Sentencing at the International Criminal Court

From Nuremberg to the Hague
Author: Alice Riccardi
Publisher: G Giappichelli Editore
ISBN: 8892104292
Category: Law
Page: 280
View: 9098

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This book covers sentencing in international criminal law with a particular focus on the International Criminal Court. The author gives a critical examination of the issue of sentencing rationales in international criminal law including an overview of the theories advanced by scholars.The first section studies whether it is possible to find a norm of international law providing for the aims of sentences in the law and practice of pure international criminal jurisdictions created before the entry into force of the Statute of the International Criminal Court. The second section analyses the issue of sentencing at the International Criminal Court, by focusing on the provisions of its Statute, on the relevant rules of internationally recognized human rights law and on the Court’s first practice. The book concludes with a re-organization of principles and thus offers a consistent approach to the penal justifications of sentencing for the International Criminal Court.

The Nuremberg Military Tribunals and the Origins of International Criminal Law


Author: Kevin Jon Heller
Publisher: OUP Oxford
ISBN: 0191652865
Category: Law
Page: 536
View: 6217

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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 (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, 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'. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' 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 in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.

Sentencing in International Criminal Law

The UN ad hoc Tribunals and Future Perspectives for the ICC
Author: Silvia D'Ascoli
Publisher: Bloomsbury Publishing
ISBN: 1847316441
Category: Law
Page: 422
View: 9469

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This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

From Nuremberg to The Hague

The Future of International Criminal Justice
Author: Philippe Sands
Publisher: Cambridge University Press
ISBN: 9780521536769
Category: History
Page: 192
View: 3784

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A 2003 collection of lectures examining the evolution of international criminal justice from World War II to date.

Appeal and Sentence in International Criminal Law


Author: Jan Philipp Book
Publisher: BWV Verlag
ISBN: 3830527160
Category: Electronic books
Page: 324
View: 9517

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HauptbeschreibungThe International Tribunals for the former Yugoslavia and Rwanda hold far-reaching sentencing powers. At the same time, consistency and fairness in sentencing are of utmost important to the practice of the Tribunals. Accordingly, the sentencing powers of the Tribunals demand for a system of control. One crucial procedural safeguard to facilitate such control is the scrutiny exercised by the Appeals Chamber. This study analyses both sentencing and appellate law in the International Tribunals. Its fundamental objective is to ensure consistency in punishment by means of appellate review.The study analyses the substantive guidelines for the sentencing decision and describes how these have evolved in the practice of the Tribunals. It then explores the nature and scope of the appeal. In doing so it examines the most important procedural devices and instruments and assesses their practical importance to the appellate process. Finally, it analyses the importance the respective practice of the Tribunals will hold for the future practice of the International Criminal Court.

The International Criminal Court

Global Politics and the Quest for Justice
Author: William Driscoll,Joseph P. Zompetti,Suzette Zompetti
Publisher: IDEA
ISBN: 9780972054140
Category: Education
Page: 285
View: 2940

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Annotation The Nuremberg Trials at the end of World War II established the principle that individual leaders could be held responsible for "crimes against humanity." Although various ad hoc tribunals were held in the last half of the 20th century, it was not until 2002 that a permanent international court was established, under the auspices, of the United Nations. The international Criminal Court has been controversial with many key nations most notably, the United States refusing to ratify the treaty establishing the court. Some critics object to the adoption of a judicial system that seems to supersede national judicial systems; others fear that the court will be used to pursue narrow political ends. This book will comprise three sections: the first will examine the history of the creation of the court; the second will contain articles that outline objections to the court; the third will contain articles defending and promoting the court. The authors include primary sources on both sides of the controversy, with special attention to America's involvement. A glossary of key terms, and the text of the Rome Statute establishing the court will also be included.

The International Criminal Court

An Introduction
Author: Andrew Novak
Publisher: Springer
ISBN: 3319158325
Category: Social Science
Page: 116
View: 4652

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This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.

An Introduction to the International Criminal Court


Author: William A. Schabas
Publisher: Cambridge University Press
ISBN: 1139496603
Category: Law
Page: N.A
View: 2286

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The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.

