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Books > Law > International law > International criminal law

The International Criminal Court in an Effective Global Justice System (Hardcover): Linda E. Carter, Mark Steven Ellis, Charles... The International Criminal Court in an Effective Global Justice System (Hardcover)
Linda E. Carter, Mark Steven Ellis, Charles C. Jalloh
R3,495 Discovery Miles 34 950 Ships in 12 - 17 working days

This book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs). This timely evaluation of the experiences of the ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC's current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. Lawyers, judges, NGOs, government officials, academics, and policy makers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity.

New International Frontiers in Child Sexual Abuse - Theory, Problems and Progress (Hardcover, 1st ed. 2019): Ben Mathews New International Frontiers in Child Sexual Abuse - Theory, Problems and Progress (Hardcover, 1st ed. 2019)
Ben Mathews
R2,590 Discovery Miles 25 900 Ships in 10 - 15 working days

This book offers a timely and detailed exploration and analysis of key contemporary issues and challenges in child sexual abuse, which holds great relevance for scholarly, legal, policy, professional and clinical audiences worldwide. The book draws together the best current evidence about the nature, aetiology, contexts, and sequelae of child sexual abuse. It explores the optimal definition of child sexual abuse, considers sexual abuse in history, and explores new theoretical understandings of children's rights and other key theories including public health and the Capabilities Approach, and their relevance to child sexual abuse prevention and responses. It examines a selection of the most pressing legal, theoretical, policy and practical challenges in child sexual abuse in the modern world, in developed and developing economies, including institutional child sexual abuse, female genital cutting, child marriage, the use of technology for sexual abuse, and the ethical responsibility and legal liability of major state and religious organisations, and individuals. It examines recent landmark legal and policy developments in all of these areas, drawing in particular on extensive developments from Australia in the wake of its Royal Commission Into Institutional Responses to Child Sexual Abuse. It also considers the best evidence about promising strategies and future promising directions in enhancing effective prevention, intervention and responses to child sexual abuse.

Transnational Evidence and Multicultural Inquiries in Europe - Developments in EU Legislation and New Challenges for Human... Transnational Evidence and Multicultural Inquiries in Europe - Developments in EU Legislation and New Challenges for Human Rights-Oriented Criminal Investigations in Cross-border Cases (Hardcover, 2014 ed.)
Stefano Ruggeri
R3,315 Discovery Miles 33 150 Ships in 12 - 17 working days

This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system.

The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

The Criminal Trial in Law and Discourse (Hardcover): T. Kirchengast The Criminal Trial in Law and Discourse (Hardcover)
T. Kirchengast
R1,471 Discovery Miles 14 710 Ships in 10 - 15 working days

This book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.

Autonomy and Cooperation Within the International Criminal Court and United Nations Security Council (Hardcover): Dimitris... Autonomy and Cooperation Within the International Criminal Court and United Nations Security Council (Hardcover)
Dimitris Liakopoulos
R5,067 R3,786 Discovery Miles 37 860 Save R1,281 (25%) Ships in 10 - 15 working days

In Autonomy and Cooperation, noted legal scholar Dimitris Liakpolous explores the content of powers attributed by the Statute of Rome to United Nations Security Council. It begins by investigating the power to activate the investigations of the prosecutor before examining the power to suspend judicial activity. The book then defines the characteristics of Security Council intervention in the context of cooperation and judicial assistance and examines prerogatives regarding the crime of aggression. The study concludes with an appreciation of the effect of Security Council action on the jurisdictional activity of the International Criminal Court. Final considerations aim to examine the relevance of the possible coordination models of the action of the two bodies, proposed during this introduction, in defining the forms that the interactions between the two bodies.

The Laws of Genocide - Prescriptions for a Just World (Hardcover): Thomas W. Simon The Laws of Genocide - Prescriptions for a Just World (Hardcover)
Thomas W. Simon
R2,424 Discovery Miles 24 240 Ships in 10 - 15 working days

