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Books > Law > International law > International criminal law

Italian Yearbook of Human Rights 2020 (Paperback, New edition): Centro di Ateneo per i Diritti Umani Italian Yearbook of Human Rights 2020 (Paperback, New edition)
Centro di Ateneo per i Diritti Umani
R1,354 Discovery Miles 13 540 Ships in 10 - 15 working days
EU Law in Criminal Practice (Hardcover): Duncan Atkinson EU Law in Criminal Practice (Hardcover)
Duncan Atkinson
R9,008 Discovery Miles 90 080 Ships in 10 - 15 working days

The law of the EU has an increasing effect on domestic criminal law and poses a growing number of questions to practitioners and their clients. What happens if a client has commited a crime in another country? What if crimes have been committed in multiple countries? What limits does the EU impose on sentencing? In what circumstances can a European Arrest Warrant be granted, and how can a Warrant be challenged? What will be the impact on EU law measures if the UK Government exercises an opt-out? Answering these questions, and offering clear, practical assistance to those working in this complex area, EU Law in Criminal Practice is the only book to offer a comprehensive and practical guide to the interplay between European Union law and UK criminal practice. It enables the busy criminal practitioner to understand the legal landscape that the Treaty of Lisbon created, offering a thorough and practitioner-focused analysis of the relevant regulations and case law. From explanation of the institutional framework through to the substantive law of offences, sentencing, and appeals, the book is an invaluable guide for all engaged in modern criminal practice.

Investigating and Preventing Crime in the Digital Era - New Safeguards, New Rights (Hardcover, 1st ed. 2022): Lorena Bachmaier... Investigating and Preventing Crime in the Digital Era - New Safeguards, New Rights (Hardcover, 1st ed. 2022)
Lorena Bachmaier Winter, Stefano Ruggeri
R2,890 Discovery Miles 28 900 Ships in 10 - 15 working days

The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis a vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy. The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.

Corporations and the Privilege against Self-Incrimination (Hardcover): Stijn Lamberigts Corporations and the Privilege against Self-Incrimination (Hardcover)
Stijn Lamberigts
R2,762 Discovery Miles 27 620 Ships in 9 - 17 working days

This book asks whether the well-established privilege against self-incrimination applies to corporations, whether it should, and if so, to what extent. Those questions have an increasingly important EU criminal law dimension. To answer them, this study draws on comparative insights from Belgium, England and Wales, and the US; as well as case law of the ECtHR and EU Law. It covers the established CJEU case law in competition cases, the recent CJEU ruling in DB v Consob and addresses Directive (EU) 2016/343. It will appeal to scholars of EU criminal law, but also to white-collar and competition practitioners.

The Nuremberg Military Tribunals and the Origins of International Criminal Law (Paperback): Kevin Jon Heller The Nuremberg Military Tribunals and the Origins of International Criminal Law (Paperback)
Kevin Jon Heller
R1,889 Discovery Miles 18 890 Ships in 10 - 15 working days

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.

The International Criminal Court in Turbulent Times (Hardcover, 1st ed. 2019): Gerhard Werle, Andreas Zimmermann The International Criminal Court in Turbulent Times (Hardcover, 1st ed. 2019)
Gerhard Werle, Andreas Zimmermann
R3,985 Discovery Miles 39 850 Ships in 10 - 15 working days

The chapters in this book are reworkings of presentations given during a conference held in 2018 at the German Embassy to the Netherlands in The Hague on the occasion of the 20th anniversary of the adoption of the Rome Statute. They provide an in-depth analysis of major points of contention the International Criminal Court (ICC) is currently facing, such as, inter alia, head of state immunities, withdrawal from the Rome Statute, the exercise of jurisdiction vis-a-vis third-party nationals, the activation of the Court's jurisdiction regarding the crime of aggression, as well as the relationship of the Court with both the Security Council and the African Union, all of which are issues that have a continued relevance and carry a particular controversy. The collection provides insights from both practitioners, including judges of the ICC, and diplomats who participated in the negotiations leading to the adoption of the Rome Statute, as well as well-known academics from various parts of the world working in the field of international criminal law. The aim of the book is not only to inform and stimulate academic debate on the topic, but also to serve as an instrument for lawyers involved in the practice of international criminal law. Gerhard Werle is Professor at the Faculty of Law of the Humboldt-University in Berlin, Germany and Andreas Zimmermann is Professor at the Faculty of Law of the University of Potsdam in Germany. Jurgen Bering, who worked on this book as assistant editor, is an Associate at Dentons, Berlin and a PhD candidate at the Martin Luther University, Halle-Wittenberg, Germany.

