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Books > Law > International law > International criminal law

The Genocide Convention Sixty Years after its Adoption (Hardcover, Edition.): Christoph J M Safferling, Eckart-A. Conze The Genocide Convention Sixty Years after its Adoption (Hardcover, Edition.)
Christoph J M Safferling, Eckart-A. Conze
R3,004 Discovery Miles 30 040 Ships in 10 - 15 working days

In 1948 the Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the General Assembly of the United Nations. Thereby genocide was defined as an international crime. Sixty years later, the prosecution of the crime of genocide raises a multitude of questions. Although genocide was not a crime during the Nuremberg Trial its historic roots rest with the persecution of Jews and other minorities by Nazi-Germany. Because of this historic focus the legal definition of genocide is difficult to apply to other conflicts. Bringing together scholars and practitioners, this volume of essays examines the Genocide Convention from historic, legal and social science perspectives. Contemporary witnesses also report on their experiences of the Nuremberg, the Eichmann and the Auschwitz trials. Their contributions offer a range of insights on the practical problems and academic discussion surrounding the prosecution of genocide. And the combination of lawyers, historians and social scientists provides a broad assessment of the topic, from the origins of the Genocide Convention to its future implementation No need to say that this book is an important contribution to the worldwide debate on and prosecution of genocide, making it valuable reading for academics and practitioners in international criminal law, historians, political scientists, students and all others interested in international law, the history of international law and international relations. Christoph Safferling is Professor of Criminal and International Law at the Philipps-University of Marburg, Germany, and Director of the International Research and Documentation Center for War Crimes Trials (ICWC). Eckart Conze is Professor of Modern and Contemporary History at the University of Marburg and Deputy Director of the ICWC.

International Criminal Procedure - A Clash of Legal Cultures (Hardcover, Edition.): Christine Schuon International Criminal Procedure - A Clash of Legal Cultures (Hardcover, Edition.)
Christine Schuon
R3,029 Discovery Miles 30 290 Ships in 10 - 15 working days

4 an incorrect verdict. The basic concept of a criminal trial in common law s- tems is that of a competition between the parties, in which the stronger - and therefore true - version of the case will prevail. Civil law-style criminal proceedings, in contrast, are characterised by a "one case approach." Beginning at the pre-trial stage, only one case is prepared by a state official who carries out by far the major part of the investigations. This state official is either an investigating judge or (as for example in Germany) the prosecutor who, in contrast to a common law prosecutor, is also obliged to investigate exonerating evidence. The defence is granted a right to inspect the case files produced by this investigating authority. If the case proceeds to trial, these case files are transmitted to the trial court. At trial, the central figure is the judge who largely decides on the submission of evidence and questions the witnesses, and who decides over the defendant's guilt or innocence. Thus, only one case is presented at trial. In civil law systems, the judge is under a legal duty to establish the true facts of a case and to submit the appropriate evidence - cordingly. The central concept of a civil law-style criminal trial is that the true facts of a case are established by an official authority.

A Modern Treatise on the Principle of Legality in Criminal Law (Hardcover, 2010 ed.): Gabriel Hallevy A Modern Treatise on the Principle of Legality in Criminal Law (Hardcover, 2010 ed.)
Gabriel Hallevy
R3,090 Discovery Miles 30 900 Ships in 10 - 15 working days

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 ...

Sentencing in International Criminal Law - The UN ad hoc Tribunals and Future Perspectives for the ICC (Hardcover, New): Silvia... Sentencing in International Criminal Law - The UN ad hoc Tribunals and Future Perspectives for the ICC (Hardcover, New)
Silvia D'Ascoli
R5,199 Discovery Miles 51 990 Ships in 10 - 15 working days

This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

Crime within the Area of Freedom, Security and Justice - A European Public Order (Hardcover): Christina Eckes, Theodore... Crime within the Area of Freedom, Security and Justice - A European Public Order (Hardcover)
Christina Eckes, Theodore Konstadinides
R2,627 Discovery Miles 26 270 Ships in 12 - 17 working days

The 'Europeanisation' of the fight against crime is a broad and much-contested notion. This in-depth analysis of the role of the EU in fighting crime within the area of freedom, security and justice explores the impact of EU policies in the Member States, the progressive convergence of Member States' criminal law systems, the emergence of mutual recognition as an alternative to harmonization, and the incremental development of the ECJ's jurisdiction. The essays also explore the limitations inherent in EU counter-crime policies and the changes brought about by the introduction of the Treaty of Lisbon. These changes are discussed both collectively and within individual substantive areas in which the EU has taken an active role in fighting crime, such as corruption, money laundering, terrorism, organised crime and extradition.