The tools of reason offer the best hope for the international community to confront the increasing incidents of hate throughout the world. A historically informed, normative examination of the elements of the crime of genocide provides an excellent case study of how the law, reason's handmaiden, enhances understanding and improves practical ways of dealing with global injustices. How should we confront hate? As political activists, we could resort to fighting hate with hate. As concerned citizens, we could consciously ignore or actively protest hate. As committed educators, we could put the implements and survivors of hate on display. As committed scholars, we could resuscitate the idea of evil. As humanitarian jurists, we could put individual hate-mongers on trial. Part I of this book makes a case for making the maximum use of reason to deal with hate. This means that we should actively debate those who promote hate. Further, as a close look at the history of applying law to incidents of hate and violence illustrates, the courtroom proves to be an excellent place to demonstrate the virtues of applying the tools of reason, not to global evils, but to the grave injustices of the world. In Part II, Simon demonstrates the power of legal analysis in enhancing our understanding of genocide, probably the worst injustice imaginable. A close examination of each purported element of the crime of genocide redirects misguided turns taken by international jurists. Contrary to a more realistic perspective adopted at the Nuremberg trials, jurists have mistakenly modeled international criminal law on national criminal law, which focuses on individual responsibility. However, the cases of grave injustices throughout the 20th century amply demonstrate the primary collective responsibility underlying incidences of genocide. The failure to prosecute criminal organizations for genocide has and will continue to have disastrous results. While the Nuremberg tribunal at least disbanded the responsible Nazi organizations, current war crimes tribunals have allowed organizations responsible for the Rwandan genocide to continue to wreak havoc throughout Central Africa. If the international community cannot forge a common understanding of genocide, then it has little hope of establishing an international legal order or a global ethics.

Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda - The Search for Truth, Justice and Reconciliation... Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda - The Search for Truth, Justice and Reconciliation (Hardcover, 1st ed. 2018)
Pietro Sullo
R3,548 Discovery Miles 35 480 Ships in 10 - 15 working days

Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.

The African Criminal Court - A Commentary on the Malabo Protocol (Hardcover, 1st ed. 2017): Gerhard Werle, Moritz Vormbaum The African Criminal Court - A Commentary on the Malabo Protocol (Hardcover, 1st ed. 2017)
Gerhard Werle, Moritz Vormbaum
R4,268 Discovery Miles 42 680 Ships in 10 - 15 working days

This book offers the first comprehensive and in-depth analysis of the provisions of the 'Malabo Protocol'-the amendment protocol to the Statute of the African Court of Justice and Human and Peoples' Rights-adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples' Rights with jurisdiction over international and transnational crimes, hence an 'African Criminal Court'. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universitat zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi'an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Munster (Germany) and his postdoctoral degree from Humboldt-Universitat zu Berlin. He is a Senior Researcher at Humboldt-Universitat, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

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
R2,815 Discovery Miles 28 150 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.

The Transnationalization of Anti-Corruption Law (Paperback): Philip M. Nichols, Regis Bismuth The Transnationalization of Anti-Corruption Law (Paperback)
Philip M. Nichols, Regis Bismuth; Series edited by Paolo Farah; Edited by Jan Dunin-Wasowicz
R1,207 Discovery Miles 12 070 Ships in 12 - 17 working days

The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.

Status of Forces: Criminal Jurisdiction over Military Personnel Abroad (Hardcover, 2015 ed.): Joop Voetelink Status of Forces: Criminal Jurisdiction over Military Personnel Abroad (Hardcover, 2015 ed.)
Joop Voetelink
R4,321 Discovery Miles 43 210 Ships in 12 - 17 working days

This book brings into focus the legal status of armed forced on foreign territory within, inter alia, the context of multi-national exercises and a variety of so-called crisis management operations. When it comes to criminal offences committed by military personnel while abroad it is important to know whether such offences fall under the criminal jurisdiction of the Sending State or that of the Host State. The book analyses this question from two different perspectives, namely traditional public international law and military operational law. Taking his readership through two hundred years of international practice the author arrives at the current practice of laying down the status of forces deployed abroad in so-called Status of Forces Agreements (SOFAs). Having looked at SOFAs from the two different law perspectives the author proposes the development of a "Status of Forces Compendium" to serve as a kind of guideline for future SOFAs. The author's intention in proposing this idea is to instigate further discussion on the subject in public international law and criminal law circles and among armed forces' legal advisors. Joop Voetelink is an Associate Professor of Military Law at the Netherlands Defence Academy.

Research Handbook on the International Penal System (Hardcover): Roisin Mulgrew, Denis Abels Research Handbook on the International Penal System (Hardcover)
Roisin Mulgrew, Denis Abels
R6,232 Discovery Miles 62 320 Ships in 12 - 17 working days

Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal System critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development. This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, penology, prisoners' rights and transitional and restorative justice. Its recommendations for development will also interest international and national officials working in criminal law and justice. Contributors: D. Abels, K. Ambos, O. Bekou, S. D Ascoli, T.A. Doherty, M.A. Drumbl, S.A. Fisher, B. Hola, A. Jones, N. Kiefer, C. McCarthy, L. McGregor, R. Mulgrew, J.C. Nemitz, M.M. Penrose, G. Sluiter, S. Snacken, A. Trotter, H. van der Wilt, J. van Wijk, D. van Zyl Smit, R. Young

Universal Jurisdiction: The Sierra Leone Profile (Hardcover, 2015 ed.): Justice Bankole Thompson Universal Jurisdiction: The Sierra Leone Profile (Hardcover, 2015 ed.)
Justice Bankole Thompson
R3,102 R1,785 Discovery Miles 17 850 Save R1,317 (42%) Ships in 12 - 17 working days

The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country's profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. It was also to propose necessary substantive and procedural law reforms in the state's jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant tables and summaries of each chapter. Justice Rosolu J.B. Thompson is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a member of and Presiding Judge in Trial Chamber I of the Special Court for Sierra Leone.

