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Author: Morten Bergsmo Publisher: Torkel Opsahl Academic Epublisher ISBN: 9788293081203 Category : Law Languages : en Pages : 281
Book Description
This anthology analyses the need for abbreviated criminal procedures for less serious core international crimes in countries that have opened more case files than criminal justice can handle through regular trials. It suggests that ideas can be found in national procedural law. It presupposes that such procedures respect human rights standards.
Author: Morten Bergsmo Publisher: Torkel Opsahl Academic Epublisher ISBN: 9788293081203 Category : Law Languages : en Pages : 281
Book Description
This anthology analyses the need for abbreviated criminal procedures for less serious core international crimes in countries that have opened more case files than criminal justice can handle through regular trials. It suggests that ideas can be found in national procedural law. It presupposes that such procedures respect human rights standards.
Author: Morten Bergsmo Publisher: Torkel Opsahl Academic EPublisher ISBN: 8293081600 Category : Law Languages : en Pages : 313
Book Description
It is often only years after the commission of core international crimes that prosecutions and investigations take place. This anthology addresses challenges associated with such delayed justice: the location, treatment, and assessment of old evidence. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work. Among the contributors are Shafique Ahmed, Andrew Cayley, David Cohen, Seena Fazel, Siri S. Frigaard, M. Amir-Ul Islam, Md. Shahinur Islam, Agnieszka Klonowiecka-Milart, Alphons M.M. Orie, Stephen J. Rapp, Patrick J. Treanor, Otto Triffterer and Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence.
Author: Ciara Damgaard Publisher: Springer Science & Business Media ISBN: 354078781X Category : Law Languages : en Pages : 461
Book Description
1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.
Author: Christopher Soler Publisher: Springer Nature ISBN: 9462653356 Category : Law Languages : en Pages : 695
Book Description
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
Author: Iryna Marchuk Publisher: Springer Science & Business Media ISBN: 3642282466 Category : Law Languages : en Pages : 304
Book Description
This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.
Author: Morten Bergsmo
Author: Morten Bergsmo
Author: Antonio Angotti
Author: Morten Bergsmo
Author: Morten Bergsmo
Author: Ciara Damgaard
Author: Stian Nordengen Christensen
Author: Christopher Soler
Author: Jared O. Bell
Author: Hanne Sophie Greve
Author: Iryna Marchuk