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Books > Law > International law > International criminal law
The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.
The success of the four core freedoms of the EU has created fertile ground for transnational organised crime. Innovative, transnational legal weapons are therefore required by national authorities. The availability of data on criminal convictions is at the forefront of the debate. But which mechanism for availability can be used effectively while at the same time respecting an increasingly higher level of data protection at national level? In the fluid, post-'Reform Treaty' environment, the EU is moving towards the creation of a European Criminal Record which will ultimately secure availability of criminal data beyond the weaknesses of Mutual Legal Assistance mechanisms. Examining the concept of a European Criminal Record in its legal, political and data protection dimensions, this multidisciplinary study is an indispensable exploration of a major initiative in European Criminal Law which is set to monopolise the debate on EU judicial co-operation and enforcement.
This book addresses the phenomenon of children as the particular targets of extreme cruelty and genocide during armed conflict. Selected International Criminal Court cases are analyzed to illustrate the ICC's failure to address the genocidal forcible transfer of children to armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide. An original legal interpretation of children as a protected group in the context of the genocide provision of the Rome Statute is provided. The work also examines certain examples of the various modes in which armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide appropriate children and accomplish the genocidal forcible transfer of children to the perpetrator group. It is argued that the failure to prosecute the genocidal forcible transfer of children through the ICC mechanisms (where the Court has jurisdiction and the State has failed to meet its obligations in this regard) undermines the perceived gravity of this heinous international crime within the international community. Furthermore, this ICC failure to prosecute conflicts with the interests of justice and ultimately results in an erosion of the respect for the personhood and human dignity of children.
Anti-money laundering has become increasingly important and complex for anyone involved in international financial services - from bankers, fiduciaries and trustees to lawyers, accountants, fund managers and many others. The USA Patriot Act and the FATF's standards regarding anti-money-laundering (AML) and to combat the financing of terrorism (CFT) are just two significant measures which, together with other relevant legislation in individual countries, have created a complex, globally interconnected system of laws and regulations that international financial professionals must understand. The complexity of AML/CFT regulations in different countries is so immense that there is an obvious need for a practical, concise handbook that gives clear information in this field for all those involved in relevant international business. "Anti-Money Laundering: International Law and Practice" gives a concise overview of: how institutions like the UN Security Council, the EU or the Wolfsberg Forum develop ways to fight money laundering and terrorist financing, and how the Recommendations of the FATF and the Directives of the European Commission concerning AML/CFT are implemented in the legislation of their member countries includes detailed information from a wealth of specialists outlining the implementation of anti-money laundering measures in a total of 41 countries and territories. Accordingly, the handbook is a must for anyone whose activities are affected by AML/CFT regulations as well as the principal point of reference in this field from an international perspective.
Designed to serve as a reference work for practitioners, academics, and scholars worldwide, this book is the first of its kind to explain complex cybercrimes from the perspectives of multiple disciplines (computer science, law, economics, psychology, etc.) and scientifically analyze their impact on individuals, society, and nations holistically and comprehensively. In particular, the book shows: How multiple disciplines concurrently bring out the complex, subtle, and elusive nature of cybercrimes How cybercrimes will affect every human endeavor, at the level of individuals, societies, and nations How to legislate proactive cyberlaws, building on a fundamental grasp of computers and networking, and stop reacting to every new cyberattack How conventional laws and traditional thinking fall short in protecting us from cybercrimes How we may be able to transform the destructive potential of cybercrimes into amazing innovations in cyberspace that can lead to explosive technological growth and prosperity
With Forewords by Geoffrey Robertson QC, Doughty Street Chambers, London, UK and Professor Mihail E. Ionescu, Bucharest, Romania Simona Tutuianu describes a new model of sovereignty which is fast replacing the traditional Westphalian model embodied in Article 2 of the UN Charter and rigorously followed throughout the Cold War. The scholarly basis for this new model draws upon developments in international criminal law which first emerged from the Nuremberg trials and upon more recent interstate economic cooperation which has turned sovereign independence into interdependence across a range of state functions. Does this mean that traditional Westphalian concepts of sovereignty should be abandoned in constructing a new theory of world governance for the twenty-first century? Not at all. A new model, which can be called the pattern of interdependence-based sovereignty, serves to explain contemporary events that puzzle traditional theorists, such as the war over Kosovo, the invasions of Iraq and Libya, the emergence of a "Responsibility to protect" doctrine and its recent validation in Security Council Resolutions 1970 and 1973. We are witnessing the emergence of a new philosophy of action, which is in the process of producing a 21st century system of international relations. The Book will appeal to academics, students and postgraduates studying international affairs, politics, international law, diplomatic history, or war and/or peace studies. It is particularly of interest for NATO establishments and national military schools, while experts and scholars will value its theory of what sovereignty means today. The Book offers a multidisciplinary approach which underpins a new theory of how human rights can be better protected in a better world. There is a unique case study of cooperative security in the Greater Black Sea Area, by one of the few experts on the politics of this region. It will be read and appreciated by those who need to understand how modern international law and diplomacy really work. Journalists, media commentators, human rights NGOs, aid agencies, diplomats and government officials need the information in this Book.