Principles of International Criminal Law - 2nd Edition (Hardcover, 2nd Edition.): Gerhard Werle Principles of International Criminal Law - 2nd Edition (Hardcover, 2nd Edition.)
Gerhard Werle
R4,363 Discovery Miles 43 630 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.

Narratives of Justice In and Out of the Courtroom - Former Yugoslavia and Beyond (Hardcover, 2014): Dubravka Zarkov, Marlies... Narratives of Justice In and Out of the Courtroom - Former Yugoslavia and Beyond (Hardcover, 2014)
Dubravka Zarkov, Marlies Glasius
R2,793 Discovery Miles 27 930 Ships in 10 - 15 working days

This volume considers the dynamic relations between the contemporary practices of international criminal tribunals and the ways in which competing histories, politics and discourses are re-imagined and re-constructed in the former Yugoslavia and beyond. There are two innovative aspects of the book - one is the focus on narratives of justice and their production, another is in its comparative perspective. While legal scholars have tended to analyze transitional justice and the international war tribunals in terms of their success or failure in establishing the facts of war crimes, this volume goes beyond mere facts and investigates how the courts create a symbolic space within which competing narratives of crimes, perpetrators and victims are produced, circulated and contested. It analyzes how international criminal law and the courts gather, and in turn produce, knowledge about societies in war, their histories and identities, and their relations to the wider world.

Moreover, the volume situates narratives of transitional justice in former Yugoslavia both within specific national spaces - such as Serbia, and Bosnia - and beyond the Yugoslav.In this way it also considers experiences from other countries and other times (post-World War II) to offer a sounding board for re-thinking the meanings of transitional justice and institutions within former Yugoslavia. Included in the volume's coverage is a look at the Rwandan tribunals, the trials of Charles Taylor, Radovan Karadzic, the Srebrenica genocide, and other war crimes and criminals in the Yugoslav.Finally, it frames all of those narratives and experiences within the global dynamics of legal, social and geo-political transformations, making it an excellent resource for social science researchers, human rights activists, those interested in the former Yugoslavia and international relations, and legal scholars.

"

Governance and Security Issues of the European Union - Challenges Ahead (Hardcover, 1st ed. 2016): Jaap De Zwaan, Martijn Lak,... Governance and Security Issues of the European Union - Challenges Ahead (Hardcover, 1st ed. 2016)
Jaap De Zwaan, Martijn Lak, Abiola Makinwa, Piet Willems
R4,735 Discovery Miles 47 350 Ships in 12 - 17 working days

This book provides a comprehensive coverage of crucial issues concerning EU co-operation and European security. At present, Europe is confronted with a number of serious common and global challenges, the most important being the economic crisis, migration issues, geopolitical tensions at its external borders, terrorism, climate change and environmental challenges. These developments have a huge impact on the stability and security of the continent as a whole and on each individual European country. Europe, more particularly the European Union, has to organize its governance and security infrastructure in such a way that it can cope with these global threats. This edited volume collects a number of topics and themes connected to the governance and/or security dimensions of EU co-operation. The book is divided into several parts, which deal respectively with the values and general principles of EU co-operation; institutional aspects of EU co-operation; a number of individual policy domains; areas of European criminal law; the external relations of the EU; and the future functioning of EU co-operation as a whole. The eighteen chapters, written by a team of experts with extensive practical and academic experience, contain insights and information valuable to researchers, students, practitioners and policy makers concerned with EU law and international law.About the editors Jaap de Zwaan is Lector European Integration at The Hague University of Applied Sciences, and Emeritus Professor of the European Union Law at Erasmus University Rotterdam. He served for nearly twenty years as a member of the Diplomatic Service of the Dutch Ministry of Foreign Affairs, where he worked notably in the domain of European integration. He was also the Director of the Netherlands Institute of International Relations Clingendael in The Hague for almost six years. Martijn Lak is a historian and a Lecturer and Researcher at the Department of European Studies of The Hague University of Applied Sciences. He studied Journalism and History at the University of Applied Sciences Utrecht, and obtained his Ph.D. in 2011. Martijn Lak specializes in post-war Dutch-German economic and political relations and contemporary German history. Abiola Makinwa is a Senior Researcher and Lecturer in commercial Law with a special focus on Anti-Corruption Law and Policy at The Hague University of Applied Sciences. Abiola Makinwa holds a Ph.D. from Erasmus University, Rotterdam. She is a frequent speaker on anti-corruption law and policy and has introduced Anti-Corruption Compliance as an undergraduate course at The Hague University. Piet Willems is a Lecturer in International and European Law at The Hague University of Applied Sciences, where he focuses on project-based learning, moot court coaching and competition law. His research activities focus on regulation in the European Union. He obtained both his Master's degree and his LL.M. in European Law from Ghent University. -based learning, moot court coaching and competition law. His research activities focus on regulation in the European Union. He obtained both his Master's degree and his LL.M. in European Law from Ghent University.

