worldwide. The book draws together the best current evidence about the nature, aetiology, contexts, and sequelae of child sexual abuse. It explores the optimal definition of child sexual abuse, considers sexual abuse in history, and explores new theoretical understandings of children's rights and other key theories including public health and the Capabilities Approach, and their relevance to child sexual abuse prevention and responses. It examines a selection of the most pressing legal, theoretical, policy and practical challenges in child sexual abuse in the modern world, in developed and developing economies, including institutional child sexual abuse, female genital cutting, child marriage, the use of technology for sexual abuse, and the ethical responsibility and legal liability of major state and religious organisations, and individuals. It examines recent landmark legal and policy developments in all of these areas, drawing in particular on extensive developments from Australia in the wake of its Royal Commission Into Institutional Responses to Child Sexual Abuse. It also considers the best evidence about promising strategies and future promising directions in enhancing effective prevention, intervention and responses to child sexual abuse.

Transnational Evidence and Multicultural Inquiries in Europe - Developments in EU Legislation and New Challenges for Human... Transnational Evidence and Multicultural Inquiries in Europe - Developments in EU Legislation and New Challenges for Human Rights-Oriented Criminal Investigations in Cross-border Cases (Hardcover, 2014 ed.)
Stefano Ruggeri
R3,411 Discovery Miles 34 110 Ships in 12 - 17 working days

This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system.

The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

The Criminal Trial in Law and Discourse (Hardcover): T. Kirchengast The Criminal Trial in Law and Discourse (Hardcover)
T. Kirchengast
R1,524 Discovery Miles 15 240 Ships in 10 - 15 working days

This book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.

International Criminal Justice at the Yugoslav Tribunal - A Judge's Recollection (Hardcover, New): Mohamed Shahabuddeen International Criminal Justice at the Yugoslav Tribunal - A Judge's Recollection (Hardcover, New)
Mohamed Shahabuddeen
R4,568 Discovery Miles 45 680 Ships in 12 - 17 working days

International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book, by one of the former judges of the ICTY, ICTR, and the International Court of Justice, assesses some of the workings of the ICTY that have shaped these developments. In it, Judge Shahabuddeen provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. He reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced. Judge Shahabuddeen's experience in international criminal justice makes this volume essential reading for those interested in, or working with, international criminal law.

Causes and Consequences of Migrant Criminalization (Hardcover, 1st ed. 2020): Neza Kogovsek Salamon Causes and Consequences of Migrant Criminalization (Hardcover, 1st ed. 2020)
Neza Kogovsek Salamon
R4,081 Discovery Miles 40 810 Ships in 12 - 17 working days

The book illustrates how the trend of associating migrants and refugees with criminality is on the rise. In political discourses and popular media alike, migrants and refugees are frequently portrayed as being dangerous, while cultures intent on welcoming newcomers are increasingly seen as being naive, and providing assistance to migrants is more and more frequently subject to administrative or criminal penalties. At the same time, nondemocratic trends and practices that violate human rights and equality are gaining momentum in Europe, the US and Australia. Racism, xenophobia and anti-Islamism are simultaneously becoming more open and public; they are no longer restricted to clandestine platforms but are increasingly being mainstreamed into the political programs of parties that are entering both the EU parliaments and member state legislatures. Similar developments can be seen in the US and Australia. Such transformations in societies, governments, and institutions seem to reflect a growing amnesia regarding the lessons of the two World Wars of the 20th century, and the role that Europe, the US and Australia played in developing a post-war legal framework based on a shared, if imperfect, commitment to human rights. The book presents individual national analyses to reveal an emerging trend of "crimmigration" regardless of the peculiarities of national legislatures and internal political dynamics. By collecting original contributions from scholars based in and focused on each of these regions, it addresses above all the causes and impacts of the criminalization of migration in the early 21st century. It tackles the direct causes of these trends and encourages readers to rethink their broader political and socio-historic context. Importantly, the book does so by highlighting the ties between the criminalization of migration and equality, racism, and xenophobia. As the politics of migration become more perilous for political alliances like the EU as well for individual migrants, it is more important than ever to critically examine the cause and consequences of migrant criminalization. This collection does so from a variety of disciplinary perspectives and political traditions, seeking to overcome the distractions of charismatic politicians and the peculiar factions of national political systems, in order to reveal the underlying trends and disturbing patterns that are of interest to a broad, internationally-focused audience.