Transitional Justice - The Legal Framework (Hardcover, 1st ed. 2022): Gerhard Werle, Moritz Vormbaum Transitional Justice - The Legal Framework (Hardcover, 1st ed. 2022)
Gerhard Werle, Moritz Vormbaum
R1,514 Discovery Miles 15 140 Ships in 10 - 15 working days

The expression "transitional justice" emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. "This book summarizes the subjects of transitional justice and Vergangenheitsbewaltigung systematically and clearly" (Joachim Gauck, German Federal President, 2012-2017).

International Courts and Tribunals (Hardcover): William A. Schabas International Courts and Tribunals (Hardcover)
William A. Schabas
R12,152 Discovery Miles 121 520 Ships in 10 - 15 working days

Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.With an original introduction by Professor Schabas, this important volume will be of interest to students, academics and professionals with an interest in international courts and tribunals. 31 articles, dating from 1935 to 2012 Contributors include: C. Brown, D. Caron, A. Cassese, E. Decaux, L. Helfer, N. Klein, M. Lachs, M. Nowak, Y. Shany, F. Viljoen

Rethinking the Crime of Aggression - International and Interdisciplinary Perspectives (Hardcover, 1st ed. 2022): Stefanie Bock,... Rethinking the Crime of Aggression - International and Interdisciplinary Perspectives (Hardcover, 1st ed. 2022)
Stefanie Bock, Eckart Conze
R4,272 Discovery Miles 42 720 Ships in 10 - 15 working days

This book presents a selection of revised and updated papers presented in September 2018 at the International Conference 'Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives', which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC). In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues. Stefanie Bock is Professor of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law in the Department of Law at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials. Eckart Conze is Professor of Modern and Contemporary History in the Department of History at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials.

TERRORISM: COMMENTARY ON SECURITY DOCUMENTS VOLUME 121 - Nuclear Non-Proliferation Treaty (Hardcover): Douglas Lovelace,... TERRORISM: COMMENTARY ON SECURITY DOCUMENTS VOLUME 121 - Nuclear Non-Proliferation Treaty (Hardcover)
Douglas Lovelace, Kristen Boon, Aziz Huq
R3,539 R3,021 Discovery Miles 30 210 Save R518 (15%) Ships in 10 - 15 working days

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Each volume carries a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 121, Nuclear Non-Proliferation Treaty, covers recent developments relating to the 2010 NPT Review Conference, primarily those pertaining to Iran and North Korea. After the 2005 Review Conference ended without a final consensus declaration due to disputes over Iran's nuclear activities, Israel's nuclear program, and implementation of the Middle East nuclear weapon-free zone, the lack of consensus in 2005 combined with continued concern over the nuclear programs of Iran and North Korea made the 2010 Review Conference a critical moment in the achievement of the NPT's goals. Kristen Boon provides introductory analysis of the key documents relating to the NPT generally and the 2010 NPT Review Conference in particular. The documents in this volume include the Final Declaration of the 2000 Conference, statements made by the key parties at the 2010 Conference, the Final Statement of the 2010 Conference, and related UN Security Council resolutions from 2009 and 2010. Professor Boon also includes renewed discussion of two critical past documents, the U.S. Nuclear Posture Review Report of April 6, 2010, and the U.S. National Security Strategy of May 27, 2010.

TERRORISM: COMMENTARY ON SECURITY DOCUMENTS VOLUME 122 - U.N. Response to Al Qaeda-Developments Through 2011 (Hardcover):... TERRORISM: COMMENTARY ON SECURITY DOCUMENTS VOLUME 122 - U.N. Response to Al Qaeda-Developments Through 2011 (Hardcover)
Douglas Lovelace, Kristen Boon, Aziz Huq
R3,824 R2,877 Discovery Miles 28 770 Save R947 (25%) Ships in 10 - 15 working days

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 122, U.N. Response to Al Qaeda-Developments Through 2011, discusses recent actions by the United Nations in response to Al-Qaeda, particularly focusing on sanctions under Security Council Resolution 1267 as well as regional responses and court challenges to 1267 sanctions. The documents introduced by Kristen Boon include the key Security Council resolutions, EU regulations, court decisions, and reports by Security Council committees and external bodies.