Borders, Legal Spaces and Territories in Contemporary International Law - Within and Beyond (Hardcover, 1st ed. 2019): Tommaso... Borders, Legal Spaces and Territories in Contemporary International Law - Within and Beyond (Hardcover, 1st ed. 2019)
Tommaso Natoli, Alice Riccardi
R4,254 Discovery Miles 42 540 Ships in 10 - 15 working days

This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States' boundaries: indeed, while remaining a fundamental tool for asserting States' power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens "within" borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States' and international organisations' powers and prerogatives across or "beyond" borders.

Beyond Punishment: Achieving International Criminal Justice (Hardcover): M Findlay, R. Henham Beyond Punishment: Achieving International Criminal Justice (Hardcover)
M Findlay, R. Henham
R1,488 Discovery Miles 14 880 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 Emergence of EU Criminal Law - Cyber Crime and the Regulation of the Information Society (Hardcover, New): Christian... The Emergence of EU Criminal Law - Cyber Crime and the Regulation of the Information Society (Hardcover, New)
Christian Schwarzenegger, Finlay Young, Gian Ege, Sarah J. Summers
R2,674 Discovery Miles 26 740 Ships in 12 - 17 working days

Criminal law can no longer be neatly categorised as the product and responsibility of domestic law. That this is true is emphasised by the ever-increasing amount of legislation stemming from the European Union (EU) which impacts, both directly and indirectly, on the criminal law. The involvement of the EU institutions in the substantive criminal laws of its Member States is of considerable legal and political significance. This book deals with the emerging EU framework for creating, harmonising and ensuring the application of EU criminal law. This book aims to highlight some of the consequences of EU involvement in the criminal law by examining the provisions which have been adopted in the field of information and communications technology. It provides an overview of the criminal law competence of the EU and evaluates the impact of these developments on the criminal laws of the Member States. It then goes on to consider the EU legislation which requires Member States to regulate matters such as data protection, e-security, intellectual property and various types of illegal content through the criminal law is analysed. In the course of this evaluation, particular consideration is given to issues such as the basis on which the EU institutions establish the need for criminal sanctions, the liability of service providers and the extent to which the Member States have adhered to, or departed from, the legislation in the course of implementation.

Criminal Proceedings, Languages and the European Union - Linguistic and Legal Issues (Hardcover, 2014 ed.): Francesca Ruggieri Criminal Proceedings, Languages and the European Union - Linguistic and Legal Issues (Hardcover, 2014 ed.)
Francesca Ruggieri
R4,245 Discovery Miles 42 450 Ships in 10 - 15 working days

The book Criminal proceedings, languages and the European Union: linguistic and legal issues the first attempt on this subject deals with the current situation in the jurislinguistic studies, which cover comparative law, language and translation, towards the aim of the circulation of equivalent legal concepts in systems which are still very different from one another. In the absence of common cultures and languages, in criminal procedure it is possible to distinguish features that are typical of common law systems and features that are typical of civil law systems, according to the two different models of adversarial and inquisitorial trials. Therefore, the most problematic challenges are for the European Union legislator to define generic measures that can be easily implemented at the national level, and for the individual Member States to choose corresponding domestic measures that can best implement these broad definitions, so as to pursue objectives set at the European level.

In this "scenario," the book assesses the new framework within which criminal lawyers and practitioners need to operate under the Lisbon Treaty (Part I), and focuses on the different versions of its provisions concerning cooperation in criminal matters, which will need to be implemented at the national level (Part III). The book analyses the issues raised by multilingualism in the EU decision-making process and subsequent interpretation of legal acts from the viewpoint of all the players involved (EU officials, civil, penal and linguistic lawyers: Part II), explores the possible impact of the EU legal acts concerning environmental protection, where the study of ascending and descending circulation of polysemantic words is especially relevant (Part IV), and investigates the new legal and linguistic concepts in the field of data retention, protection of victims, European investigation orders and coercive measures (Part V)."

