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Books > Law > International law > International criminal law

Latin American Experiences with Truth Commission Recommendations: Beyond Words Vol. II - Beyond Words Vol. II (Hardcover): Elin... Latin American Experiences with Truth Commission Recommendations: Beyond Words Vol. II - Beyond Words Vol. II (Hardcover)
Elin Skaar, Eric Wiebelhaus-Brahm, Jemima Garcia-Godos
R3,533 Discovery Miles 35 330 Ships in 12 - 17 working days

Truth commission recommendations are critical to their legacies, yet there is little research examining their fates. Based on fieldwork that is unprecedented in scope, this double-volume project provides the first systematic study of the formulation and implementation of the recommendations of 13 Latin American truth commissions.Beyond Words Vol. I examines the variations in truth commission recommendations across 13 Latin American cases. Insights are provided regarding how the internal dynamics of truth commissions, as well as the political, social and economic context in which they operate, influence how recommendations are formulated. The authors then explore how the nature of these recommendations themselves, along with the aforementioned factors, influence which recommendations are actually implemented. The conclusion considers the findings' relevance for the crafting of future truth commission recommendations and reflects upon how the formulation and implementation of these recommendations shape the impact of truth commissions on societies emerging from periods of violence and repression.Beyond Words Vol. II is a unique collection of 11 Latin American country studies covering all 13 formal truth commissions established in this region that submitted their final reports between 1984 and 2014. Based on qualitative original data and a common analytical framework, the main focus of each of the country chapters is threefold: (1) to provide a brief background to the truth commission(s); (2) to provide a detailed account of the formulation of the truth commission's recommendations; and (3) to analyze the implementation record of the recommendations, taking into account the actors and factors that have aided or obstructed the implementation process.

Justice for Victims before the International Criminal Court (Paperback): Luke Moffett Justice for Victims before the International Criminal Court (Paperback)
Luke Moffett
R1,324 Discovery Miles 13 240 Ships in 12 - 17 working days

Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.

Critical Approaches to International Criminal Law - An Introduction (Paperback): Christine Schwoebel Critical Approaches to International Criminal Law - An Introduction (Paperback)
Christine Schwoebel
R1,525 Discovery Miles 15 250 Ships in 12 - 17 working days

Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of International Criminal Law. This area of law has recently experienced a significant surge in scholarship and public debate; individual criminal accountability is now firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Critical Approaches to International Criminal Law: An Introduction shifts the debate towards that which has so far been missing from the mainstream discussion: the possible injustices, exclusions, and biases of International Criminal Law. This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. It will be a valuable resource for scholars and students of international criminal law, international law, international legal theory, criminal law, and criminology.

The Rise and Fall of War Crimes Trials - From Charles I to Bush II (Hardcover): Charles Anthony Smith The Rise and Fall of War Crimes Trials - From Charles I to Bush II (Hardcover)
Charles Anthony Smith
R2,412 Discovery Miles 24 120 Ships in 12 - 17 working days

This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials - a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.

Comparative Executive Clemency - The Constitutional Pardon Power and the Prerogative of Mercy in Global Perspective... Comparative Executive Clemency - The Constitutional Pardon Power and the Prerogative of Mercy in Global Perspective (Hardcover)
Andrew Novak
R4,165 Discovery Miles 41 650 Ships in 12 - 17 working days

Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer's decision to arrest, a prosecutor's decision to prosecute, and a judge's decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.

International Trials and Reconciliation - Assessing the Impact of the International Criminal Tribunal for the Former Yugoslavia... International Trials and Reconciliation - Assessing the Impact of the International Criminal Tribunal for the Former Yugoslavia (Paperback)
Janine Clark
R1,443 Discovery Miles 14 430 Ships in 12 - 17 working days

Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data - in the form of qualitative interviews and observations from five years of fieldwork - to assess and analyze the ICTY's impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.