TERRORISM: COMMENTARY ON SECURITY DOCUMENTS INDEX IV - VOLUMES 101-120 (Hardcover): Douglas Lovelace, Kristen Boon, Aziz Huq TERRORISM: COMMENTARY ON SECURITY DOCUMENTS INDEX IV - VOLUMES 101-120 (Hardcover)
Douglas Lovelace, Kristen Boon, Aziz Huq
R3,651 Discovery Miles 36 510 Ships in 10 - 15 working days

With the publication of Terrorism: Commentary on Security Documents, Index IV, Oxford University Press continues to provide periodic stand-alone volumes containing cumulative indexes for the individual volumes in the series. Index IV (covering Terrorism Vols. 101-120) adds to the previous index volumes in order to ensure comprehensive searchability within the series. The availability of the cumulative index as well as the volume-specific indexes makes the series more convenient for the reader and provides the researcher with multiple ways to search for information. Index IV also features improved double-columned index formatting, for ease of use in a more compact volume. Although each volume in Terrorism: Commentary on Security Documents contains its own volume-specific index, this comprehensive index fully indexes the last twenty volumes in the Terrorism series. Only subject indexes are included in the individual volumes, whereas this comprehensive index includes five different types of indexes including a subject index, an index organized according to the title of the document, an index based on the name of the document's author, an index correlated to the year of the document, and a subject-by-year index. This cumulative index volume therefore provides readers with multiple ways to conduct research within Volumes 101-120 of Terrorism: Commentary on Security Documents.

Realizing Utopia - The Future of International Law (Hardcover, New): Antonio Cassese Realizing Utopia - The Future of International Law (Hardcover, New)
Antonio Cassese
R5,067 R4,402 Discovery Miles 44 020 Save R665 (13%) Ships in 10 - 15 working days

Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

Counter-Terrorism - International Law and Practice (Hardcover, New): Ana Maria Salinas De Frias, Katja Samuel, Nigel White Counter-Terrorism - International Law and Practice (Hardcover, New)
Ana Maria Salinas De Frias, Katja Samuel, Nigel White
R6,343 Discovery Miles 63 430 Ships in 10 - 15 working days

The responses of governments and international institutions to terrorism raise some of the most controversial issues of the twenty-first century. In particular, attempts to balance the desire to achieve security with the safeguarding of human rights and other aspects of the rule of law have proved to be highly contentious. This book is unique, not only in terms of its multinational, multidisciplinary nature, but also due to its truly comprehensive approach. It reviews, and examines, the interrelationship between the four principal elements of the international rule of law framework (international human rights, humanitarian, criminal, and refugee/asylum law) within in which counter-terrorism responses should occur. It focuses primarily on some of the most pressing, emerging, and/or under-researched issues and tensions. These include policy choices associated with meeting security imperatives; the tensions between the criminal justice, or preventive, approach to counter-terrorism and the military approach; the identification of lacunae within existing legal frameworks; and tensions between executive, judicial, and legislative responses. These matters are examined at the national, regional, and international levels. The book addresses a wide spectrum of issues, including analysis of key legal principles; emergency and executive measures; radicalization; governmental and institutional impunity; classification, administration and treatment of battlefield detainees; the use of lethal force ; forms of, and treatment in, detention;non-refoulement; diplomatic assurances; interrogation versus torture; extraordinary rendition; discrimination; justice and reparations for victims of terrorist attacks and security responses; (mis)use of military courts, commissions, and immigration tribunals; judicial and institutional developed and emerging rule of law norms on terrorism; non-judicial oversight by means of democratic accountability; and the identification and analysis of best practices, including inter-regional judicial and other forms of cooperation, and developed practices for the handling and use of sensitive information. Drawing together an impressive spectrum of legal and non-legal, national and institutional, practitioner, policy, and academic expertise, this book is an essential and comprehensive reference work on counter-terrorism policy, practice, and law-making.

The Extraordinary Chambers in the Courts of Cambodia - Assessing Their Contribution to International Criminal Law (Hardcover,... The Extraordinary Chambers in the Courts of Cambodia - Assessing Their Contribution to International Criminal Law (Hardcover, 1st ed. 2016)
Simon M. Meisenberg, Ignaz Stegmiller
R5,937 Discovery Miles 59 370 Ships in 10 - 15 working days

This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC's hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence. Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.

