The International Criminal Court in an Effective Global Justice System PDF Download

Author: Linda E. Carter
Publisher: Edward Elgar Publishing
ISBN: 178471982X
Category :
Languages : en
Pages : 384

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Book Description
International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.

Author: Georghios M. Pikis
Publisher: BRILL
ISBN: 900418967X
Category : Law
Languages : en
Pages : 368

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Book Description
The book traces the background to the establishment of the ICC, analyses the Statute and associated instruments and reviews its case law. It examines comprehensively the parameters, framework of operation of a unique judicial institution regarded by many as an achievement of our epoch.

Author: Markus Dubber
Publisher: OUP Oxford
ISBN: 0191030678
Category : Law
Languages : en
Pages : 752

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Book Description
Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.

Author: Michael Tonry
Publisher: Oxford University Press
ISBN: 0190286326
Category : Social Science
Languages : en
Pages : 832

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Book Description
Crime is one of the most significant political issues in contemporary American society. Crime control statistics and punishment policies are subjects of constant partisan debate, while the media presents sensationalized stories of criminal activity and over-crowded prisons. In the highly politicized arena of crime and justice, empirical data and reasoned analysis are often overlook or ignored. The Handbook of Crime and Punishment, however, provides a comprehensive overview of criminal justice, criminology, and crime control policy, thus enabling a fundamental understanding of crime and punishment essential to an informed public. Expansive in its coverage, the Handbook presents materials on crime and punishment trends as well as timely policy issues. The latest research on the demography of crime (race, gender, drug use) is included and weighty current problems (organized crime, white collar crime, family violence, sex offenders, youth gangs, drug abuse policy) are examined. Processes and institutions that deal with accused and convicted criminals and techniques of punishment are also examined. While some articles emphasize American research findings and developments, others incorporate international research and offer a comparative perspective from other English-speaking countries and Western Europe. Editor Michael Tonry, a leading scholar of criminology, introduces the 28 articles in the volume, each contributed by an expert in the field. Designed for a wide audience, The Handbook is encyclopedic in its range and depth of content, yet is written in an accessible style. The most inclusive and authoritative work on the topic to be found in one volume, this book will appeal to those interested in the study of crime and its causes, effects, trends, and institutions; those interested in the forms and philosophies of punishment; and those interested in crime control.

Author: Larissa van den Herik
Publisher: Martinus Nijhoff Publishers
ISBN: 9004236910
Category : Law
Languages : en
Pages : 734

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Book Description
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Author: Dawn L. Rothe
Publisher: Martinus Nijhoff Publishers
ISBN: 9004251111
Category : Law
Languages : en
Pages : 364

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Book Description
The Realities of the International Criminal Justice System takes an analytical and critical look at the impact of the major instruments of international criminal justice since the 1990s with the advent of the International Criminal Tribunals for Rwanda and Yugoslavia.

Author: Abenaa Owusu- Bempah
Publisher: Routledge
ISBN: 131766468X
Category : Law
Languages : en
Pages : 239

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Book Description
Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.

Author: Victor E. Kappeler
Publisher: Waveland Press
ISBN: 1478636025
Category : Social Science
Languages : en
Pages : 530

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Book Description
The social construction of crime is often out of proportion to the threat posed. The media and advocacy groups shine a spotlight on some crimes and ignore others. Street crime is highlighted as putting everyone at risk of victimization, while the greater social harms from corporate malfeasance receive far less attention. Social arrangements dictate what is defined as crime and the punishments for those who engage in the proscribed behavior. Interest groups promote their agendas by appealing to public fears. Justifications often have no basis in fact, but the public accepts the exaggerations and blames the targeted offenders. The net-widening effect of more laws and more punishment catches those least able to defend themselves. This innovative alternative to traditional textbooks provides insightful observations of myths and trends in criminal justice. Fourteen chapters challenge misconceptions about specific crimes or aspects of the criminal justice system. Kappeler and Potter dissect popular images of crimes and criminals in a cogent, compelling, and engaging manner. They trace the social construction of each issue and identify the misleading statistics and fears that form the basis of myths—and the collateral damage of basing policies on mythical beliefs. The authors encourage skepticism about commonly accepted beliefs, offer readers a fresh perspective, and urge them to analyze important issues from novel vantage points.

Author: Guénaël Mettraux
Publisher: Oxford University Press
ISBN: 0192581074
Category : Law
Languages : en
Pages : 512

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Book Description
Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This first volume discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. While the book is an invaluable tool for academics and researchers, it is particularly suited to legal practitioners, guiding the reader through the practical and evidential challenges associated with the prosecution of international crimes.

Author: Lukasz Gruszczynski
Publisher: Oxford University Press, USA
ISBN: 019871694X
Category : Law
Languages : en
Pages : 465

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Book Description
International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international courts, analysing where their approaches converge and diverge.