Criminal Responsibility for the Crime of Aggression (Paperback): Patrycja Grzebyk Criminal Responsibility for the Crime of Aggression (Paperback)
Patrycja Grzebyk
R1,462 Discovery Miles 14 620 Ships in 12 - 17 working days

Since the Nuremberg trial, the crime of aggression has been considered one of the gravest international crimes. However, since the 1940s no defendants have been charged with this crime, with some states actively opposing the notion of punishing aggression. The option of trying an individual for aggression is expressly included in the statute of the International Criminal Court. In 2010 the Assembly of States Parties adopted a definition of the crime of aggression and conditions of the exercise of jurisdiction over this crime by the Court. The Assembly also agreed that the decision on including the crime of aggression within the Court's jurisdiction would be made in 2017 at the earliest. It is still internationally debatable whether the criminalisation of aggression is an outcome to strive for, or whether its abandonment is more preferable. In Criminal Responsibility for the Crime of Aggression, Patrycja Grzebyk explores the scope of criminal responsibility of individuals for crimes of aggression and asks why those responsible for aggression are not brought to justice. The book first works to identify the legal norms that define and delegalise aggression, before moving to determine the basis and scope for the criminalisation of aggression. The book then goes on to identify the key risks and difficulties inherent in trials for aggression. Following a string of awards in Poland, including the Manfred Lachs Prize for the best first book on public international law, this cutting investigation of aggression is now deservedly made available to the wider world. In its extensive analysis of international trials on aggression, and its synthesis of legal, political and historical rhetoric, this book offers broad and striking insight into the criminal responsibility of individuals on a world stage.

Terrorism and Public Health - A Balanced Approach to Strengthening Systems and Protecting People (Paperback, 2nd Revised... Terrorism and Public Health - A Balanced Approach to Strengthening Systems and Protecting People (Paperback, 2nd Revised edition)
Barry S. Levy, Victor W. Sidel
R2,809 R2,097 Discovery Miles 20 970 Save R712 (25%) Ships in 12 - 17 working days

The first edition of this book was published almost a decade ago to provide a comprehensive examination of the relationship between terrorism and public health. It also described what health professionals could do to mitigate the consequences of terrorist attacks and threats, and to address the underlying causes of terrorism. This completely revised second edition provides new information on emergency preparedness and response planning as well as lessons learned from responses to terrorist attacks in the United States and other countries. Expert scholars and practitioners of public health explore the historical roots of terrorism and address potential terrorist weapons and their control. They also explore in detail the adverse health consequences of the "war on terror," including the wars in Iraq and Afghanistan, other violations of human rights and civil liberties, diversion of resources, and the adverse impact on civil society organizations. Arguing for a more balanced approach to preparedness, the editors and contributors to this second edition describe challenges and opportunities for strengthening the public health system, protecting disaster rescue and recovery workers, and promoting domestic and international law related to terrorism. Features Offers a useful and up-to-date compendium for courses for public health students and health workers Presents a more balanced approach to public health preparedness, placing more emphasis on urgent public health problems Provides a valuable resource for public health workers and their agencies and organizations

Trials and Tribulations of International Prosecution (Paperback): Henry F. Carey, Stacey M. Mitchell Trials and Tribulations of International Prosecution (Paperback)
Henry F. Carey, Stacey M. Mitchell
R1,302 Discovery Miles 13 020 Ships in 12 - 17 working days

There have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC's complimentary jurisdiction? How have powerful states supported these courts and how have they undermined them? In succeeding in punishing a number of high-profile cases, the tribunals arguably constitute what Habermas called communicative action that expresses the aspirations and nascent norms of international society. Beyond the confines of a specific of international cooperation, these courts are increasingly becoming norm entrepreneurs, defining the norms of coexistence among states, such that internal atrocities are seen not only as international crimes, but threats to the stability and order of international society. These courts are also redefining the attributes of what states must practice to preserve their reputations, a breach of which will prove increasingly costly. The tribunals are increasingly incentivizing and mobilizing informational networks from NGOs, IGOs, and states to document and publicize violations of international criminal law, thereby increasing exposure risks of perpetration. To be sure the patchwork of compliance and norm communication is fraught with double standards, hypocrisy, selective enforcement, and neoimperial delegitimation of the subaltern. Still, what has begun as institutions created in the absence of humanitarian action by the powerful may come to constitute normal state attributes similar to sovereignty, whose violation will be seen as not only illegitimate, but also meriting humanitarian action to correct and punish such behavior. The question remains whether ongoing impunity of both the powerful and the powerless will undermine or limit this potential.