The Optional Protocol to the UN Convention Against Torture (Hardcover, New): Rachel Murray, Elina Steinerte, Malcolm Evans,... The Optional Protocol to the UN Convention Against Torture (Hardcover, New)
Rachel Murray, Elina Steinerte, Malcolm Evans, Antenor Hallo de Wolf
R3,604 R2,943 Discovery Miles 29 430 Save R661 (18%) Ships in 10 - 15 working days

The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves.
The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.

Why Criminalize? - New Perspectives on Normative Principles of Criminalization (Hardcover, 1st ed. 2020): Thomas Sobirk Petersen Why Criminalize? - New Perspectives on Normative Principles of Criminalization (Hardcover, 1st ed. 2020)
Thomas Sobirk Petersen
R3,106 Discovery Miles 31 060 Ships in 10 - 15 working days

The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization. The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the harm principle and legal paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle - the utilitarian principle of criminalization.

State Responsibility for International Terrorism (Hardcover, New): Kimberley N. Trapp State Responsibility for International Terrorism (Hardcover, New)
Kimberley N. Trapp
R3,611 R2,950 Discovery Miles 29 500 Save R661 (18%) Ships in 10 - 15 working days

The rules of state responsibility have an important but under-utilized role to play in the terrorism context. They determine both whether a breach of primary obligations has occurred, through the rules of attribution, and the consequences which flow from that breach, including the possible adoption of responsive measures by injured states. This book explores the substantive international legal obligations and rules of state responsibility applicable to international terrorism and examines the problems and prospects for effectively holding states responsible for internationally wrongful acts related to terrorism. In particular, it analyses the way in which the implementation of state responsibility for international terrorism may be affected by the self-determination debate and any applicable lex specialis (including the jus in bello), including any sub-systems of international law (such as the WTO), as well as by the interaction between determinations of individual criminal responsibility and the implementation of state responsibility.
The international community has responded to the threat of international terrorism through both a security/jus ad bellum paradigm and by creating an international criminal law framework to address the conduct of non-state terrorist actors. The secondary rules of state responsibility analyzed in this book cut across both approaches as they apply regardless of states breaching their primary obligations relating to terrorism through participation in or a failure to prevent or punish terrorism. While this book identifies a number of problems in implementing state responsibility for international terrorism, it also highlights the prospects for the rules of state responsibility to make a crucial contribution to maintaining respect for obligations which lie at the very foundations of the contemporary international legal order, and to restoring the relationships between states if those obligations are breached.

The Legacy of the International Criminal Tribunal for the Former Yugoslavia (Hardcover): the late Bert Swart, Alexander Zahar,... The Legacy of the International Criminal Tribunal for the Former Yugoslavia (Hardcover)
the late Bert Swart, Alexander Zahar, Goeran Sluiter
R5,800 Discovery Miles 58 000 Ships in 10 - 15 working days

The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 and is due to complete its trials by 2011. Easily the most credible and prodigious of the international tribunals established in this period, the ICTY is by far the most important source of case law on international criminal law. This is reflected in the citations it receives by other courts and by learned commentators. Long after its dissolution, the ICTY will most likely serve as an important frame of reference for the International Criminal Court and other courts dealing with international crimes, including national courts.
The publication of this book coincides with the year of cessation of trial activity at the ICTY. Its purpose is to mark this significant milestone in international law with a series of in-depth, critical reflections on the institution's legacy by eminent scholars and practitioners. In the course of seventeen chapters, the contributing authors analyze the main features of the ICTY's work in an unprecedented examination of the institution's legitimacy, core principles, methodologies, unstated assumptions, political circumstances, and impact-and indeed, its legacy.

The Tokyo Trial Diaries of Mei Ju-ao (Hardcover, 1st ed. 2019): Mei Ju-Ao The Tokyo Trial Diaries of Mei Ju-ao (Hardcover, 1st ed. 2019)
Mei Ju-Ao
R1,378 Discovery Miles 13 780 Ships in 10 - 15 working days

Written by Chinese Jurist Mei Ju-ao, this significant book considers both the process and the impact of the International Military Tribunal for the Far East, otherwise known as the Tokyo Trial, which was convened in 1946 to try political military leaders accused of involvement in war crimes. Offering valuable research material on the establishment of the tribunal, it examines the background to the establishment of the International Military Tribunal and the lessons learned from earlier trials of World War One War Criminals. Written from the perspective of a Chinese prosecutor who was both jurist and witness, this unique text engages with the Tokyo Trial from an interdisciplinary perspective bringing in both international law and international relations, measuring over 7 decades later the significance and ongoing legacy of the Tokyo Trial for contemporary international criminal justice in Asia and beyond..