Thepresentbookisbasedonthelecturesdeliveredbytheauthorinthepastfew yearsaspartoftheCriminalLawcourseoftheFacultyofLawattheOnoAcademic College. There has been little research on the principle of legality in modern criminallaw,althoughthisisoneofthemostancientlegalprinciplesofhuman society. In recent generations there have been several attempts to de?ne the principleconclusively,butonlywithregardtosomeofitsaspects. Nocompreh- sivede?nitionoftheprincipleoflegalityhasbeenattemptedtodate. Aconclusivede?nitionoftheprincipleoflegalityincriminallawrequiresboth anaccurateinward-lookingde?nitionoftheprincipleitself,andanoutward-lo- ingtreatmentofitsrelationwithcriminallawtheory. Onlyacoherenttheorythat includestheprincipleoflegalityasanintegralpartofcriminallawtheorycando justicetotheprincipleoflegality. Thisviewisconsistentwiththescienti?cconcept oflaw,whichregardsthelawaspartofscience. AModernTreatiseonthePrincipleofLegalityinCriminalLawisthereforea scienti?ctreatiseononeofthefourprinciplesofthecriminallaw. Thepresent treatiseisdividedintosixparts,accordingtothescienti?cunderstandingofthe principleoflegalityincriminallaw. Chapter1explorestherelationbetweenthe principleoflegalityandthegeneraltheoryofcriminallawinthecontextofthe structureandthedevelopmentoftheprincipleoflegalityinhumansociety. This chapter outlines the four secondary principles of the principle of legality, and describesthemingeneralterms. Chapters 2-Thepresentbookisbasedonthelecturesdeliveredbytheauthorinthepastfew yearsaspartoftheCriminalLawcourseoftheFacultyofLawattheOnoAcademic College. There has been little research on the principle of legality in modern criminallaw,althoughthisisoneofthemostancientlegalprinciplesofhuman society. In recent generations there have been several attempts to de?ne the principleconclusively,butonlywithregardtosomeofitsaspects. Nocompreh- sivede?nitionoftheprincipleoflegalityhasbeenattemptedtodate. Aconclusivede?nitionoftheprincipleoflegalityincriminallawrequiresboth anaccurateinward-lookingde?nitionoftheprincipleitself,andanoutward-lo- ingtreatmentofitsrelationwithcriminallawtheory. Onlyacoherenttheorythat includestheprincipleoflegalityasanintegralpartofcriminallawtheorycando justicetotheprincipleoflegality. Thisviewisconsistentwiththescienti?cconcept oflaw,whichregardsthelawaspartofscience. AModernTreatiseonthePrincipleofLegalityinCriminalLawisthereforea scienti?ctreatiseononeofthefourprinciplesofthecriminallaw. Thepresent treatiseisdividedintosixparts,accordingtothescienti?cunderstandingofthe principleoflegalityincriminallaw. Chapter1explorestherelationbetweenthe principleoflegalityandthegeneraltheoryofcriminallawinthecontextofthe structureandthedevelopmentoftheprincipleoflegalityinhumansociety. This chapter outlines the four secondary principles of the principle of legality, and describesthemingeneralterms. Chapters 2-5 discuss in detail each of the four secondary principles of the principleoflegality. Chapter 2discussesthelegitimatesourcesofthecriminal norm,Chap. 3discussestheapplicabilityofthecriminalnormintime,Chap. 4 discussestheapplicabilityofthecriminalnorminplaceandChap. 5discussesthe interpretationofthecriminalnorm. Eachofthefourchaptersconcludeswitha discussionofthecon?ictoflawsissuesrelevanttothesecondaryprincipleunder investigation. Finally,Chap. 6addressestheproblemofthecon?ictoflawswithin thecon?ictsoflawsandroundsoutthediscussion. ix x Preface IwishtothankOnoAcademicCollegeforsupportingthisproject,andespecially DeanofthefacultyoflawandvicechairmanDudiSchwartzforhisstaunchsupport onsomanyimportantoccasions. IthankGabrielLanyiforhiscommentsandAnke SeyfriedofSpringerHeidelbergforguidingthepublicationofthebookfromits inceptiontoitsconclusion. Finally,Iwishtothankmywifeanddaughtersforthe helpfuldiscussionsandsupporttheyofferedalongtheway. KiryatOno,June2010 GabrielHallevy Contents 1 TheMeaningandStructureofthePrincipleofLegality inCriminalLaw ...1 1. 1 TheRoleofthePrincipleofLegalityintheCriminal LawTheory ...1 1. 1. 1 TheBasicStructureofCriminalLawTheory ...1 1. 1. 2 TheBasicStructureofthePrincipleofLegality inCriminalLaw ...5 1. 2 DevelopmentofthePrincipleofLegalityinCriminalLaw andItsModernJusti?cations ...8 2 TheLegitimateSourcesoftheCriminalNorm ...15 2. 1 TheStructureoftheCriminalNormandItsIdenti?cation ...16 2. 1. 1 ValidConditionalClauses ...16 2. 1. 2 CriminalSanction ...17 2. 1. 3 Classi?cationofOffencesBasedonContent ...18 2. 2 TheLegalSourcesoftheCriminalNorm ...20 2. 2. 1 GeneralPrinciples ...20 2. 2. 2 LegalSources ...33 2. 3 Con?ictofLawsBasedonLegitimateSources oftheCriminalNorm ...46 3 ApplicabilityoftheCriminalNorminTime ...49 3. 1 BasicDistinctions ...49 3. 1. 1 DistinctionBetweenProceduralandSubstantive CriminalNorms ...50 3. 1. 2 DistinctionBetweenRelevantPointsinTime ...51 3. 1. 3 DistinctionBetweenContinuous,Temporary, andFragmentedCriminalNorms ...55 3. 1. 4 DistinctionBetweenMitigatingandAggravating CriminalNorms ...56 xi xii Contents 3. 2 ApplicabilityoftheProceduralCriminalNorminTime ...58 3. 2. 1 TheGeneralRule ...58 3. 2. 2 ApplicationoftheRule ...61 3. 3 ApplicabilityinTimeoftheSubstantiveCriminalNorm ...67 3. 3. 1 TheGeneralRule ...67 3. 3. 2 ApplicationoftheRule ...71 3. 4 Con?ictofLawsBasedonApplicabilityoftheCriminal NorminTime ...78 4 TheApplicabilityoftheCriminalNorminPlace ...81 4. 1 TheBasicDistinctions ...81 4. 1. 1 DistinctionBetweenApplicabilityandJurisdiction inCriminalLaw ...