The Social Rights Jurisprudence in the Inter-American Court of Human Rights - Shadow and Light in International Human Rights... The Social Rights Jurisprudence in the Inter-American Court of Human Rights - Shadow and Light in International Human Rights (Hardcover)
Isaac de Paz Gonzalez
R2,726 Discovery Miles 27 260 Ships in 12 - 17 working days

The Inter-American Court of Human Rights continues to build justiciability to determine the social rights of marginalised individuals and groups in the Americas. In this engaging book, Isaac de Paz Gonzalez unveils the abilities, and the practices of the Inter-American Court's contribution to human rights policy in the Global South. This innovative book offers a thorough and complete examination of the Inter-American Court's jurisprudence over its forty years of existence, within the framework of Economic and Social Rights (ESR). The author offers a concise discussion of both the historic and landmark cases in regards to ESR, and its theoretical basis, as well as giving insight into how to further improve and protect the lives of the most vulnerable people in the Americas. This book also exposes the possibility of enforcing legal remedies for poverty and structural discrimination in order to seek social justice. Contemporary and insightful, this book will be vital reading for legal scholars and students interested in human rights more broadly, as well as social justice and social rights specialists. Judges, practitioners and policymakers will also find this book a thought-provoking read.

Essays on International Criminal Justice (Hardcover): Hector Olasolo Essays on International Criminal Justice (Hardcover)
Hector Olasolo
R3,144 Discovery Miles 31 440 Ships in 12 - 17 working days

Crimes of atrocity have profound and long-lasting effects on any society. The difference between triggering and preventing these tragic crimes often amounts to the choice between national potential preserved or destroyed. It is also important to recognise that they are not inevitable: the commission of these crimes requires a collective effort, an organisational context, and long planning and preparation. Thus, the idea of strengthening preventative action has taken on greater relevance, and is now encompassed in the emerging notion of 'responsibility to prevent'. International courts and tribunals contribute to this effort by ending impunity for past crimes. Focusing investigations and prosecution on the highest leadership maximises the impact of this contribution. The ICC has an additional preventative mandate which is fulfilled by its timely intervention in the form of preliminary examinations. Moreover, when situations of atrocity crimes are triggered, its complementarity regime incentivises states to stop violence and comply with their duties to investigate and prosecute, thus strengthening the rule of law at the national level. The new role granted to victims by the Rome Statute is key to the ICCs successful fulfilment of these functions. This new book of essays, which includes the author's unpublished inaugural lecture at Utrecht University, examines these issues and places particular emphasis on the additional preventative mandate of the ICC, the ICC complementarity regime, the new role granted to victims, and the prosecution of the highest leadership through the notion of indirect perpetration. 'The work of Professor Olasolo breaks new ground in the academic field of international criminal law, as an analysis of the system as a whole. I therefore wish to express my congratulations for this work.' From the Foreword by Luis Moreno Ocampo Prosecutor, International Criminal Court, The Hague, 27 April 2011 '[Professor Hector Olasolo's] compilation provides an enormous source of easy reference to students, academia and legal actors in the field of international law. A look at the titles compiled in this volume demonstrates the present challenges to international criminal justice'. From the Preliminary Reflections by Elizabeth Odio Benito Judge and Former Vice-President, International Criminal Court, The Hague, May 2011 'This collection, written by a brilliant and prolific scholar and practitioner of international criminal justice, is an insightful and important contribution to the existing literature...Each chapter in this collection is copiously footnoted and thoroughly researched, making it an important reference tool for scholars and practitioners in the field. Additionally and importantly, the chapters explore, without polemic, areas of controversy and dissent and thoughtfully and scrupulously set forth arguments for and against particular doctrinal choices.' From the Introduction by Leila Nadya Sadat Henry H Oberschelp Professor of Law and Director, Whitney R Harris World Law Institute, Washington University School of Law; Alexis de Tocqueville Distinguished Fulbright Chair, Universite de Cergy-Pontoise, Paris, Spring 2011