Transnational Organised Crime in International Law (Hardcover): Tom Obokata Transnational Organised Crime in International Law (Hardcover)
Tom Obokata
R3,866 Discovery Miles 38 660 Ships in 10 - 15 working days

There is extensive and detailed academic literature on the legal development of international crimes such as war crimes and crime against humanity. However, not much attention has been paid to other serious crimes, including narcotics-related offences, human trafficking and money laundering, which do not necessarily amount to international crimes in the traditional sense. The purpose of this monograph is to fill this gap and offer a critical analysis of developments in the field of transnational organised crime under international law. The book is divided into two parts. Part I is entitled "Norms, Principles, and Concepts." It traces the history of organised crime and explores key concepts and norms relating to the practice from a multi-disciplinary perspective. It then looks at legal obligations imposed upon States as well as non-State actors in relation to transnational organised crime. Part II illustrates how these norms, principles and obligations are translated and enforced in practice. This will be done through case studies at the level of national law (Thailand, Serbia and the UK), regional law (European Union) and international law (United Nations). "A book of many parts, its thematic coherence comes from its devotion to identifying the social threat posed by organised crime and the legal steps taken at the international and national levels against that threat. Rich with example and illustration and written in a light, direct, style, it will provide a lucid guide for practitioners, policy-makers and students to the largely untraversed territory of the international legal system set up to suppress transnational organised crime." Professor Neil Bolster, University of Canterbury, New Zealand. "...the international law governing organized crime is a close relative of the body of law applicable to the International Criminal Court and similar institutions. It provides a forum to address issues of more general concern, such as the scope of universal jurisdiction, immunities, statutory limitation and extradition. Tom Obokata's study, with its original and in some ways unique perspective, enriches our knowledge of the field". Professor William Schabas, Irish Centre for Human Rights. "The book is well written, its documentation is quite exhaustive, and its thesis is timely and compelling." Professor M. Cherif Bassiouni, DePaul University College of Law.

Beyond Punishment: Achieving International Criminal Justice (Hardcover): M Findlay, R. Henham Beyond Punishment: Achieving International Criminal Justice (Hardcover)
M Findlay, R. Henham
R1,577 Discovery Miles 15 770 Ships in 10 - 15 working days

International criminal justice is challenged to better reflect legitimate victim interest. This book provides a framework for achieving synthesis between restorative and retributive dimensions within international criminal trials in order to achieve the peace-making aspirations of the International Criminal Court.

The Invention of International Crime - A Global Issue in the Making, 1881-1914 (Hardcover): P. Knepper The Invention of International Crime - A Global Issue in the Making, 1881-1914 (Hardcover)
P. Knepper
R1,578 Discovery Miles 15 780 Ships in 10 - 15 working days

We live in the age of international crime but when did it begin? This book examines the period when crime became an international issue (1881-1914), exploring issues such as world-shrinking changes in transportation, communication and commerce, and concerns about alien criminality, white slave trading and anarchist outrages.

The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes (Paperback): Hector... The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes (Paperback)
Hector Olasolo; Foreword by Adrian Fulford; Introduction by Ekaterina Trendafilova; Epilogue by Kai Ambos
R1,391 Discovery Miles 13 910 Ships in 12 - 17 working days

As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal. Hector Olasolo's book is indispensible to anyone interested in bringing top leaders, political or military, to account for their complicity in crimes. A.G. Noorani Frontline September 2009

Subsidiaritatsgrundsatz und Tatsachenfeststellung unter der Europaischen Menschenrechtskonvention - Analyse der Rechtsprechung... Subsidiaritatsgrundsatz und Tatsachenfeststellung unter der Europaischen Menschenrechtskonvention - Analyse der Rechtsprechung zu Art. 3 EMRK (German, Hardcover, 1. Aufl. 2019)
Arthur Brunner
R1,505 R1,349 Discovery Miles 13 490 Save R156 (10%) Ships in 12 - 17 working days