Commentary on the Law of the International Criminal Court


Author: Mark Klamberg
Publisher: Torkel Opsahl Academic Epublisher
ISBN: 9788283481006
Category: Law
Page: 775
View: 3218

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This book provides legal commentary on every article of the Statute of the International Criminal Court. The text is written by 45 experts from 18 countries. Case law and other sources relevant to the interpretation of the Statute are discussed and referenced.

An Introduction to International Criminal Law and Procedure


Author: Robert Cryer,Hakan Friman,Darryl Robinson
Publisher: Cambridge University Press
ISBN: 0521135818
Category: Law
Page: 618
View: 804

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This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.

The Fundamental Concept of Crime in International Criminal Law

A Comparative Law Analysis
Author: Iryna Marchuk
Publisher: Springer Science & Business Media
ISBN: 3642282466
Category: Law
Page: 304
View: 1109

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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.

The Trial Proceedings Of The International Criminal Court

ICTY And ICTR Precedents
Author: Notburga K. Calvo-Goller
Publisher: BRILL
ISBN: 9004149317
Category: Law
Page: 561
View: 7245

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Contains the trial proceedings of the International Criminal Court, the ICTY and the ICTR in one single volume. This book covers the procedural and evidentiary aspects of the trials before the ICC from the beginning of an investigation until the time the convict has served the sentence and it includes ICTY and ICTR precedents.

The Dynamics of International Criminal Justice

Essays In Honour Of Sir Richard May
Author: Hirad Abtahi,Gideon Boas,Richard May (LL. B.)
Publisher: Martinus Nijhoff Publishers
ISBN: 9004145877
Category: Law
Page: 314
View: 2720

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This book is dedicated to the memory of Sir Richard May, who passed away on 1 July 2004, and to the rich legacy he has left behind in the area of international criminal law. It contains in-depth analyses of a range of issues critical to the development and understanding of international criminal law, written by contributors who worked in some way with Sir Richard during his tenure at the ICTY, particularly during his last years as Presiding Judge of the Milosevi? Trial. It contains a Foreword by the President of the ICTY, Theodor Meron, and substantive work in three main parts: one chapter concerning the development and understanding of human rights; five chapters addressing international criminal law issues in the context of ICTY proceedings; and two chapters focusing on substantive aspects of international criminal law. All the chapters analyse international criminal law as applied by the ICTY, as well as the ICC, ICTR and other international or hybrid criminal tribunals, and are all authored by persons in a position to give great insight into the subject matter discussed.

The Nuremberg Trials: International Criminal Law Since 1945

60th Anniversary International Conference
Author: Lawrence Raful
Publisher: Walter de Gruyter
ISBN: 3110944847
Category: History
Page: 320
View: 3685

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60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.

International Criminal Tribunals


Author: iMinds
Publisher: iMinds Pty Ltd
ISBN: 1921761148
Category: Medical
Page: 6
View: 4090

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The concept of prosecuting war criminals is not unique to the modern world. Individuals who breached the "rules of war" were tried in Ancient Greece, and probably earlier. However, those early prosecutions were carried out by national courts, generally by victors against the vanquished, and so could hardly be described as examples of fair and impartial international justice. Underpinning the prosecutions was a notion that, even in war, there are certain rules which must be obeyed. The first notable international attempt to codify these "rules of war" was the Geneva Convention of 1864, followed by the Hague conventions in 1899 and 1907.

Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited


Author: Yuki Tanaka,Timothy L.H. McCormack,Gerry Simpson
Publisher: BRILL
ISBN: 9004215913
Category: Political Science
Page: 436
View: 6814

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The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives.

International Criminal Justice at the Yugoslav Tribunal

A Judge's Recollection
Author: Mohamed Shahabuddeen
Publisher: OUP Oxford
ISBN: 0191649856
Category: Law
Page: 264
View: 3752

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International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book, by one of the former judges of the ICTY, ICTR, and the International Court of Justice, assesses some of the workings of the ICTY that have shaped these developments. In it, Judge Shahabuddeen provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. He reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced. Judge Shahabuddeen's experience in international criminal justice makes this volume essential reading for those interested in, or working with, international criminal law.