Defining International Terrorism - Between State Sovereignty and Cosmopolitanism (Hardcover, 1st ed. 2017): Stella Margariti Defining International Terrorism - Between State Sovereignty and Cosmopolitanism (Hardcover, 1st ed. 2017)
Stella Margariti
R3,795 Discovery Miles 37 950 Ships in 10 - 15 working days

This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader's understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the 'State sovereignty' and 'Cosmopolitanism' dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.

Judicial Creativity at the International Criminal Tribunals (Hardcover): Shane Darcy, Joseph Powderly Judicial Creativity at the International Criminal Tribunals (Hardcover)
Shane Darcy, Joseph Powderly
R3,384 Discovery Miles 33 840 Ships in 10 - 15 working days

As the International Criminal Tribunals for the Former Yugoslavia and Rwanda enter the final phase of their work, it is an appropriate time to reflect on the significant contribution that these unique institutions have made to the development of international criminal law. Judgments issued by the ad hoc Tribunals have served to clarify and elucidate key concepts and principles of international criminal law. On several occasions, this practice and jurisprudence has pushed the progressive development of this dynamic and growing branch of international law.
Judicial Creativity at the International Criminal Tribunals examines the specific contribution made by the judges of the Yugoslavia and Rwanda Tribunals to the development of international criminal law in the areas of substantive crimes, criminal liability, defences, general principles, fair trial rights, and procedure. The essays illuminate the law on these topics while pointing to key areas where the Tribunals have advanced the understanding of particular concepts and principles. Several contributions address the theories of interpretation employed by the Tribunals' judges and the challenges presented by judicial creativity in international criminal trials.
As the caseload grows for the International Criminal Court and the international criminal justice project continues to flourish, it is important to take stock of the achievements to date of international criminal bodies. This collection of essays provides a thoughtful analysis by judges, practitioners, and scholars of international criminal law of the profound changes in the field enacted by the judges of the International Criminal Tribunals for Rwanda and the Former Yugoslavia.

The Philosophical Foundations of Extraterritorial Punishment (Hardcover): Alejandro Chehtman The Philosophical Foundations of Extraterritorial Punishment (Hardcover)
Alejandro Chehtman
R3,148 Discovery Miles 31 480 Ships in 10 - 15 working days

Why should a Spanish court take jurisdiction over an American lawyer accused of facilitating torture on Guantanamo Bay? What empowers a London magistrate to sign an arrest warrant for a former Chilean President? Can it be legitimate or morally defensible for an Israeli court to try a former Nazi whose crimes occurred outside Israel and indeed prior to the establishment of Israel?
This book provides the first full account, explanation, and critique of extraterritorial punishment in international law. Extraterritoriality is deeply entrenched in the practice of legal punishment in domestic legal systems and, in certain circumstances, an established principle of public international law. Often, States claim the right to punish certain offences provided for under their own domestic laws even when they are committed outside their territorial boundaries. Furthermore, extraterritoriality is one of the most remarkable features of international criminal law. Many individuals have been prosecuted in different parts of the world for crimes against humanity, war crimes, genocide, etc. before tribunals which are often located outside the territorial boundaries of the state in which the offences were perpetrated. Finally, the issue of extraterritorial punishment is of pressing importance because of the emergence of new forms of globalized crime, such as transnational terrorism, drug-trafficking, trafficking of human beings, and so on.
This book provides a convincing normative account of extraterritorial punishment. In doing so, it will steer current debates on international criminal justice and the philosophy of punishment in new directions, and link these debates to globalization, the emergence of transnational crime, terrorism, war, and the problem of impunity and mass atrocity.