This book explores in what ways both sides involved in the so-called war on terror are using schoolchildren as propaganda tools while putting the children's security at grave risk. The book explores how terrorists use attacks on education to attempt to destabilize the government while the government and the international aid community use increases in school attendance as an ostensible index of largely illusory progress in the overall security situation and in development. The book challenges the notion that unoccupied civilian schools are not entitled under the law of armed conflict to a high standard of protection which prohibits their use for military purposes. Also examined are the potential violations of international law that can occur when government and education aid workers encourage and facilitate school attendance, as they do, in areas within conflict-affected states such as Afghanistan where security for education is inadequate and the risk of terror attacks on education high.
The Travaux Preparatoires of the Crime of Aggression contains a complete documentation of the fifteen years of negotiations which led up to the historic adoption of the amendments to the Rome Statute of the International Criminal Court at the 2010 Review Conference in Kampala. Arranged chronologically, it includes all relevant official Chairman's drafts, non-papers, country proposals, meeting reports and summary records, as well as selected unpublished materials and transcripts from the dramatic negotiations at the Review Conference. Three introductory articles, each written from the perspective of an insider, put the Kampala compromise into context and explore the amendments on the crime of aggression, their negotiation history and the intentions of the drafters.
After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states' obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.
The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
This brief covers the unique crime group of Outlaw Motorcycle Gangs. Outlaw Motorcycle Gangs are adult criminal associations composed of "bikers" living a deviant lifestyle that includes individual, group, and club criminal behavior. These groups are sometimes called one percenters, due to the American Motorcycle Association statement that ninety-nine percent of motorcyclists are law abiding citizens. While many may be familiar with the reputation of the Hells' Angels, many may not realize the wide network of other Outlaw Motorcycle Gangs or the extent of their involvement in criminal activities. The brief includes a breakdown of the criminal networks and activities of these groups, which operate similarly to an organized crime group. It also covers the evolution of motorcycle clubs to motorcycle gangs. It examines the recent trend of American-based motorcycle gangs into international organized crime activities. This book will be of interest to researcher studying criminology, particularly organized crime and criminal networks, as well as international and comparative law and public policy.
Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
This book critically examines the response of the United Nations (UN) to the problem of sexual exploitation in UN Peace Support Operations. It assesses the Secretary-General's Bulletin on Special Protection from Sexual Exploitation and Sexual Abuse (2003) (SGB) and its definition of sexual exploitation, which includes sexual relationships and prostitution. With reference to people affected by the policy (using the example of Bosnian women and UN peacekeepers), and taking account of both radical and 'sex positive' feminist perspectives, the book finds that the inclusion of consensual sexual relationships and prostitution in the definition of sexual exploitation is not tenable. The book argues that the SGB is overprotective, relies on negative gender and imperial stereotypes, and is out of step with international human rights norms and gender equality. It concludes that the SGB must be revised in consultation with those affected by it, namely local women and peacekeepers, and must fully respect their human rights and freedoms, particularly the right to privacy and sexuality rights.