Dieses Buch ist eine Open-Access-Publikation unter einer CC BY 4.0 Lizenz. Subsidiaritat ist zu einem Schlusselbegriff des Diskurses um die Europaische Menschenrechtskonvention (EMRK) geworden. Neben seiner vielbeachteten materiell-rechtlichen Funktion kommt dem Begriff auch eine verfahrensrechtliche Tragweite zu. Das vorliegende Buch widmet sich dieser prozessualen Dimension des Subsidiaritatsprinzips und beleuchtet das Verhaltnis von nationalen Gerichten und Europaischem Gerichtshof fur Menschenrechte (EGMR) mit Blick auf die Tatsachenfeststellung. Konkret geht es einerseits um die Frage, wie der EGMR mit Tatsachen umgehen soll, die erst nach Abschluss des nationalen Verfahrens entstanden sind oder vor dem EGMR neu vorgebracht werden (echte und unechte Noven). Anderseits ist aufzuzeigen, ob und unter welchen Umstanden der EGMR von den Tatsachenfeststellungen der nationalen Gerichte abweichen darf.

Principles of International Criminal Law - 2nd Edition (Paperback, 2nd Edition.): Gerhard Werle Principles of International Criminal Law - 2nd Edition (Paperback, 2nd Edition.)
Gerhard Werle
R1,672 Discovery Miles 16 720 Ships in 10 - 15 working days

With the establishment of numerous international and mixed tribunals in recent years, international criminal law has gained unprecedented importance and continues to expand tremendously. This systematic analysis of substantive international criminal law examines its general principles, sources and evolution as well as specific international crimes, providing an in-depth analysis of the Rome Statute of the International Criminal Court (ICC) and customary international law. The updated second edition takes account of the emerging case law of the ICC and other international and national courts in the field. It includes more recent methods of enforcing international criminal law, such as hybrid tribunals, and contains a new separate chapter on implementation.

Principles of International Criminal Law - 2nd Edition (Hardcover, 2nd Edition.): Gerhard Werle Principles of International Criminal Law - 2nd Edition (Hardcover, 2nd Edition.)
Gerhard Werle
R4,630 Discovery Miles 46 300 Ships in 10 - 15 working days

"Principles of International Criminal Law" was first published four years ago and has been well received. It has since appeared not only in a second German edition, but also in Spanish, Italian and Chinese. Rapid developments in the field have now made a new English edition necessary. The worldwide interest in international criminal law is strong and ever growing. This is shown by, among other things, the proliferation of publications on the subject in recent years. While the ad hoc Tribunals for the former Yugoslavia and Rwanda will soon cease operations, the International Criminal Court is just getting in gear: The Court's first decisions on important issues of procedural and substantive law are now available. Other forms of enforcing international criminal law, such as "hybrid" courts, have also assumed greater importance; at the same time, international criminal law has come increasingly to be implemented and enforced in domestic criminal law. Today, there are many indications that international criminal law will continue to develop rather than stagnate or even suffer reversals.

Defence Counsel in International Criminal Law (Hardcover): Jarinde Temminck Tuinstra Defence Counsel in International Criminal Law (Hardcover)
Jarinde Temminck Tuinstra
R3,005 Discovery Miles 30 050 Ships in 10 - 15 working days

Do international criminal courts sufficiently enable defence counsel to conduct an effective defence? When the ad hoc Tribunals for the former Yugoslavia and Rwanda were set up in the mid-nineties to prosecute those responsible for serious violations of international humanitarian law, little thought had been given to how to organize the defence. The Statutes and Rules of Procedure and Evidence were rather concise on the right to legal assistance and the role of the defence in proceedings. Simply assigning one counsel per accused was at first deemed sufficient. However, as the first trials got under way, it became apparent that more assistance was necessary to safeguard fair proceedings. This book is the first integral analysis which deals with the position of the defence in the international criminal courts. It pays particular attention to the sui generis character of international criminal proceedings and explores the critical areas that amount to an effective defence, including a proper legal aid system, access to competent legal assistance, equality of arms between the defence and the prosecution, sound standards of professional conduct and an effective right to self-representation. The book is highly recommended to those working in (international) criminal law, such as practitioners, academics, policymakers and all others interested in this new and still developing area of international law. Dr Jarinde Temminck Tuinstra carried out her research project on defence counsel in international criminal law at the University of Amsterdam and as a visiting researcher at Yale University after which she started working as a criminal defence attorney.

