Defenses in Contemporary International Criminal Law PDF Download

Author: Geert-Jan G. J. Knoops
Publisher: BRILL
ISBN: 1571051589
Category : Law
Languages : en
Pages : 373

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Book Description
The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.

Author: Geert-Jan Knoops
Publisher: BRILL
ISBN: 9004479627
Category : Law
Languages : en
Pages : 335

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Book Description
In an area of law so thoroughly politicized, culturally freighted and passionately punitive, there is need for an extraordinary measure of protection for the accused if we are to pay more than lip service to justice. Defenses in Contemporary International Criminal Law ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court. Dr. Knoops' conceptual reach not only includes the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, immunity of States) but also presents a strong case for the incorporation of genetic and neurobiological data into the working assets of the international criminal defense attorney. Published under the Transnational Publishers imprint.

Author: Colleen Rohan
Publisher: Cambridge University Press
ISBN: 1108161642
Category : Law
Languages : en
Pages : 629

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Book Description
This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.

Author: Michael Bohlander
Publisher: BRILL
ISBN: 9047431170
Category : Law
Languages : en
Pages : 934

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Book Description
This collection of cases and materials attempts for the first time to provide a compendium of the most important legal texts, relevant documents and cases, as well as explanatory commentary on the law of defence in international criminal proceedings by scholars and practitioners who have a wealth of relevant experience in the field. The book provides students in law school courses on international human rights law and ICL with the essential materials to understand the vital importance of an adequate defence in international criminal proceedings. Further, the text gives legal practitioners who may consider extending their field of practice to the international level a look at the diversity of the tasks they will encounter and prepare them for the legal culture shock inevitable at the international tribunals and courts.

Author: Göran Sluiter
Publisher: OUP Oxford
ISBN: 0191632600
Category : Law
Languages : en
Pages : 1720

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Book Description
International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

Author: Jarinde Temminck Tuinstra
Publisher: T.M.C. Asser Press
ISBN: 9789067046442
Category : Law
Languages : en
Pages : 342

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Book Description
without payment when lacking f nancial means in the ICTY Statute, following the lead of the Nuremberg Statute. T e ‘Rules of Procedure and Evidence’ (RPE) of the ICTY and the International Criminal Tribunal for Rwanda (ICTR) that were adopted by the judges contained more detailed regulations on the defence. T ese provisions were soon extensively amended and extended, for instance, as a result of the experiences in the f rst ICTY case, Tadi?. T e current ICTY RPE require counsel to be a member of an ‘association of counsel practicing at the Tribunal recognized by the Registrar’. T ey also provide for an ‘Advisory Panel’, a ‘Directive on the Assignment of Defence Counsel adopted by the Registrar’ and a ‘Code of Professional Conduct for Defence Counsel appearing before the International Tribunal’. T e current generation of international criminal courts generally require defence counsel to meet particular qualif cation requirements. Before the ICTY and the ICTR, both defence attorneys qualif ed in domestic courts and lawyers who are university professors, whatever their f eld may be, are eligible to become defence counsel. On a national level however, even where highly complex and specialist f elds, like envir- mental criminal law, or tax law are concerned, no additional qualif cation requi- ments apply to defence counsel.

Author: Gideon Boas
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041119872
Category : Law
Languages : en
Pages : 352

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Book Description
At the dawn of the International Criminal Court, the rich experience of the "ad hoc" International Criminal Tribunal for the former Yugoslavia (ICTY) will prove to be the primary source of legal authorities for many years. The creation of the ICTY in 1993 heralded a new-found willingness of the international community to bring to book perpetrators of war crimes and gross or systematic violations of human rights. Written by academics and practitioners, and notably many "insiders" at the ICTY, this volume focuses particularly on the international and criminal law developments that have taken place in the practice and procedure of the Tribunal. Throughout are threads concerning the development and application of international criminal law not only by the ICTY, but also by the "ad hoc" International Criminal Tribunal for Rwanda and the new International Criminal Court.

Author: Michael Bohlander
Publisher: Martinus Nijhoff Publishers / Brill Academic Publi
ISBN: 9781441691545
Category : Criminal procedure (International law)
Languages : en
Pages : 934

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Book Description
This collection of cases and materials attempts for the first time to provide a compendium of the most important legal texts, relevant documents and cases, as well as explanatory commentary on the law of defence in international criminal proceedings by scholars and practitioners who have a wealth of relevant experience in the field. The book provides students in law school courses on international human rights law and ICL with the essential materials to understand the vital importance of an adequate defence in international criminal proceedings. Further, the text gives legal practitioners who may consider extending their field of practice to the international level a look at the diversity of the tasks they will encounter and prepare them for the legal culture shock inevitable at the international tribunals and courts.

Author: Geert-Jan Knoops
Publisher: BRILL
ISBN: 9004479619
Category : Law
Languages : en
Pages : 445

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Book Description
This innovative book provides an incisive, knowledgeable and comprehensive study of the promises and limitations of the emerging phenomenon of surrender of individuals to international criminal courts, such as the International Criminal Court of the Former Yugoslavia (ICTY), the International Criminal Court of Rwanda (ICTR), and the International Criminal Court (ICC). It is the first study on this area. The author analyses the distinctions and similarities with international extradition norms and persuasively establishes the international legal confinements of the surrender concept and the role of states and NATO-forces within this concept. In developing an international uniform framework for the surrender of individuals to international criminal courts, the author meticulously examines the Statutes of the ICTY, ICTR and ICC as well as their case law on this subject in conjunction with that of the European Court of Human Rights. Published under the Transnational Publishers imprint.

Author: William A. Schabas
Publisher: Routledge
ISBN: 113686668X
Category : Law
Languages : en
Pages : 476

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Book Description
International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law. The book is split into four parts for ease of reference: The Historical and Institutional Framework – Sets international criminal law firmly in context with individual chapters on the important developments and key institutions which have been established. The Crimes – Identifies and analyses international crimes, including a chapter on aggression. The Practice of International Tribunals – Focuses on topics relating to the practice and procedure of international criminal law. Key Issues in International Criminal Law – Goes on to explore issues of importance such as universal jurisdiction, amnesties and international criminal law and human rights. Providing easy access to up-to-date and authoritative articles covering all key aspects of international criminal law, this book is an essential reference work for students, scholars and practitioners working in the field.