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Books > Law > International law > International criminal law
This book offers a unique and powerful critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By critically examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects.
Identity crime, which encompasses both identity theft and identity fraud, is one of the fastest growing crimes around the world, yet it lacks its own identity: there is no universally accepted definition, little understanding of what the crime is or should be, and no legal framework placing the crime into a coherent and effective grouping of criminal sanctions. In this book, Dr. Syed Ahmed addresses and proposes solutions for resolving these issues and tackles head-on the various facets of what is needed to deal with Identity Crime. A comprehensive and an exhaustive study of different types of Identity Crime is conducted and practical recommendations for preventing and minimizing the impact of identity crime is presented for all to consider.
This book focuses on the enforcement aspect of tobacco control policy, and argues that the intense regulation of the tobacco market will never be successful as long as it can be circumvented by the availability of illicit tobacco products. Yet, current efforts to combat illicit tobacco trade are insufficient, suffering from several flaws and gaps at the regulatory and operational levels. The aim of this book is to provide an analysis of the legal framework and practice of enforcement with regard to illicit tobacco products. Combining criminological and legal perspectives, it presents and critically analyses the phenomenon of illicit tobacco trade, as well as the policies, legal frameworks and practices in six EU countries with regard to combatting this phenomenon, assessing the strengths and weaknesses of their approaches. Furthermore, it studies the relationship between the EU and third countries (e.g. Ukraine) in terms of how the EU can influence policy and enforcement in these countries in order to counter illicit tobacco trafficking. Not exclusively focusing on the EU, the book also includes an analysis of enforcement against illicit tobacco products in the US. The EU Member States analysed in the book (Belgium, Germany, Italy, Latvia, the Netherlands and Poland) reflect the range of currently available approaches. Some of them have ratified the WHO Protocol against tobacco smuggling; others have not. They belong to different legal traditions and face different challenges due to their respective border situations. While Belgium and the Netherlands are key entry ports to the EU, Poland and Latvia represent the Eastern land border of the EU, with various regional challenges. Italy has a long maritime border, where trafficking is possible from Northern Africa and from the Middle East. It also has significant experience in fighting organised crime. Lastly, Germany is the largest market in Europe and situated in the middle of these trafficking routes.
This edited volume examines the continued viability of international human rights law in the context of growing transnational law enforcement. With states increasingly making use of global governance modes, core exercises of public authority such as migration control, surveillance, detention and policing, are increasingly conducted extraterritorially, outsourced to foreign governments or delegated to non-state actors. New forms of cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. At the same time, some governments engage in transnational law enforcement exactly to avoid such responsibilities, creatively seeking to navigate the complex, overlapping and sometimes unclear bodies of international law. As such, this volume argues that this area represents a particular dark side of globalisation, requiring both scholars and practitioners to revisit basic assumptions and legal strategies. The volume will be of great interest to students, scholars and practitioners of international relations, human rights and public international law.
Scholars and practitioners working in 'transitional justice' are concerned with remedies of accountability and redress in the aftermath of conflict and state repression. Transitional justice, it is argued, provides recognition of the rights of victims, promotes civic trust, and strengthens the democratic rule of law. As serious scholarship flourishes around this critical concept as never before, this new collection from Routledge meets the need for an authoritative reference work to map a vibrant site of research and reflection. In four volumes, Transitional Justice is an accessible database which brings together foundational and the best and most influential cutting-edge materials, including key works produced before the term 'transitional justice' gained wide currency but which anticipate approaches now included under that rubric. The collection covers themes such as: truth and history; acknowledgement, reconciliation, and forgiveness; retribution, restorative justice and reparations; and democracy, state-building, identity, and civil society. Fully indexed and with a comprehensive introduction, newly written by the editors, Transitional Justice is an essential work of reference.