Double Standards: International Criminal Law and the West


Author: Wolfgang Kaleck
Publisher: N.A
ISBN: 9788293081678
Category: Law
Page: 150
View: 6867

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In this book, Wolfgang Kaleck, an internationally active human rights and criminal lawyer, assesses the practice of international criminal law to date and analyses one of its main weaknesses: International criminal justice purports to be universal, but in reality it often operates in a politically selective manner. Until now, hardly any of those most responsible for international crimes committed by Western states have faced trial. Against the backdrop of this criticism, the book advocates a truly universal practice of international criminal law which holds even the most powerful accountable for crimes they have committed. Kaleck also tells the stories of survivors of human rights violations and human rights organizations that struggle for universal accountability for international crimes. He argues that the proponents of universal criminal justice must actively address existing double standards, as "it will not be possible to speak of a universal criminal justice system with equal rights and access to justice for all until the instigators and organizers of Guantanamo and of the atrocities in Chechnya are held accountable for their actions.""

A Draft International Criminal Code and Draft Statute for an International Criminal Tribunal


Author: M. Cherif Bassiouni
Publisher: Martinus Nijhoff Publishers
ISBN: 9780898389180
Category: Law
Page: 492
View: 1572

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Text no. 1: The variety of topics covered & the quality of the contributors make these two volumes a necessary part of any law library in the world. The essays are designed to overlap in the well-tested & established fields & branches of law dealing with contemporary issues which lawyers, diplomats, political scientists, politicians & research scholars are familiar with. The essays fully demonstrate the depth of knowledge of the eminent professors & specialists who have written them. The two volumes of essays are divided into seven parts. Volume One, entitled Contemporary International Law & Human Rights , focuses essentially on subjects relating to International Law & is divided into three sections. Part one of the first volume encompasses Topics in International Law such as Some New Thoughts on the Codification of International Law by his Excellency Judge Roberto Ago; Evidence in the Procedure of the International Court of Justice: The Role of the Court by His Excellency Judge Manfred Lachs; The Validity of International Law: an Empirical Experiment by Professor Georg Schwarzenberger, with a particularly engaging & incisive Introduction to the two volumes of Essays by Professor Ian Brownlie, Q.C. Human rights subjects still hold pride of place in the thinking of many legal experts & scholars & that is clearly reflected here. The title of the second volume is African Law & Comparative Public Law. Part Five of the essays contains topics of interest in the African Legal system which has its roots in the British Common Law System. Constitutional Law is broadly covered in part six which forms a section of its own in Volume Two. Text no. 2: This Festschrift pays tribute to Judge Taslim Olawale Elias, the leading African exponent of International Law to date. The two volumes of essays are divided into seven parts. The first volume focuses essentially on subjects relating to International Law & is divided into three sections. Part one of the first volume encompasses Topics in International Law such as Some New Thoughts on the Codification of International Law by His Excellency Judge Roberto Ago; Evidence in the Procedure of the International Court of Justice: The Role of the Court by His Excellency Jugde Manfred Lachs; The Validity of International Law: an Empirical Experiment by Professor Georg Schwarzenberger, with a particularly engaging & incisive Introduction to the two volumes of Essays by Professor Ian Brownlie, Q.C. Human Rights subjects still hold the pride of place in the thinking of many legal experts & scholars which is clearly reflected here. The title of the second volume is African Law & Comparative Public Law. Part five of the essays contains topics of interest in African Legal system which took its roots from the British Common Law System. Constitutional Law is bloadly covered in part six which forms a section of its own in volume two. Quite apart from the variety of topics covered in this festschrift, the quality of the contributors to it, makes the whole exercise a necessary part of an important collection of any law library in the world. The framework of the essays suggest that they are designed to overlap in the well-tested & established field of law & those branches of law dealing with contemporary issues which lawyers, diplomats, political scientists, politicians & research scholars are familiar with. The richness of the festschrift is matched only by the mutually reinforcing manner in which the presentation was made. The essays fully demonstrate the depth of knowledge of the eminent professors & specialists wh