Assessing the Long-Term Impact of Truth Commissions - The Chilean Truth and Reconciliation Commission in Historical Perspective... Assessing the Long-Term Impact of Truth Commissions - The Chilean Truth and Reconciliation Commission in Historical Perspective (Hardcover)
Anita Ferrara
R4,161 Discovery Miles 41 610 Ships in 12 - 17 working days

In 1990, after the end of the Pinochet regime, the newly-elected democratic government of Chile established a Truth and Reconciliation Commission (TRC) to investigate and report on some of the worst human rights violations committed under the seventeen-year military dictatorship. The Chilean TRC was one of the first truth commissions established in the world. This book examines whether and how the work of the Chilean TRC contributed to the transition to democracy in Chile and to subsequent developments in accountability and transformation in that country. The book takes a long term view on the Chilean TRC asking to what extent and how the truth commission contributed to the development of the transitional justice measures that ensued, and how the relationship with those subsequent developments was established over time.It argues that, contrary to the views and expectations of those who considered that the Chilean TRC was of limited success, that the Chilean TRC has, in fact, over the longer term, played a key role as an enabler of justice and a means by which ethical and institutional transformation has occurred within Chile. With the benefit of this historical perspective, the book concludes that the impact of truth commissions in general needs to be carefully reviewed in light of the Chilean experience. This book will be of great interest and use to students and scholars of conflict resolution, criminal international law, and comparative legal systems in Latin America.

Incitement in International Law (Hardcover): Wibke K. Timmermann Incitement in International Law (Hardcover)
Wibke K. Timmermann
R4,179 Discovery Miles 41 790 Ships in 12 - 17 working days

This book offers a comprehensive study of incitement in its various forms in international law. It discusses the status of incitement to hatred in human rights law and examines its harms and dangers as well as the impact of a prohibition on freedom of speech. The book additionally presents a detailed definition of punishable incitement. In this context, Wibke K. Timmermann argues that incitement should be recognized as the crime of persecution, where it is utilized within a system of persecutory measures by the State or a similarly powerful organization.

The book draws on the Nahimana case before the International Criminal Tribunal for Rwanda, as well as jurisprudence from German and other courts following World War II to provide support for this proposal. The work moreover provides a comprehensive analysis of public incitement to crimes; solicitation or instigation; and the related modes of liability aiding and abetting and commission through another person.

Dedicated exclusively and comprehensively to incitement in its various forms, this book will be of essential use and great interest to students and researchers of international criminal law and human rights law, in addition to practitioners within these areas."

Justice for Victims before the International Criminal Court (Hardcover): Luke Moffett Justice for Victims before the International Criminal Court (Hardcover)
Luke Moffett
R4,180 Discovery Miles 41 800 Ships in 12 - 17 working days

Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.

Globalizing Transitional Justice - Essays for the New Millennium (Hardcover): Ruti G. Teitel Globalizing Transitional Justice - Essays for the New Millennium (Hardcover)
Ruti G. Teitel
R3,086 Discovery Miles 30 860 Ships in 12 - 17 working days

Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional justice concepts have found legal expression, especially through human rights law and jurisprudence, and international criminal law. These essays shed light on some of the difficult choices encountered in the design of transitional justice: criminal trials vs. amnesties, or truth commissions; domestic or international processes; peace and reconciliation vs. accountability and punishment. Transitional justice is considered not only in relation to political events and legal developments, but also in relation to the broader social and cultural tendencies of our times.