This book is open access under a CC BY 4.0 license. This edited collection explores the background and implementation of the Nordic Barnahus (or 'Children's House') model - recognised as one of the most important reforms related to children who are the victims of crime in the Nordic region. This book discusses both its potential to affect change and the challenges facing it. The model was introduced as a response to a growing recognition of the need for more integrated and child-centred services for children exposed to violence and sexual abuse. In the Barnahus structure, different professions work together to ensure that victimized children receive help and treatment and that their legal rights are met. This original study is organised into four broad themes: child-friendliness, support and treatment; the forensic child investigative interview; children's rights perspectives; and interagency collaboration and professional autonomy. Each themed section includes in-depth chapters from different Nordic countries, outlining and analysing the practice and outcomes of the collaborative work engaged in by Barnahus from different perspectives. The introductory and concluding chapters offer a comparative lens useful for policy and practice implementation within the Nordic welfare state context and beyond, ensuring this book has global academic and practical appeal.
Attempts to try individuals such as Slobodan Milosevic and Saddam Hussein for international crimes and the creation of the International Criminal Court highlight the growing currency and importance of international criminal law as a discipline in its own right. Contemporary importance and academic interest in the subject is rapidly eclipsing that in the more mainstream discipline of human rights. For practitioners, scholars and students of international criminal law (ICL), this unique collection provides access to the core international instruments in one convenient volume. Containing seventy-nine principal documents on ICL dating from 1919 to 2005, this user-friendly book organizes the documents around generally recognised categories of international crimes, such as war crimes, crimes against humanity and terrorism. It also includes constitutive instruments of the most important international, domestic and hybrid tribunals, including the Statute of the International Criminal Court, its rules of procedure and elements of crimes. Principal international and regional instruments which deal with the facilitation of a truly international system of criminal justice, in the form of extradition and mutual assistance are also included. Each document has been carefully edited to present information that is directly relevant to international criminal law while all extraneous material has been excluded. Most importantly, each extract has its own introduction which provides the reader with official citations, parties, date of entry into force, an outline of the legislative history, links to related documents and a brief commentary analyzing and contextualizing the principal provisions.
1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg ("IMT"). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia ("ICTY") and the International Criminal Tribunal for Rwanda ("ICTR") in the 1990's and most recently the International Criminal Court ("ICC"). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these 'challenging - pects' can also be described as a 'pertinent issue' of the concept of individual criminal responsibility for core international crimes.
Although rooted in a similar ideal, human rights (IHRL), international criminal law (ICL) and international humanitarian law (IHL) are separate fields of law, best represented as circles, each of which overlaps with the other two. However human rights often seems to absorb the other two, while in other situations, the lines between human rights law and its next door neighbours are blurred or contested.This volume consists of three main parts. The first main part explores the convergences and divergences between IHL and/or IHRL on the one hand, and ICL stricto sensu on the other hand. The second part investigates the convergences and divergences between IHRL and transnational crimes, or ICL in the broader sense, which suppresses crimes such as drug trafficking, trafficking in human beings and corruption through international treaties providing for domestic enforcement. The last main part of this volume provides the reader with novel and original insights as to how IHRL and IHL converge and diverge by considering if and how the norms of other branches of international law come into play and how the European Court of Human Rights has engaged with the sometimes contradicting norms of IHL. It furthermore analyses the relationship between the specific IHL and IHRL norms which prohibit arbitrary displacement and maps their interaction. Finally, the effectiveness of States' investigations of war crimes committed by their armed forces is evaluated by emphasising attention to the relevant standards developed within IHRL, since IHL does not indicate specific criteria to evaluate the effectiveness of an investigation.
This book explores the pros and cons of the death penalty and the history of capital punishment. In this context, it puts a special emphasis on the situation in Hungary, where, amongst its neighbors, in recent years the demand for the reestablishment of the death penalty has received the strongest political support from many pro-government politicians. Toth presents tendencies toward abolition of the death penalty and analyzes the arguments by which the death penalty can, in principle, be criticized or even defended. The book presents the main issues of the death penalty, arguments of both abolitionists and retentionists, and reviews the modern history of this sanction. It does not seek to convince the reader of the correctness or wrongness of the death penalty, but it presents both sides of the argument and their standpoints, and leaves the reader to decide. It encourages informed debate and discussion.
