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Author: Olaoluwa Olusanya Publisher: Intersentia nv ISBN: 9050953891 Category : Criminal jurisdiction Languages : en Pages : 288
Book Description
This book deals with the double jeopardy rule, namely the practice of multiple characterisation of the same facts, under different headings, in international criminal law. Such practice is problematic, due to the fact that know how it works within the context of international criminal law. How does one distinguish a situation in which an act may appear simultaneously to breach several criminal provisions, whilst in reality it violates only one, from another where the act does in fact breach more than one criminal provision? International crimes such as genocide, crimes against humanity and war crimes cannot be confined a single category of well-defined offences such as murder, voluntary or involuntary manslaughter, theft, etc. Instead these crimes embrace broad clusters of identical offences and share certain general legal features. Multiple characterisation of the same facts under different headings in international criminal law is therefore a complex legal problem. Every case of mult
Author: Olaoluwa Olusanya Publisher: Intersentia nv ISBN: 9050953891 Category : Criminal jurisdiction Languages : en Pages : 288
Book Description
This book deals with the double jeopardy rule, namely the practice of multiple characterisation of the same facts, under different headings, in international criminal law. Such practice is problematic, due to the fact that know how it works within the context of international criminal law. How does one distinguish a situation in which an act may appear simultaneously to breach several criminal provisions, whilst in reality it violates only one, from another where the act does in fact breach more than one criminal provision? International crimes such as genocide, crimes against humanity and war crimes cannot be confined a single category of well-defined offences such as murder, voluntary or involuntary manslaughter, theft, etc. Instead these crimes embrace broad clusters of identical offences and share certain general legal features. Multiple characterisation of the same facts under different headings in international criminal law is therefore a complex legal problem. Every case of mult
Author: Mohamed M. El Zeidy Publisher: BRILL ISBN: 9004166939 Category : Law Languages : en Pages : 401
Book Description
Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.
Author: George C. Thomas III Publisher: NYU Press ISBN: 0814782337 Category : Law Languages : en Pages : 362
Book Description
In the first book-length work on the subject in over a quarter century, George C. Thomas III advances an integrated theory of double jeopardy law, a theory anchored in historical, doctrinal, and philosophical method. Tracing American double jeopardy doctrine back to twelfth-century English law, Thomas develops a jurisprudential account of double jeopardy that recognizes the central role of the legislature in creating criminal law blameworthiness. His theory, based on blameworthiness, allows today's courts to move toward a coherent double jeopardy doctrine.
Author: Gerhard Werle Publisher: OUP Oxford ISBN: 019100863X Category : Law Languages : en Pages : 600
Book Description
Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.
Author: Muyiwa Adigun Publisher: Routledge ISBN: 1351580213 Category : Law Languages : en Pages : 248
Book Description
If Nigeria fails to prosecute the crimes recognised under the Rome Statute, then the International Criminal Court (ICC) will intervene. The ICC is only expected to complement the criminal justice system in Nigeria and is not a court of first instance, but one of last resort. This is what is known as the principle of complementarity. Before the ICC can step in, it must make a finding of ‘unwillingness’ or ‘inability’ on the part of Nigeria. It is only after this finding is made that the ICC can take over the prosecution of the crimes recognised under the Statute from Nigeria. This book examines the criminal justice process in Nigeria and discovers that the justice system is latent with the requirements of ‘unwillingness’ and ‘inability.’ The requirements, which serve as tests for assessment, are as they are laid down by the Rome Statute and interpreted by the ICC. This book offers recommendations as to what Nigeria must do in order to avoid the ICC intervention by reversing those parameters that give rise to ‘unwillingness’ and ‘inability.’ The International Criminal Court and Nigeria: Implementing the Complementarity Principle of the Rome Statute offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African countries in respect of policy options open to them to close impunity gap in their respective countries. This volume addresses the topics with regard to international criminal law and comparative public law and will be of interest to researchers, academics, organizations, and students in the fields of international law, governance, and comparative criminal justice.
Author: Charles Chernor Jalloh Publisher: BRILL ISBN: 9004271759 Category : Law Languages : en Pages : 657
Book Description
Promoting Accountability under International Law for Gross Human Rights Violations in Africa reflects primarily upon the work of the International Criminal Tribunal for Rwanda in challenging impunity for serious crimes committed in Rwanda in 1994. The authors, among whom are leading scholars and practitioners of international law, draw lessons for future tribunals such as the permanent International Criminal Court.
Author: Carsten Stahn Publisher: OUP Oxford ISBN: 0191015288 Category : Law Languages : en Pages : 840
Book Description
Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.
Author: Jeremy Sarkin Publisher: Bloomsbury Publishing USA ISBN: 0313362572 Category : Political Science Languages : en Pages : 320
Book Description
More and more, the descendants of indigenous victims of genocide, land expropriation, forced labor, and other systematic human rights violations committed by colonial powers are seeking reparations under international law from the modern successor governments and corporations. As the number of colonial reparations cases increases, courts around the world are being asked to apply international law to determine whether reparations are due for atrocities and crimes that might have been committed long ago but whose lasting effects are alleged to injure the modern descendants of the victims. Sarkin analyzes the thorny issues of international law raised in such suits by focusing on groundbreaking cases in which he is involved as legal advisor to the paramount chief of the Herero people of Namibia. In 2001, the Herero became the first ethnic group to seek reparations under the legal definition of genocide by bringing multi-billion-dollar suits against Germany and German companies in a number of U.S. federal courts under the Alien Torts Claim Act of 1789. The Herero genocide, conducted in German South-West Africa (present-day Namibia) between 1904 and 1908, is recognized by the UN as the first organized state genocide in world history. Although the Herero were subjected to Germany's First Genocide, they have, unlike the victims of the Holocaust, received no reparations from Germany. By machine-gun massacres, starvation, poisoning, and forced labor in Germany's first concentration camps, the German Schutztruppe systematically exterminated as many as 105,000 Herero women, and children, composing most of the Herero population. Sarkin considers whether these historical events constitute legally defined genocide, crimes against humanity, and other international crimes. He evaluates the legal status of indigenous polities in Africa at the time and he explores the enduring impact in Namibia of the Germany's colonial campaign of genocide. He extrapolates the Herero case to global issues of reparations, apologies, and historical human rights violations, especially in Africa.
Author: Olaoluwa Olusanya
Author: Olaoluwa Olusanya
Author: Mohamed M. El Zeidy
Author: George C. Thomas III
Author: LIU Daqun
Author: Gerhard Werle
Author: Muyiwa Adigun
Author: Charles Chernor Jalloh
Author: Bartolomé Clavero
Author: Carsten Stahn
Author: Jeremy Sarkin