This work is a multidisciplinary analysis of the issue of insider dealing from the perspective of the applicability of criminal law to regulate it. First, it examines the nature of its prohibition in the European Union and in the United States of America. The text includes a more extensive overview of prohibition in four Member States of the European Union (France, the United Kingdom, Luxembourg and Poland). Then, it summarises the arguments presented by ethicists and economists in favour of and against insider dealing. Further, it analyses the foundations of criminal law and justifications that are given for its application. On the basis of this analysis, it presents a new two-step theory of criminalisation. The first step is based on a liberal theory of wrongfulness that makes reference to protection of the basic human rights. The second step relies on classical but often forgotten principles of criminal law. Finally, it examines possible alternatives to criminal rules.
This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.
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.
Since 2008 increasing pirate activities in Somalia, the Gulf of
Aden, and the Indian Ocean have once again drawn the international
community's attention to piracy and armed robbery at sea. States
are resolved to repress these impediments to the free flow of trade
and navigation. To this end a number of multinational
counter-piracy missions have been deployed to the region.
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."
This book analyses the relationship between law and violence, the utility of law over violence and whether legality as an approach has an inherent disability in addressing mass violence as a crime. The study is located within international law and assesses whether prosecuting political violence would necessarily entail an abuse of the legal process. The intention is to encourage definition of criminal aggression via legal processes laid down by the International Criminal Court, rather than giving favour to political action under the United Nations Charter. Issues discussed in the book include the controversies over the location of the crime of aggression in either law or politics, taking a legal approach to the problems outlined. Using examples from Libya, the Ivory Coast, and Kenya, the work will be of interest to those working in the areas of international criminal justice, international law, legal theory, and international relations.
This book reveals the extent, types, investigation, enforcement and governance of international corruption. Providing a unique international coverage, it reveals the limits of current anti-corruption strategies and explores the involvement of western democratic states in corruption.
International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. 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), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe 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 130, Detention Under International Law: Safeguards Against Torture and Other Abuses, is the third in a three-volume arc on detention under international law. This volume provides an overview of the major documents and human rights judgments that address the treatment of the lawfully detained in times of peace and war. Professor Kristen Boon offers commentary on treaties, declarations, reports, and decisions from multinational and regional bodies and human rights courts that discuss the mistreatment of prisoners and enforced disappearances. This volume addresses the need to eradicate the abuse of alleged criminals in detention, including suspected terrorists, and the continued role of the United Nations, regional human rights systems, and local laws to define and eliminate these practices already prohibited by international law.
Why should America restrain itself in detaining, interrogating, and targeting terrorists when they show it no similar forbearance? Is it fair to expect one side to fight by more stringent rules than the other, placing itself at disadvantage? Is the disadvantaged side then permitted to use the tactics and strategies of its opponent? If so, then America's most controversial counterterrorism practices are justified as commensurate responses to indiscriminate terror. Yet different ethical standards prove entirely fitting, the author finds, in a conflict between a network of suicidal terrorists seeking mass atrocity at any cost and a constitutional democracy committed to respecting human dignity and the rule of law. The most important reciprocity involves neither uniform application of fair rules nor their enforcement by a simple-minded tit-for-tat. Real reciprocity instead entails contributing to an emergent global contract that encompasses the law of war and from which all peoples may mutually benefit.
Reconciliation, Transitional and Indigenous Justice presents fifteen reflections upon justice twenty years after the Truth and Reconciliation Commission of South Africa introduced a new paradigm for political reconciliation in settler and post-colonial societies. The volume considers processes of political reconciliation, appraising the results of South Africa's Commission, of the recently concluded Truth and Reconciliation Commission of Canada and of the on-going process of the Waitangi Tribunal of Aotearoa New Zealand. Contributors discuss the separate politics of Indigenous resurgence, linguistic justice, environmental justice and law. Further contributors present a theoretical symposium focused on The Conceptual Foundations of Transitional Justice, authored by Colleen Murphy, who provides a response to their comments. Indigenous and non-Indigenous voices from four regions of the world are represented in this critical assessment of the prospects for political reconciliation, for transitional justice and for alternative, nascent conceptions of just politics. Radically challenging assumptions concerning sovereignty and just process in the current context of settler-colonial states, Reconciliation, Transitional and Indigenous Justice will be of great interest to scholars of Ethics, Indigenous Studies, Transitional Justice and International Relations more broadly. With the addition of one chapter from The Round Table, the chapters in this book were originally published as a special issue in the Journal of Global Ethics. |
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