Language and the Right to Fair Hearing in International Criminal Trials (Hardcover, 2014 ed.): Catherine S. Namakula Language and the Right to Fair Hearing in International Criminal Trials (Hardcover, 2014 ed.)
Catherine S. Namakula
R2,789 Discovery Miles 27 890 Ships in 10 - 15 working days

Language and the Right to Fair Hearing in International Criminal Trials explores the influence of the dynamic factor of language on trial fairness in international criminal proceedings. By means of empirical research and jurisprudential analysis, this book explores the implications that conducting a trial in more than one language can have for the right to fair trial. It reveals that the language debate is as old as international criminal justice, but due to misrepresentation of the status of language fair trial rights in international law, the debate has not yielded concrete reforms.
Language is the core foundation for justice. It is the means through which the rights of the accused are secured and exercised. Linguistic complexities such as misunderstandings, translation errors and cultural distanceamong participants in international criminal trials affect courtroom communication, the presentation and the perception of the evidence, hence jeopardizing the foundations of a fair trial.
The author concludes that language fair trial rights are priority rights situated in the minimum guarantees of fair criminal trial; the obligation of the court to ensure fair trial or accord the accused person a fair hearing also includes the duty to ensure they can understand and be understood."""

A Brief History of International Criminal Law and International Criminal Court (Hardcover, 1st ed. 2017): Cenap Cakmak A Brief History of International Criminal Law and International Criminal Court (Hardcover, 1st ed. 2017)
Cenap Cakmak
R3,650 Discovery Miles 36 500 Ships in 12 - 17 working days

This book offers a historical presentation of how international criminal law has evolved from a national setting to embodying a truly international outlook. As a growing part of international law this is an area that has attracted growing attention as a result of the mass atrocities and heinous crimes committed in different parts of the world. Cakmak pays particular attention to how the first permanent international criminal court was created and goes on to show how solutions developed to address international crimes have remained inadequate and failed to restore justice. Calling for a truly global approach as the only real solution to dealing with the most severe international crimes, this text will be of great interest to scholars of criminal justice, political science, and international relations.

United Nations International Police Officers in Peacekeeping Missions - A Phenomenological Exploration of Complex Acculturation... United Nations International Police Officers in Peacekeeping Missions - A Phenomenological Exploration of Complex Acculturation (Hardcover)
Michael R. Sanchez
R3,869 Discovery Miles 38 690 Ships in 12 - 17 working days

Why do international policing missions often fail to achieve their mandate? Why do United Nations Police officers struggle when serving in foreign peacekeeping missions? United Nations International Police Officers in Peacekeeping Missions: A Phenomenological Exploration of Complex Acculturation unravels these problems to find a causal thread: When working in hyper-diverse organizations such as the United Nations Police, United Nations police officers must grapple with adjusting to a kaleidoscope of different and competing cultures simultaneously-an issue the author identifies as complex acculturation. In this introduction to the novel concept of complex acculturation, Michael Sanchez explores the reasons behind the chronic performance troubles of the United Nations Police, and explains how the very fabric of the organization contributes to its ineffectiveness. While previous research has focused on private sector expatriate workers' challenges when adapting to a single new culture, this timely book describes a previously unstudied phenomenon and applies this knowledge to help businesses, governments, organizations, and citizens navigate the increasingly diverse workplace of the future. This book lays the foundation for a new area of study and provides a forward-thinking perspective that will interest multinational companies, police agencies, international relations organizations, prospective expatriate workers, and academics alike.

The Presumption of Innocence in International Human Rights and Criminal Law (Paperback): Michelle Coleman The Presumption of Innocence in International Human Rights and Criminal Law (Paperback)
Michelle Coleman
R1,221 Discovery Miles 12 210 Ships in 12 - 17 working days

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

Expert Evidence and International Criminal Justice (Hardcover, 1st ed. 2016): Artur Appazov Expert Evidence and International Criminal Justice (Hardcover, 1st ed. 2016)
Artur Appazov
R3,155 R1,838 Discovery Miles 18 380 Save R1,317 (42%) Ships in 12 - 17 working days

The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts' ability to meaningfully incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about the extent to which particularized evidentiary rules for expert evidence in international criminal trials is wanting. Based on comparative analyses of relevant national practices, the book proposes procedural improvements to address some of the challenges associated with the use of expertise in international criminal trials.

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