The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes (Hardcover, New):... The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes (Hardcover, New)
Hector Olasolo; Foreword by Adrian Fulford; Introduction by Ekaterina Trendafilova; Epilogue by Kai Ambos
R3,165 Discovery Miles 31 650 Ships in 12 - 17 working days

This is a comprehensive study of the modes of responsibility and liability in international criminal law. It fills a gap in the literature as few books detail the drafting of indictments. It covers both substantive and procedural law and will be useful for both academics and practitioners.As shown by the recent trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions.For these reasons, international criminal law has placed special emphasis on the development the concepts of joint criminal enterprise (also known as the common purpose doctrine) and control of the crime, which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.

The Politics of Constructing the International Criminal Court - NGOs, Discourse, and Agency (Hardcover, New and REV): M Struett The Politics of Constructing the International Criminal Court - NGOs, Discourse, and Agency (Hardcover, New and REV)
M Struett
R1,565 Discovery Miles 15 650 Ships in 10 - 15 working days

The book analyzes the political process that led to the establishment of the International Criminal Court (ICC). It argues that non-governmental organizations (NGOs) played an important role in shaping key provisions in the Court's statute and in achieving early ratification of the ICC Statute. NGOs were able to achieve this result through their use of principled, communicatively rational argument. Thus in addition to accounting for the particular outcome of the ICC negotiations, the book also makes a contribution to our theoretical understandings of the ways that NGO discourse can transform the process of policy formation in world politics.

Raphael Lemkin and the Struggle for the Genocide Convention (Paperback): J Cooper Raphael Lemkin and the Struggle for the Genocide Convention (Paperback)
J Cooper
R2,956 Discovery Miles 29 560 Ships in 10 - 15 working days

This book is the first complete biography of Raphael Lemkin, the father of the United Nations Genocide Convention, based on his papers; and shows how his campaign for an international treaty succeeded. In addition, the book covers Lemkin's inauguration of the historical study of past genocides.

Building the International Criminal Court (Hardcover): Benjamin N. Schiff Building the International Criminal Court (Hardcover)
Benjamin N. Schiff
R1,709 Discovery Miles 17 090 Ships in 12 - 17 working days

The International Criminal Court (ICC) is the first and only standing international court capable of prosecuting humanity's worst crimes: genocide, war crimes, and crimes against humanity. It faces huge obstacles. It has no police force; it pursues investigations in areas of tremendous turmoil, conflict, and death; it is charged both with trying suspects and with aiding their victims; and it seeks to combine divergent legal traditions in an entirely new international legal mechanism. International law advocates sought to establish a standing international criminal court for more than 150 years. Other, temporary, single-purpose criminal tribunals, truth commissions, and special courts have come and gone, but the ICC is the only permanent inheritor of the Nuremberg legacy. In Building the International Criminal Court, Oberlin College Professor of Politics Ben Schiff analyzes the International Criminal Court, melding historical perspective, international relations theories, and observers' insights to explain the Court's origins, creation, innovations, dynamics, and operational challenges.

Statutory Limitations in International Criminal Law (Hardcover): Ruth A. Kok Statutory Limitations in International Criminal Law (Hardcover)
Ruth A. Kok
R1,641 Discovery Miles 16 410 Ships in 10 - 15 working days

This book answers the question whether the passage of time precludes the prosecution of international crimes committed in the past. It focuses on core international crimes (genocide, crimes against humanity and war crimes), torture and the forced disappearance of persons. The (non-)applicability of statutory limitations with respect to crimes committed during the Second World War, former communist regimes in Eastern Europe and military junta regimes in Latin America is examined extensively from a legal as well as historical perspective. It contains an analysis of 192 UN Member States, the case law of more than 18 states, an extended overview of international instruments and documents, international case law, references to scholarly writings and activities of non-governmental organizations. An index, a table of cases and a list of international instruments and documents enhance the usability of this book. Ruth A. Kok carried out her research at the University of Amsterdam, and works presently as a Legal Officer at the International Crimes Section of the District Court in The Hague.

