sentencing in international criminal law the un ad hoc tribunals and future perspectives for the icc studies in international and comparative criminal law

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Sentencing In International Criminal Law

Author : Silvia D'Ascoli
ISBN : 9781847318169
Genre : Law
File Size : 62. 4 MB
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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.

International Criminal Tribunal For Rwanda Ictr Special Bibliography 2015

Author : International Criminal Tribunal for Rwanda
ISBN : 9789213619360
Genre : Political Science
File Size : 37. 71 MB
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This fourth bibliography is compiled by the library in order to facilitate researcher’s access to the increasing volume of published documents on the work of the tribunal. The product is the unique tool that assists people to know the areas which have been covered by the researchers. The bibliography includes references from books, journals and periodicals, theses, comments and notes on judicial cases as well.

Counsel Misconduct Before The International Criminal Court

Author : Till Gut
ISBN : 9781782250364
Genre : Law
File Size : 82. 70 MB
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This is the first comprehensive study of the law governing professional misconduct by defence lawyers before the International Criminal Court. The ICC's regulatory regime was introduced in response to instances of misconduct experienced by other international and domestic criminal courts. The book first turns to how the ICC's forerunners - the International Criminal Tribunals for the former Yugoslavia and Rwanda and the Special Court for Sierra Leone - coped with misconduct, often resulting in controversy. The book also looks at the approaches that have evolved in Germany and the United States, reflecting the different role of defence lawyers in the civil and common law criminal justice traditions. The book offers a unique insight into the professional responsibilities of defence lawyers within the various international and national regimes. Offering practical guidance on disciplinary systems and other sanctioning mechanisms, it also explores the inherent tension at the heart of the defence lawyer's role: to ensure the human right to a fair trial we want them to be zealous advocates for their clients; at the same time we ask them to commit themselves as officers of the court.

Research Handbook On The International Penal System

Author : Róisín Mulgrew
ISBN : 9781783472161
Genre : Law
File Size : 49. 17 MB
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Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, this handbook 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 also explores broader normative questions related to international punishment and makes recommendations for the international penal system's development.

Pluralism In International Criminal Law

Author : Elies van Sliedregt
ISBN : 9780191008290
Genre : Law
File Size : 88. 82 MB
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Research Outputs Of The University Of Botswana 1995 2001

Author : University of Botswana
ISBN : STANFORD:36105113665348
Genre : Reference
File Size : 71. 49 MB
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Der Internationale Strafgerichtshof Icc Und Der Frieden

Author : Dennis Nitsche
ISBN : 3832925430
Genre : International criminal courts
File Size : 88. 23 MB
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Genozid Im V Lkerrecht

Author : William A. Schabas
ISBN : 3930908883
Genre : Convention on the Prevention and Punishment of the Crime of Genocide
File Size : 56. 60 MB
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Yale Law School

Author : Yale Law School
ISBN : STANFORD:36105061956145
Genre : Law schools
File Size : 35. 3 MB
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Lehrbuch Des Peinlichen Rechts

Author : Paul Johann Anselm von Feuerbach
ISBN : 380510393X
Genre : Criminal justice, Administration of
File Size : 31. 74 MB
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