The Rationality of Dictators - Towards a more effective implementation of the responsibility to protect (Paperback): Maartje... The Rationality of Dictators - Towards a more effective implementation of the responsibility to protect (Paperback)
Maartje Weerdesteijn
R2,692 Discovery Miles 26 920 Ships in 12 - 17 working days

A non-democratic system of government is an important risk factor for the perpetration of atrocity crimes, meaning genocide, crimes against humanity, war crimes and ethnic cleansing. At the 2005 World Summit the international community accepted the responsibility to protect populations from these crimes when the domestic state is failing to do so. The implementation of the responsibility to protect, however, leaves much to be desired. This book studies the role dictators play in orchestrating mass atrocities and analyses their decision-making process when the international community tries to stop or mitigate the perpetration of these crimes. Through a comparative case study of Pol Pot and Slobodan Milosevic it argues that the role ideology plays in the decision-making process of the dictator is an important determinant of their responsiveness. In doing so, it challenges the common notion that all dictators are primarily motivated by retaining their position of power and argues that while dictators are frequently characterised as raging mad men, this is not necessarily always the case. It rather argues in favour of a more nuanced approach to rationality, that uses the work of Max Weber to acknowledge that different types of rationality exist, when analysing the decision-making process of dictators. The book is therefore an indispensable resource for scholars who are interested in the role of dictators in bringing forth and stopping mass atrocities and for anyone who wants more insight into the rationality of dictators.

Britain's Hidden Role in the Rwandan Genocide - The Cat's Paw (Paperback): Hazel Cameron Britain's Hidden Role in the Rwandan Genocide - The Cat's Paw (Paperback)
Hazel Cameron
R1,481 Discovery Miles 14 810 Ships in 12 - 17 working days

Britain's Hidden Role in the Rwandan Genocide examines the role of the United Kingdom as a global elite bystander to the crime of genocide, and its complicity - in violation of international criminal laws - in the Rwandan genocide of 1994. As prevailing accounts confine themselves to the role and actions of the United States and the United Nations, the full picture of Rwanda's genocide has yet to be revealed. Hazel Cameron demonstrates that it is the unravelling of the criminal role and actions of the British that illuminates a more detailed answer to the question of 'why' the genocide in Rwanda occurred. In this book, she provides a systematic and detailed analysis of the policies of the British Government towards civil unrest in Rwanda throughout the 1990s that culminated in genocide. Utilising documentary evidence obtained as a result of Freedom of Information requests to the Foreign and Commonwealth Office, as well as material obtained through extensive interviews - with British government cabinet members, diplomats, Ambassadors to the United Nations Security Council, prisoners in Rwanda convicted of being leaders and organisers of genocide, and victims and survivors of genocide in Rwanda - she finds that the actions of the British and French governments, both before and during the Rwandan genocide of 1994, were disassociated from human rights norms. It is suggested herein that the decision-making of the Major government during the period of 1990 - 1994 was for the advancement of the interrelated goals of maintaining power status and ensuring economic interests in key areas of Africa, inferring a substantial degree of complicity in genocide by omission. That international politics is a strategic game has evidenced itself in the roles played by both the government of the United Kingdom and France in seeking to maximise their respective political and economic interests out with the existing international criminal constraints during the genocide in Rwanda. A micro study of the actions of the French Operation Turquoise reveals their actions to be clearly definable as complicity in genocide by commission. This account of the legal culpability of the powerful within the corridors of government in both London and Paris evidences that these behaviours cannot be conceptualised under existing notions of state crime and this research serves to illuminate the inadequacies and limitations of a concept of state crime in international law as it currently stands and will be of interest to anyone concerned with the misuse of state power.

