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Results of the 2007 Nuremberg Conference on Peace and Justice:
Tensions between peace and justice have long been debated by
scholars, practitioners and agencies including the United Nations,
and both theory and policy must be refined for very practical
application in situations emerging from violent conflict or
political repression. Specific contexts demand concrete decisions
and approaches aimed at redress of grievance and creation of
conditions of social justice for a non-violent future. There has
been definitive progress in a world in which blanket amnesties were
granted at times with little hesitation. There is a growing
understanding that accountability has pragmatic as well as
principled arguments in its favour. Practical arguments as much as
shifts in the norms have created a situation in which the choice is
increasingly seen as "which forms of accountability" rather than a
stark choice between peace and justice. It is socio-political
transformation, not just an end to violence, that is needed to
build sustainable peace. This book addresses these dilemmas through
a thorough overview of the current state of legal obligations;
discussion of the need for a holistic approach including
development; analysis of the implications of the coming into force
of the ICC; and a series of "hard" case studies on
internationalized and local approaches devised to navigate the
tensions between peace and justice.
Striking a balance between peace and justice has long been debated
by scholars and practitioners. There has been definite progress in
a world in which blanket amnesties were at times granted with
little hesitation. There is a growing understanding that
accountability has both pragmatic and principled arguments in its
favor. Practical arguments as much as shifts in norms have created
a situation in which the choice is increasingly seen as "which
forms of accountability" rather than a stark one between peace and
justice. The Colombian Justice and Peace Law 975 and its
implementation offer an interesting and unique approach to dealing
with the international crimes committed in Colombia's decades-long
armed conflict. Yet, will this approach suffice with regard to
Colombia's obligations under international law to investigate and
prosecute international crimes? Does it meet the standards of the
ICC, which has been monitoring the Colombian situation for some
time now? In particular, does it pass the complementarity test laid
out in the ICC statute or will the ICC have to intervene in
Colombia to enforce international criminal law?
Results of the 2007 Nuremberg Conference on Peace and Justice:
Tensions between peace and justice have long been debated by
scholars, practitioners and agencies including the United Nations,
and both theory and policy must be refined for very practical
application in situations emerging from violent conflict or
political repression. Specific contexts demand concrete decisions
and approaches aimed at redress of grievance and creation of
conditions of social justice for a non-violent future. There has
been definitive progress in a world in which blanket amnesties were
granted at times with little hesitation. There is a growing
understanding that accountability has pragmatic as well as
principled arguments in its favour. Practical arguments as much as
shifts in the norms have created a situation in which the choice is
increasingly seen as "which forms of accountability" rather than a
stark choice between peace and justice. It is socio-political
transformation, not just an end to violence, that is needed to
build sustainable peace. This book addresses these dilemmas through
a thorough overview of the current state of legal obligations;
discussion of the need for a holistic approach including
development; analysis of the implications of the coming into force
of the ICC; and a series of "hard" case studies on
internationalized and local approaches devised to navigate the
tensions between peace and justice.
European Criminal Law has developed into a complex, jagged subject
matter, which at the same time has become increasingly important
for everyday criminal law practice. On the one hand, this work aims
to do comprehensive justice to the complexity of the matter without
sacrificing readability. In order to achieve this, the book's
structure enables legal scholars and experienced practitioners to
access the information relevant to them in a targeted manner and,
at the same time, enables less oriented readers to gain access to
European criminal law. Thus, the volume both answers basic
questions and offers discussion in more specialised areas. Written
by experts in the field, the book offers discussions which are both
of the highest academic standards and accessibly readable.
Founded by the late Otto Triffterer this leading commentary
contains a detailed article-by-article analysis of the Rome Statute
of the International Criminal Court (ICC) by eminent legal
practitioners and scholars in the field of international criminal
law. The commentary explains the content of the various articles in
a broader sense, including their drafting history, their impact on
International Criminal Law, and their relation to other sources of
the ICC such as the Rules of Procedure and Evidence, and the
Regulations of the Court and the Prosecution. The fourth edition
has been thoroughly revised, updated and complemented with further
resources. It contains up-to-date case law (including a Table of
Cases), literature and legislative developments at the ICC in a
clearly structured manner, and will continue to provide a useful
guide for both practitioners and academics in various capacities.