Transitional Justice in Ghana - An Appraisal of the National Reconciliation Commission (Hardcover, 1st ed. 2020): Marian... Transitional Justice in Ghana - An Appraisal of the National Reconciliation Commission (Hardcover, 1st ed. 2020)
Marian Yankson-Mensah
R2,675 Discovery Miles 26 750 Ships in 10 - 15 working days

This book situates Ghana's truth-telling process, which took place from 2002 to 2004, within the discourse on the effectiveness of the different mechanisms used by post-conflict and post-dictatorship societies to address gross human rights violations. The National Reconciliation Commission was the most comprehensive transitional justice mechanism employed during Ghana's transitional process in addition to amnesties, reparations and minimal institutional reforms. Due to a blanket amnesty that derailed all prospects of resorting to judicial mechanisms to address gross human rights violations, the commission was established as an alternative to prosecutions. Against this background, the author undertakes a holistic assessment of the National Reconciliation Commission's features, mandate, procedure and aftermath to ascertain the loopholes in Ghana's transitional process. She defines criteria for the assessment, which can be utilised with some modifications to assess the impact of other transitional justice mechanisms. Furthermore, she also reflects on the options and possible setbacks for future attempts to address the gaps in the mechanisms utilised. With a detailed account of the human rights violations perpetrated in Ghana from 1957 to 1993, this volume of the International Criminal Justice Series provides a useful insight into the factors that shape the outcomes of transitional justice processes. Given its combination of normative, comparative and empirical approaches, the book will be useful to academics, students, practitioners and policy makers by fostering their understanding of the implications of the different features of truth commissions, the methods for assessing transitional justice mechanisms, and the different factors to consider when designing mechanisms to address gross human rights violations in the aftermath of a conflict or dictatorship. Marian Yankson-Mensah is a Researcher and Project Officer at the International Nuremberg Principles Academy in Nuremberg, Germany.

Sweetie 2.0 - Using Artificial Intelligence to Fight Webcam Child Sex Tourism (Hardcover, 1st ed. 2019): Simone van der Hof,... Sweetie 2.0 - Using Artificial Intelligence to Fight Webcam Child Sex Tourism (Hardcover, 1st ed. 2019)
Simone van der Hof, Ilina Georgieva, Bart Schermer, Bert-Jaap Koops
R3,204 Discovery Miles 32 040 Ships in 10 - 15 working days

This book centres on Webcam Child Sex Tourism and the Sweetie Project initiated by the children's rights organization Terre des Hommes in 2013 in response to the exponential increase of online child abuse. Webcam child sex tourism is a growing international problem, which not only encourages the abuse and sexual exploitation of children and provides easy access to child-abuse images, but which is also a crime involving a relatively low risk for offenders as live-streamed webcam performances leave few traces that law enforcement can use. Moreover, webcam child sex tourism often has a cross-border character, which leads to jurisdictional conflicts and makes it even harder to obtain evidence, launch investigations or prosecute suspects. Terre des Hommes set out to actively tackle webcam child sex tourism by employing a virtual 10-year old Philippine girl named Sweetie, a so-called chatbot, to identify offenders in chatrooms. Sweetie 1.0 could be deployed only if police officers participated in chats, and thus was limited in dealing with the large number of offenders. With this in mind, a more pro-active and preventive approach was adopted to tackle the issue. Sweetie 2.0 was developed with an automated chat function to track, identify and deter individuals using the internet to sexually abuse children. Using chatbots allows the monitoring of larger parts of the internet to locate and identify (potential) offenders, and to send them messages to warn of the legal consequences should they proceed further. But using artificial intelligence raises serious legal questions. For instance, is sexually interacting with a virtual child actually a criminal offence? How do rules of criminal procedure apply to Sweetie as investigative software? Does using Sweetie 2.0 constitute entrapment? This book, the outcome of a comparative law research initiative by Leiden University's Center for Law and Digital Technologies (eLaw) and the Tilburg Institute for Law, Technology, and Society (TILT), addresses the application of substantive criminal law and criminal procedure to Sweetie 2.0 within various jurisdictions around the world. This book is especially relevant for legislators and policy-makers, legal practitioners in criminal law, and all lawyers and academics interested in internet-related sexual offences and in Artificial Intelligence and law. Professor Simone van der Hof is General Director of Research at t he Center for Law and Digital Technologies (eLaw) of the Leiden Law School at Leiden University, The Netherlands. Ilina Georgieva, LL.M., is a PhD researcher at the Faculty of Governance and Global Affairs at Leiden University, Bart Schermer is an associate professor at the Center for Law and Digital Technologies (eLaw) of the Leiden Law School, and Professor Bert-Jaap Koops is Professor of Regulation and Technology at the Tilburg Institute for Law, Technology, and Society (TILT), Tilburg University, The Netherlands.

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