Raphael Lemkin and the Struggle for the Genocide Convention (Hardcover, First): J Cooper Raphael Lemkin and the Struggle for the Genocide Convention (Hardcover, First)
J Cooper
R2,986 Discovery Miles 29 860 Ships in 10 - 15 working days

This book is the first comprehensive biography of Lemkin based on his papers. It highlights the role of culture in Lemkin's campaign for a Genocide convention and his use of the concept in historical research. It throws fresh light on the attempt by the British government to block the convention. This book is the first complete biography of Raphael Lemkin, the father of the United Nations Genocide Convention, based on his papers; and shows how his campaign for an international treaty succeeded. In addition, the book covers Lemkin's inauguration of the historical study of past genocides.

Crafting Transnational Policing - Police Capacity-Building and Global Policing Reform (Hardcover, New): Andrew Goldsmith, James... Crafting Transnational Policing - Police Capacity-Building and Global Policing Reform (Hardcover, New)
Andrew Goldsmith, James Sheptycki
R3,908 Discovery Miles 39 080 Ships in 10 - 15 working days

The book examines the phenomenon of crafting transnational policing. By this term is meant the different forms of engagement in policing reform by international donors, national governments, foreign police and law enforcement agencies in the domestic policing agencies and programs of recipient countries. It includes, inter alia, peace-keeping in post-conflict situations, reconstruction and capacity-building as part of nation- or state-building exercises, and the provision of technical assistance in relation to certain aspects of law enforcement. In each instance, there is a cross-border provision of resources with a view to shaping the kind of policing provided in recipient nations. Why do some countries engage in these activities? Why has policing become a preferred form of foreign policy engagement in some countries? What forms of policing development are provided? How are they delivered? And how are they received? How should these kinds of assistance and/or interventions be conducted in future? In this regard, is there a non-negotiable 'core' of good policing that needs to be developed and nurtured as an integral part of all defensible transnational policing engagements? These are some of the questions raised by the contributions to this book. The book arises primarily from papers presented at a workshop held in Onati, Spain in July 2004 on the emergence of a global constabulary ethic. The book has also been supplemented by two solicited chapters.

Crafting Transnational Policing - Police Capacity-Building and Global Policing Reform (Paperback, New): Andrew Goldsmith, James... Crafting Transnational Policing - Police Capacity-Building and Global Policing Reform (Paperback, New)
Andrew Goldsmith, James Sheptycki
R1,871 Discovery Miles 18 710 Ships in 10 - 15 working days

The book examines the phenomenon of crafting transnational policing. By this term is meant the different forms of engagement in policing reform by international donors, national governments, foreign police and law enforcement agencies in the domestic policing agencies and programs of recipient countries. It includes, inter alia, peace-keeping in post-conflict situations, reconstruction and capacity-building as part of nation- or state-building exercises, and the provision of technical assistance in relation to certain aspects of law enforcement. In each instance, there is a cross-border provision of resources with a view to shaping the kind of policing provided in recipient nations. Why do some countries engage in these activities? Why has policing become a preferred form of foreign policy engagement in some countries? What forms of policing development are provided? How are they delivered? And how are they received? How should these kinds of assistance and/or interventions be conducted in future? In this regard, is there a non-negotiable 'core' of good policing that needs to be developed and nurtured as an integral part of all defensible transnational policing engagements? These are some of the questions raised by the contributions to this book. The book arises primarily from papers presented at a workshop held in Onati, Spain in July 2004 on the emergence of a global constabulary ethic. The book has also been supplemented by two solicited chapters.