After the crime of aggression was adopted under the Rome Statute of the International Criminal Court, Carrie McDougall used her intimate involvement in the crime's negotiations, combined with extensive scholarly reflection to produce the first and most comprehensive academic study. This updated second edition offers an exhaustive and sophisticated legal analysis of the crime's definition, as well as the provisions governing the ICC's exercise of jurisdiction over the crime. It explores the desirability of holding individuals to account for unlawful uses of inter-State armed force, the geo-political significance of the crime and a range of practical issues likely to arise in prosecutions before both the ICC and domestic courts. This book is highly relevant to all academics and practitioners interested in the crime of aggression, as well as broader issues relating to the prohibition of the use of force, international criminal law and the ICC.
In 1993, the United Nations Security Council set up an ad hoc tribunal to bring to trial those accused of the worst breaches of humanitarian law in the war-torn former Yugoslavia, thus setting in motion a process which has significantly raised the profile and importance of international criminal justice. Whether through a proliferation of international criminal courts and tribunals, or by the many pronouncements in domestic courts on international crimes, the patchwork of disparate rules, principles, conventions, and treaties is now taking discernible shape, and a distinct corpus of law operating across diverse cultures and varied legal traditions is rapidly emerging. Responding to these momentous developments, this new title from Routledge's Major Works series, Critical Concepts in Law, addresses the acute need for an authoritative reference work that traces the evolution of the emerging discipline of international criminal law. The learned editors aver that now is the time to take stock and make some sense of the subject's dauntingly vast literature, to identify a canon, and to engage with its key concepts. Selected by Antonio Cassese, the first President of the Yugoslavia Tribunal and the author of some of the most influential books on the subject, and a small team of noted scholars, this new four-volume collection assembles the best scholarship from the time of Nuremberg and Tokyo to the present day. The volume editors have realized an ambitious aim. Not only does International Criminal Law bring together ground-breaking material sourced from a wide range of academic journals, edited collections, textbooks, and monographs, many of which are now hard to obtain, the editors also illuminate the much broader-and fundamental-issues related to impunity, guilt, restitution, and social reconciliation. With a full index and a comprehensive introduction, International Criminal Law is an essential, authoritative, and accessible work of reference for scholar, student, and practitioner alike.
Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice-an emotional response to competing interpretations of justice-to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC's all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC's mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.
Financial crime affects virtually all areas of public policy and is increasingly transnational. The essays in this volume address both the theoretical and policy issues arising from financial crime and feature a wide variety of case studies, and cover topics such as state revenue collection, criminal enterprises, money laundering, the use of new technologies and methods in financial crime, corruption, terrorism, proliferation of WMD, sanctions, third-world debt, procurement, telecommunications, cyberspace, the defense industry and intellectual property. Taken together, these essays form a must-read collection for scholars and students in law, finance and criminology.
This carefully regarded and well-structured handbook covers the broad range of norms, practices, policies, processes and institutional mechanisms of international criminal law, exploring how they operate and continue to develop in a variety of contexts. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. The Research Handbook on International Criminal Law will appeal to practitioners who may want to defend, or prosecute, international criminal law cases, and academics researching and writing on international criminal law. Graduate students studying international criminal law, international human rights or international humanitarian law as well as those studying international justice, international politics, international organization or public policy analysis, will also find this book invaluable. Contributors: K. Ambos, K.D. Askin, M.C. Bassiouni, B.S. Brown, J. Cerone, D.M. Crane, C. da Silva, M.M. deGuzman, M.A. Drumbl, M.S. Ellis, V.P. Nanda, S.M.H. Nouwen, F. Patel King, K. Peschke, N. Roht-Arriaza, W.A. Schabas, M.P. Scharf, D. Weissbrodt, K.K. Zinsmaster
This selection of influential articles traces our evolving understanding of transnational organized crime - paradigm shifts - from the 'alien conspiracy' focused research to the more nuanced focused scholarship on 'markets' and 'networks', culminating in a focus on 'enablers' of transnational crimes and evaluations of 'harm' from transnational crimes. The selected essays and articles reflect the way in which politics, economics and social factors have impacted on scholarly thinking and the introduction also highlights the many authors and professionals who have been influential in this field. This volume is an essential 'one-stop' resource for lecturers and students interested in all aspects of transnational organized crime.