The Laws of Genocide - Prescriptions for a Just World (Hardcover): Thomas W. Simon The Laws of Genocide - Prescriptions for a Just World (Hardcover)
Thomas W. Simon
R2,500 Discovery Miles 25 000 Ships in 10 - 15 working days

The tools of reason offer the best hope for the international community to confront the increasing incidents of hate throughout the world. A historically informed, normative examination of the elements of the crime of genocide provides an excellent case study of how the law, reason's handmaiden, enhances understanding and improves practical ways of dealing with global injustices. How should we confront hate? As political activists, we could resort to fighting hate with hate. As concerned citizens, we could consciously ignore or actively protest hate. As committed educators, we could put the implements and survivors of hate on display. As committed scholars, we could resuscitate the idea of evil. As humanitarian jurists, we could put individual hate-mongers on trial. Part I of this book makes a case for making the maximum use of reason to deal with hate. This means that we should actively debate those who promote hate. Further, as a close look at the history of applying law to incidents of hate and violence illustrates, the courtroom proves to be an excellent place to demonstrate the virtues of applying the tools of reason, not to global evils, but to the grave injustices of the world. In Part II, Simon demonstrates the power of legal analysis in enhancing our understanding of genocide, probably the worst injustice imaginable. A close examination of each purported element of the crime of genocide redirects misguided turns taken by international jurists. Contrary to a more realistic perspective adopted at the Nuremberg trials, jurists have mistakenly modeled international criminal law on national criminal law, which focuses on individual responsibility. However, the cases of grave injustices throughout the 20th century amply demonstrate the primary collective responsibility underlying incidences of genocide. The failure to prosecute criminal organizations for genocide has and will continue to have disastrous results. While the Nuremberg tribunal at least disbanded the responsible Nazi organizations, current war crimes tribunals have allowed organizations responsible for the Rwandan genocide to continue to wreak havoc throughout Central Africa. If the international community cannot forge a common understanding of genocide, then it has little hope of establishing an international legal order or a global ethics.

Autonomy and Cooperation Within the International Criminal Court and United Nations Security Council (Hardcover): Dimitris... Autonomy and Cooperation Within the International Criminal Court and United Nations Security Council (Hardcover)
Dimitris Liakopoulos
R5,067 R3,896 Discovery Miles 38 960 Save R1,171 (23%) Ships in 10 - 15 working days

In Autonomy and Cooperation, noted legal scholar Dimitris Liakpolous explores the content of powers attributed by the Statute of Rome to United Nations Security Council. It begins by investigating the power to activate the investigations of the prosecutor before examining the power to suspend judicial activity. The book then defines the characteristics of Security Council intervention in the context of cooperation and judicial assistance and examines prerogatives regarding the crime of aggression. The study concludes with an appreciation of the effect of Security Council action on the jurisdictional activity of the International Criminal Court. Final considerations aim to examine the relevance of the possible coordination models of the action of the two bodies, proposed during this introduction, in defining the forms that the interactions between the two bodies.

The Law of Non-International Armed Conflict (Hardcover): Sandesh Sivakumaran The Law of Non-International Armed Conflict (Hardcover)
Sandesh Sivakumaran
R5,171 Discovery Miles 51 710 Ships in 12 - 17 working days

This book brings together and critically analyses the disparate conventional, customary, and soft law relating to non-international armed conflict. All the relevant bodies of international law are considered, including international humanitarian law, international criminal law, and international human rights law. The book traces the changes to the legal framework applicable to non-international armed conflict from ad hoc regulation in the nineteenth and early twentieth century, to systematic regulation through the 1949 Geneva Conventions and 1977 Additional Protocols, to the transformation of the law in the mid-1990s. Armed conflicts ranging from the US civil war, the Algerian War of Independence, and the attempted secession of Biafra, through to the current conflicts in the Colombia, Philippines, and Sudan are all considered. The identification and analysis of the law is complemented by a consideration of the practice, allowing both violations of, and respect for, the law, to be ascertained. Given that non-international armed conflicts are fought between states and non-state armed groups, or between armed groups, particular attention is paid to the oft-neglected views of armed groups. This is done through an analysis of hundreds of statements, unilateral declarations, internal regulations, and bilateral agreements issued by armed groups. Equivalent material emanating from states parties to conflicts is also considered. The book is thus an essential reference point for the law and practice of non-international armed conflicts.

The African Criminal Court - A Commentary on the Malabo Protocol (Hardcover, 1st ed. 2017): Gerhard Werle, Moritz Vormbaum The African Criminal Court - A Commentary on the Malabo Protocol (Hardcover, 1st ed. 2017)
Gerhard Werle, Moritz Vormbaum
R4,389 Discovery Miles 43 890 Ships in 10 - 15 working days

This book offers the first comprehensive and in-depth analysis of the provisions of the 'Malabo Protocol'-the amendment protocol to the Statute of the African Court of Justice and Human and Peoples' Rights-adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples' Rights with jurisdiction over international and transnational crimes, hence an 'African Criminal Court'. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universitat zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi'an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Munster (Germany) and his postdoctoral degree from Humboldt-Universitat zu Berlin. He is a Senior Researcher at Humboldt-Universitat, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda - The Search for Truth, Justice and Reconciliation... Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda - The Search for Truth, Justice and Reconciliation (Hardcover, 1st ed. 2018)
Pietro Sullo
R3,651 Discovery Miles 36 510 Ships in 10 - 15 working days

Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.

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