treatise on international criminal law volume iii international criminal procedure

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Treatise On International Criminal Law

Author : Kai Ambos
ISBN : 9780191644184
Genre : Law
File Size : 34. 3 MB
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Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational, systematic, consistent, and comprehensive analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences. The full three-volume treatise addresses the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It is essential reading for practitioners, scholars, and students of international criminal law alike.

The Right To Be Present At Trial In International Criminal Law

Author : Caleb H. Wheeler
ISBN : 9789004376861
Genre : Political Science
File Size : 82. 99 MB
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In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses how the right to be present is understood by international criminal courts and tribunals in the context of the right to a fair trial.

The Oxford Handbook Of Criminal Process

Author : Darryl K. Brown
ISBN : 9780190659851
Genre : Law
File Size : 81. 23 MB
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The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

The International Criminal Court In Search Of Its Purpose And Identity

Author : Triestino Mariniello
ISBN : 9781317703082
Genre : Law
File Size : 42. 47 MB
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The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.

International Criminal Law

Author : M. Cherif Bassiouni
ISBN : 9028601309
Genre : Law
File Size : 49. 28 MB
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This is the first comprehensive, single-volume collection of terrorism documents. The editor assembled material from both governmental & nongovernmental source relating to the prevention & suppression of terrorism. The collection constitutes a valuable research tool for academics & also for those concerned with implementing instruments to combat terrorism.

Pluralism In International Criminal Law

Author : Elies van Sliedregt
ISBN : 9780191008290
Genre : Law
File Size : 68. 26 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.

Understanding International Criminal Law

Author : Ellen S. Podgor
ISBN : 9780327189855
Genre : Law
File Size : 83. 9 MB
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This Understanding treatise is divided into four parts: • The first part provides a general overview, with definitions to key terms that appear throughout the book. It covers the area of jurisdiction, as this is the starting point in determining the applicability of using international law • The second part covers selected areas of international criminal law. It is not exhaustive of all areas of international or transnational law. Choices of specific crimes to cover were made on the basis of showing a diversity of topics, new and developing areas such as computer crimes, and the older more traditional areas such as piracy. It provides materials on both violent and non-violent crimes. Areas of immediate importance, such as terrorism and narcotics trafficking, are discussed • The third part covers procedural issues. It includes constitutional issues, immunities, obtaining evidence from abroad, obtaining people from abroad, and post-conviction issues such as prisoner transfers • The final part of this treatise covers the international aspects of international criminal law. In addition to examining what constitutes an international crime, it looks at human rights issues, international tribunals, and the International Criminal Court.

The Nuremberg Military Tribunals And The Origins Of International Criminal Law

Author : Kevin Jon Heller
ISBN : 9780199554317
Genre : History
File Size : 42. 62 MB
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This book provides the first comprehensive legal analysis of the twelve war-crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMT). The judgments these Tribunals produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand genocide, crimes against humanity, and the crime of aggression. The trials are of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than the main Nuremberg Trial (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMT, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'. This book starts by tracing the history of the NMT. It then discusses the law and procedure applied by the NMT, with a focus on the important differences between Control Council Law No. 10 and the Nuremberg Charter and on the protection of the defendants' right to a fair trial. The third section, the heart of the book, provides a systematic analysis of the NMT's jurisprudence. It covers Law No. 10's core crimes, crimes against peace, war crimes, and crimes against humanity, as well as the crimes of conspiracy and membership of a criminal organization. This section also analyzes the general principles of liability that the Tribunals applied and on the defenses they did -and did not- recognize. The final section of the book deals with the aftermath of the trials and their historical legacy.

Research Handbook On International Criminal Law

Author : Bartram S. Brown
ISBN : 9780857933225
Genre : Law
File Size : 24. 36 MB
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'This timely, valuable and thought-provoking contribution to our understanding of the vibrant new subject that is international criminal law, is a great addition to the literature and to our understanding. Professor Bart Brown deserves real appreciation for bringing it together.' – Philippe Sands QC, University College London and Matrix Chambers, UK 'The Research Handbook is a comprehensive up-to-date guide to one of the youngest yet most dynamic areas of international law. It tackles the pertinent challenges and opportunities, starting with the classical issues like categories of international crimes and complementarity, going on to address the problems ahead including the Guantánamo regime, crimes against women and the status of private security contractors. The Handbook will be a valuable source for both general and advanced international criminal law research.' – James Crawford, Cambridge University, UK This carefully regarded and well-structured handbook covers the broad range of norms, practices, policies, processes and institutional mechanisms of international criminal law, exploring how they operate and continue to develop in a variety of contexts. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. The Research Handbook on International Criminal Law will appeal to practitioners who may want to defend, or prosecute, international criminal law cases, and academics researching and writing on international criminal law. Graduate students studying international criminal law, international human rights or international humanitarian law as well as those studying international justice, international politics, international organization or public policy analysis, will also find this book invaluable.

International Criminal Law Enforcement

Author : M. Cherif Bassiouni
ISBN : 0941320324
Genre : Law
File Size : 88. 89 MB
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This treatise discusses the theory, doctrinal basis, evolution, and policy of seventeen different international crimes, including: terrorism, aircraft hijacking, illegal drug trafficking, genocide, and other transnational crimes.

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