Criminal Responsibility for the Crime of Aggression (Hardcover): Patrycja Grzebyk Criminal Responsibility for the Crime of Aggression (Hardcover)
Patrycja Grzebyk
R4,332 Discovery Miles 43 320 Ships in 12 - 17 working days

Since the Nuremberg trial, the crime of aggression has been considered one of the gravest international crimes. However, since the 1940s no defendants have been charged with this crime, with some states actively opposing the notion of punishing aggression. The option of trying an individual for aggression is expressly included in the statute of the International Criminal Court. In 2010 the Assembly of States Parties adopted a definition of the crime of aggression and conditions of the exercise of jurisdiction over this crime by the Court. The Assembly also agreed that the decision on including the crime of aggression within the Court's jurisdiction would be made in 2017 at the earliest. It is still internationally debatable whether the criminalisation of aggression is an outcome to strive for, or whether its abandonment is more preferable. In Criminal Responsibility for the Crime of Aggression, Patrycja Grzebyk explores the scope of criminal responsibility of individuals for crimes of aggression and asks why those responsible for aggression are not brought to justice. The book first works to identify the legal norms that define and delegalise aggression, before moving to determine the basis and scope for the criminalisation of aggression. The book then goes on to identify the key risks and difficulties inherent in trials for aggression. Following a string of awards in Poland, including the Manfred Lachs Prize for the best first book on public international law, this cutting investigation of aggression is now deservedly made available to the wider world. In its extensive analysis of international trials on aggression, and its synthesis of legal, political and historical rhetoric, this book offers broad and striking insight into the criminal responsibility of individuals on a world stage.

Liability for Crimes Involving Artificial Intelligence Systems (Hardcover, 2015 ed.): Gabriel Hallevy Liability for Crimes Involving Artificial Intelligence Systems (Hardcover, 2015 ed.)
Gabriel Hallevy
R3,982 Discovery Miles 39 820 Ships in 12 - 17 working days

The book develops a general legal theory concerning the liability for offenses involving artificial intelligence systems. The involvement of the artificial intelligence systems in these offenses may be as perpetrators, accomplices or mere instruments. The general legal theory proposed in this book is based on the current criminal law in most modern legal systems. In most modern countries, unmanned vehicles, sophisticated surgical systems, industrial computing systems, trading algorithms and other artificial intelligence systems are commonly used for both industrial and personal purposes. The question of legal liability arises when something goes wrong, e.g. the unmanned vehicle is involved in a car accident, the surgical system is involved in a surgical error or the trading algorithm is involved in fraud, etc. Who is to be held liable for these offenses: the manufacturer, the programmer, the user, or, perhaps, the artificial intelligence system itself? The concept of liability for crimes involving artificial intelligence systems has not yet been widely researched. Advanced technologies are forcing society to face new challenges, both technical and legal. The idea of liability in the specific context of artificial intelligence systems is one such challenge that should be thoroughly explored.

Dangerous Liaisons - Organized Crime and Political Finance in Latin America and Beyond (Paperback): Kevin Casas-Zamora Dangerous Liaisons - Organized Crime and Political Finance in Latin America and Beyond (Paperback)
Kevin Casas-Zamora
R841 Discovery Miles 8 410 Ships in 12 - 17 working days

The relationship between criminal syndicates and politicians has a long history, including episodes even from the earliest years of America's colonies. But while organized crime may not get the headlines it once did in North America, the resurgence of such criminal activity in Latin America, and in some European nations, has grabbed the public's attention. In Dangerous Liaisons noted scholars describe and analyze the role of organized crime in the financing of politics in selected democracies in Latin America (Argentina, Brazil, Colombia, Costa Rica, and Mexico) and in Europe (Bulgaria and Italy). The book seeks to unravel the myths that have developed around crime in these locales, while providing facts and informing the debate on how organized crime corrupts democratic institutions, especially in relation to the funding of political parties and their activities. Among the subjects studied in detail are the role of organized crime in political finance through the lens of Argentina's presidential campaigns of 1999 and 2007; Brazil's elected officeholders and their role in corruption; the weakness of Colombia's democracy; the growing role of money in Costa Rica's politics; the destructive effects of drug money on Mexican institutions; the link between organized crime - narrowly and broadly understood - and political financing in Bulgaria; and crime and political finance in Italy. The work of the scholars corrects what volume editor Kevin Casas-Zamora calls "a glaring gap in the literature on the role of organized crime in the corruption of democratic institutions". That is, the funding of political parties and their activities - which in these cases are mostly election campaigns. The chapters not only present the evidence but also can be regarded as a call to action. Contributors include Leonardo Curzio (CISAN/UNAM), Donatella della Porta (European University Institute), Delia Ferreira Rubio (a member of the international board of directors of Transparency International), Mauricio Rubio (a researcher at the External University of Colombia), Daniel Smilov (Center for Liberal Strategies, Sofia), Bruno Wilhelm Speck (University of Campinas), and Alberto Vannucci (University of Pisa).