Since their creation, the European Union and the Council of Europe
have worked to harmonise the justice systems of their member
states. This project has been met with a series of challenges.
European Criminal Law offers a compelling insight into the
development and functions of European criminal law. It tracks the
historical development of European criminal law, offering a
detailed critical analysis of the criminal justice systems
responsible for its implementation. While the rapid expansion and
transnationalisation of criminal law is a necessary response to the
growing numbers of free movement of persons and goods, it has
serious implications for the rights of European citizens and needs
to be balanced with rights protections. With its close analysis of
secondary legislation and reliance on a wide variety of original
sources, this book provides a thorough understanding of European
Criminal Law and the institutions involved.
Attempts at trans-jurisdictional debate and agreement are often
beset by mutual misunderstanding. Professionals and academics
engaged in comparative criminal law sometimes use the same terms
with different meanings or different terms which mean the same
thing. Although English is the new lingua franca in international
and comparative criminal law, there are many ambiguities and
uncertainties with regard to foundational criminal law and criminal
justice concepts. However, there exists greater similarities among
diverse systems of criminal law and justice than is commonly
realised. This book explores the foundational principles and
concepts that underpin the different domestic systems. It focuses
on the Germanic and several principal Anglo-American jurisdictions,
which are employed as examples of the wider common law-civil law
divide.
Preface by R.A. Duff In line with theories of National Socialism as
a continuation and radicalization of existing trends, this
innovative study interprets Nazi criminal law as a racist
(anti-Semitic), nationalist ("Germanic"), and totalitarian
construct that continues and develops further the authoritarian and
anti-liberal tendencies of German criminal law of the fin-de-siecle
and the Weimar Republic. This is borne out by a systematic analysis
of writings by relevant authors that focuses first and foremost on
the texts, which speak for themselves, and is less concerned with
morally judging the scholars who produced them. Furthermore, the
study shares novel insights on the reception of German (National
Socialist) criminal law in Latin America. The aforementioned
continuity existed not only between the Nazi period and the eras
preceding it, but also between National Socialism and the period
that followed (the Bonn Republic). In short, National Socialist
criminal law neither came out of nowhere nor disappeared completely
after 1945. Current identitarian attempts by the so-called Neue
Rechte ("New Right") to reconstruct the Germanic myth represent yet
another continuation that links seamlessly to National Socialist
ideology.
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
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.
European Criminal Law has developed into a complex, jagged subject
matter, which at the same time has become increasingly important
for everyday criminal law practice. On the one hand, this work aims
to do comprehensive justice to the complexity of the matter without
sacrificing readability. In order to achieve this, the book's
structure enables legal scholars and experienced practitioners to
access the information relevant to them in a targeted manner and,
at the same time, enables less oriented readers to gain access to
European criminal law. Thus, the volume both answers basic
questions and offers discussion in more specialised areas. Written
by experts in the field, the book offers discussions which are both
of the highest academic standards and accessibly readable.
The trans-jurisdictional discourse on criminal justice is often
hampered by mutual misunderstandings. The translation of legal
concepts from English into other languages and vice versa is
subject to ambiguity and potential error: the same term may assume
different meanings in different legal contexts. More importantly,
legal systems may choose differing theoretical or policy approaches
to resolving the same issues, which sometimes - but not always -
lead to similar outcomes. This book is the second volume of a
series in which eminent scholars from German-speaking and
Anglo-American jurisdictions work together on comparative essays
that explore foundational concepts of criminal law and procedure.
Each topic is illuminated from German and Anglo-American
perspectives, and differences and similarities are analysed.
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