Fair Trials - The European Criminal Procedural Tradition and the European Court of Human Rights (Hardcover): Sarah J. Summers Fair Trials - The European Criminal Procedural Tradition and the European Court of Human Rights (Hardcover)
Sarah J. Summers
R3,413 Discovery Miles 34 130 Ships in 10 - 15 working days

The right to a fair trial has become an issue of increasing public concern, following a series of high profile cases such as the Bulger case, Khan (Sultan) and R v DPP ex p Kebilene. In determining the scope of the right, we now increasingly look to the ECHR, but the court has given little guidance, focusing on reconciling procedural rules rather than addressing the broader issues. This book addresses the issue of the meaning of the right by examining the contemporary jurisprudence in the light of a body of historical literature which discusses criminal procedure in a European context. It argues that there is in fact a European criminal procedural tradition which has been neglected in contemporary discussions, and that an understanding of this tradition might illuminate the discussion of fair trial in the contemporary jurisprudence. This challenging new work elucidates the meaning of the fair trial and in doing so challenges the conventional approach to the analysis of criminal procedure as based on the distinction between adversarial and inquisitorial procedural systems. The book is divided into two parts. The first part is dominated by an examination of the fair trial principles in the works of several notable European jurists of the nineteenth century, arguing that their writings were instrumental in the development of the principles underlying the modern conception of criminal proceedings. The second part looks at the fair trials jurisprudence of the ECHR and it is suggested that although the Court has neglected the European tradition, the jurisprudence has nevertheless been influenced, albeit unconsciously, by the institutional principles developed in the nineteenth century.

Complementary Views on Complementarity - Proceedings of the International Roundtable on the Complementary Nature of the... Complementary Views on Complementarity - Proceedings of the International Roundtable on the Complementary Nature of the International Criminal Court, Amsterdam 25/26 June 2004 (Hardcover)
Jann K. Kleffner, Gerben Kor
R1,560 Discovery Miles 15 600 Ships in 10 - 15 working days

The complementarity of the International Criminal Court (ICC) is one of the fundamental principles of the Rome Statute for the International Criminal Court. The principle of complementarity is the parameter which defines the relationship between States and the ICC. It provides that cases are admissible before the ICC if a State remains wholly inactive or is 'unwilling' or 'unable' to investigate and prosecute genuine cases of genocide, crimes against humanity and war crimes. The Amsterdam Center for International Law and the Department of Legal Philosophy at the Law Faculty of the Free University of Amsterdam held an international expert roundtable on the 'Complementarity Principle of the Rome Statute of the International Criminal Court' on 25 and 26 June 2004. This book contains contributions on complementarity, which were presented and discussed during that meeting. They analyse the principle from theoretical, practical and conceptual perspectives.

International Criminal Accountability and the Rights of Children (Hardcover): Karin Arts, Vesselin Popovski International Criminal Accountability and the Rights of Children (Hardcover)
Karin Arts, Vesselin Popovski
R1,563 Discovery Miles 15 630 Ships in 10 - 15 working days

Hague Academic Press, a T.M.C. Asser Press imprint

Children and young persons are increasingly being targeted for trafficking, sexual exploitation, recruitment as child soldiers, and other abuses. Children prove to be particularly vulnerable in situations of armed conflict, such as Darfur, the Democratic Republic of Congo, the Philippines, Nepal, and Colombia. A rich combination of practitioners (including ICC, ICTY and SCSL prosecutors) and academics explore to what extent international law instruments and international criminal accountability mechanisms are useful for countering violations of children's rights during and after armed conflicts. They also analyze to what extent the tendency of profiling children's rights much more strongly than before (mainly under the umbrella of the 1989 UN Convention on the Rights of the Child and in the form of child rights-based approaches) converges with the features of international criminal accountability mechanisms such as the International Criminal Court, the Yugoslavia and Rwanda Tribunals, and the Special Court for Sierra Leone.

Suppressing Terrorist Financing and Money Laundering (Hardcover, 2006 ed.): Jae-Myong Koh Suppressing Terrorist Financing and Money Laundering (Hardcover, 2006 ed.)
Jae-Myong Koh
R3,120 Discovery Miles 31 200 Ships in 10 - 15 working days

The book analyses the development of international standards for countering terrorist financing from the perspective of international criminal law. It is likely to find its value for readers not only as a monograph on the financing of terrorism but also as a reference book on the operational and theoretical development of anti-money laundering strategy following 9/11. In particular, the works of main actors in this area such as the UN Security Council, Financial Action Task Force, IMF, World Bank, and APG are dealt with in depth.

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