Transitional Justice and Rule of Law Reconstruction - A Contentious Relationship (Hardcover, New): Padraig McAuliffe Transitional Justice and Rule of Law Reconstruction - A Contentious Relationship (Hardcover, New)
Padraig McAuliffe
R3,297 R2,778 Discovery Miles 27 780 Save R519 (16%) Ships in 12 - 17 working days

This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. 'This is a bold and nuanced scrutiny of the international system's approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.' Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.

Criminal Liability of Managers in Europe - Punishing Excessive Risk (Hardcover): Stanislaw Tosza Criminal Liability of Managers in Europe - Punishing Excessive Risk (Hardcover)
Stanislaw Tosza
R3,152 Discovery Miles 31 520 Ships in 12 - 17 working days

Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.

Annotated Leading Cases of International Criminal Tribunals - Volume 63, 63 - The International Criminal Court 2014... Annotated Leading Cases of International Criminal Tribunals - Volume 63, 63 - The International Criminal Court 2014 (Paperback)
Andre Klip, Steven Freeland
R5,410 Discovery Miles 54 100 Ships in 12 - 17 working days

The sixty-third volume of the Annotated Leading Cases of International Criminal Tribunals contains the most important decisions taken by the ICC from 23 May 2014 to 1 December 2014. It provides the reader with the full text of the decisions identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions. Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series: http://www.annotatedleadingcases.com/about.aspx.

Moral Accountability and International Criminal Law - Holding Agents of Atrocity Accountable to the World (Paperback): Kirsten... Moral Accountability and International Criminal Law - Holding Agents of Atrocity Accountable to the World (Paperback)
Kirsten Fisher
R1,324 Discovery Miles 13 240 Ships in 12 - 17 working days

This book examines international criminal law from a normative perspective and lays out how responsible agents, individuals and the collectives they comprise, ought to be held accountable to the world for the commission of atrocity. The author provides criteria for determining the kinds of actions that should be addressed through international criminal law. Additionally, it asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book also examines the function of international criminal law and finally considers how the goals and purposes of international law can best be institutionally supported. This book is of particular interest to a multidisciplinary academic audience in political science, philosophy, and law, however the book is written in clear jargon-free prose that is intended to render the arguments accessible to the non-specialist reader interested in global justice, human rights and international criminal law.

Self-Defence in International and Criminal Law - The Doctrine of Imminence (Paperback): Onder Bakircioglu Self-Defence in International and Criminal Law - The Doctrine of Imminence (Paperback)
Onder Bakircioglu
R1,333 Discovery Miles 13 330 Ships in 12 - 17 working days

Drawing from scholarship across law, history, politics and philosophy, Self-Defence in International and Criminal Law provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. It focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. In both national and international law the imminence requirement, if strictly applied, renders any defensive measure taken in anticipation of a would-be attack illegal. Recently, however, attempts have been made to relax the temporal requirement of the self-defence doctrine (imminence) with a view to allowing individuals or States to employ deadly force to arrest an anticipated threat when they 'believe' that using 'pre-emptive' lethal force would be the only way to thwart an expected harm. In domestic criminal law, it has been argued that it is necessary to relax the rule of imminence in domestic violence cases where women employ lethal force against their abusive partners when there is no imminent threat to justify defensive force. At the international level, while there has long been controversy as to the justifiability of pre-emptive force in non-confrontational settings, following the September 11 attacks, the Bush Administration's 'war on terror' policy radically shifted the focus from the notion of anticipation to that of prevention, making it clear that, if necessary, it would invoke unilateral force against emerging threats before they are fully formed. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.

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