Plea bargaining is one of the most important and most discussed issues in modern criminal procedure law. Based on historical and comparative legal research, the author has analysed the wide-spread use of plea bargaining in different criminal justice systems. The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied. Drawing on her research findings, the author goes on to discuss the extent to which plea bargaining should be developed in the International Criminal Court in The Hague, as the question of this practise is set to be one of the seminal debates in the development of international criminal procedures in the new International Criminal Court. Plea Bargaining in National and International Law will be of particular interest to academics and students of international criminal law, criminal procedures and comparative law.
Over the last quarter of a century a new system of global criminal justice has emerged; national judges have become bolder in prosecuting crimes committed abroad, special tribunals have been able to target national leaders as well as their henchmen, and a permanent International Criminal Court has been established. But how successful have these ambitious transformations been? Have they ushered in a new era of cosmopolitan justice or are the old principles of victors justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice - focusing on the trials of some of the world s most notorious war criminals, including Augusto Pinochet, Slobodan Milo evi , Radovan Karad i , Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?
Southeast Asian waters are critical for international trade and the global economy. Combating maritime crimes has always been a priority as well as a challenge for ASEAN member states. While much emphasis has been placed on enhancing operational cooperation against maritime crimes, the need for an effective legal framework to combat such maritime crimes has not been sufficiently examined. This book demonstrates that ASEAN member states can establish a legal framework to combat maritime crimes by ratifying and effectively implementing relevant global and regional conventions. It also explores the issues that ASEAN member states, and ASEAN as an organization, face in establishing such a framework and suggests suitable steps that can be taken to address such issues. This informative and detailed study will inform research and policy, and will appeal to government, treaty and policy officials, academics, researchers and students, as well as international and regional organizations concerned with piracy and other related maritime crimes, ocean affairs and the law of the sea. Contributors: R.C. Beckman, W.L. Cheah, M.F.A. Ibanez, M. Jacobsson, N. Passas, J.A. Roach, C. Termsak, A. Twyman-Ghoshal, K. von Hoesslin
Philosophy matters. This is the message of this highly original inquiry into the relationship between science and religion. It is only when we examine the intellectual presuppositions on which science and religion are based, with regard to such fundamentals as truth, objectivity, and realism, that we perceive the link between these two enterprises which are essential to any characterization of man. The book offers a lucid and enlightening account of the main movements in the philosophy of science in the twentieth century, and then proceeds to demonstrate their consequences for philosophy of religion. After examining the wide and all-pervasive influence of positivism, and its offspring relativism, in both science and theology, he suggests that the attempt to provide an alternative, made by Karl Popper, offers the most satisfactory way forward in man's twofold enquiry in terms of his relationship with God and with the world.
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 during 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 the author 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. This account of the legal culpability of the powerful within the corridors of government, in both London and Paris, shows that these behaviours cannot be conceptualised under existing notions of state crime. This book serves to illuminate the inadequacies and limitations of a concept of state crime in international law as it currently stands, and will be of considerable interest to anyone concerned with the misuse of state power.
This book discusses the evolving principle of transitional justice in public international law and international relations from the female perspective at a time when the concept is increasingly recognised by the international community as an effective framework in which to negotiate and manage a community's post-conflict transition to peace and stability. The book adopts a gender lens with a particular focus on women's direct experiences and perceptions either as intended beneficiaries of transitional justice (TJ), protagonists in that process or as practitioners, in order to present a unique view in relation to the development of TJ. The range of experiences and knowledge in this collection provides a fresh and unique perspective through its blend of theory and practice. This book will be of particular interest to students and scholars of law, political science and gender studies.
This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play. |
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