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: 2756

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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 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: 7490

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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: 6608

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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.

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: 5724

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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.

An Introduction to the International Criminal Court


Author: William A. Schabas
Publisher: Cambridge University Press
ISBN: 1139496603
Category: Law
Page: N.A
View: 3505

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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.

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: 9734

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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.

Ein Glückskind

wie ein kleiner Junge zwei Ghettos, Auschwitz und den Todesmarsch überlebte und ein zweites Leben fand
Author: Thomas Buergenthal
Publisher: N.A
ISBN: 9783100096524
Category: Death march survivors
Page: 271
View: 5874

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Bereits als kleines Kind erlebt Thomas Bürgenthal die Schrecken der Verfolgung. Sein Lebensweg führt ihn nach Auschwitz und Sachsenhausen. Nachdem er auch den äTodesmarschä überlebt hat, findet er nach der Befreiung in Amerika eine neue Heimat.

International Criminal Law

International Enforcement
Author: M. Cherif Bassiouni
Publisher: BRILL
ISBN: 9004165304
Category: Law
Page: 722
View: 8787

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Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victimsa (TM) Rights in International Law).

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: 5996

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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

Introduction to International Criminal Law, 2nd Revised Edition


Author: M. Cherif Bassiouni
Publisher: Martinus Nijhoff Publishers
ISBN: 9004231692
Category: Law
Page: 1260
View: 4240

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Written by one of the world's pioneers and leading authorities on international criminal law, this text book covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae--sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; the function of the international criminal court; rules of procedure and evidence applicable to international criminal proceedings; and the future of international criminal law. This textbook is fully updated, comprehensive, easy to read, and ideally suited for classroom use.

International Criminal Law, Volume 3 International Enforcement


Author: M. Cherif Bassiouni
Publisher: BRILL
ISBN: 9047431456
Category: Law
Page: 762
View: 3123

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Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victims’ Rights in International Law).

International Criminal Tribunals


Author: iMinds
Publisher: iMinds Pty Ltd
ISBN: 1921761148
Category: Medical
Page: 6
View: 473

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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.

The UN International Criminal Tribunals

The Former Yugoslavia, Rwanda and Sierra Leone
Author: William A. Schabas
Publisher: Cambridge University Press
ISBN: 1139456814
Category: Political Science
Page: 711
View: 7543

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This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.

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: 8830

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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.

Double Jeopardy Without Parameters

Re-characterisation in International Criminal Law
Author: Olaoluwa Olusanya
Publisher: Intersentia nv
ISBN: 9050953891
Category: Law
Page: 278
View: 4874

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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 multiple convictions based on one act is, at its best, a plausible conjecture which however every next judgment may turn out to be a counter judgment. This book provides a combination of innovative charts, analysis, debate and solutions. From a unique perspective it examanies the history of international crimes and the jurisprudence of World War II tribunals, contemporary ad hoc international criminal tribunals, the International Criminal Court and special courts, as well as national law on international crimes.

International Criminal Justice at the Yugoslav Tribunal

A Judge's Recollection
Author: Mohamed Shahabuddeen
Publisher: OUP Oxford
ISBN: 0191649856
Category: Law
Page: 264
View: 9189

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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.

Völkerstrafrechtspolitik

Praxis des Völkerstrafrechts
Author: Christoph Safferling,Stefan Kirsch
Publisher: Springer-Verlag
ISBN: 3642289347
Category: Law
Page: 470
View: 1821

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Zehn Jahre nach dem Inkrafttreten des Völkerstrafgesetzbuches (VStGB) vereinigt der vorliegende Sammelband unterschiedliche Blickwinkel und Perspektiven auf das noch junge Gesetzeswerk und dessen Praxis. Die Bestandsaufnahme enthält – neben einem Blick auf die Rechtslage in Österreich und der Schweiz – Beiträge zur Entstehung des Gesetzes, seiner Anwendung in der Praxis und zu aktuellen Entwicklungen. Dabei wird eines klar: ohne einen interdisziplinären Ansatz, der neben rechtsdogmatischen Erwägungen auch politische und historische Argumente zulässt, können die mit der Ausbildung einer internationalen Strafrechtsordnung verbundenen Herausforderungen nicht gemeistert werden.

The UN International Criminal Tribunals

Transition without Justice?
Author: Klaus Bachmann,Aleksandar Fatić
Publisher: Routledge
ISBN: 1317631366
Category: Political Science
Page: 290
View: 2457

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Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.

Treatise on International Criminal Law

Volume II: The Crimes and Sentencing
Author: Kai Ambos
Publisher: Oxford University Press
ISBN: 0199665605
Category: History
Page: 339
View: 9398

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This is the second of three volumes of a treatise on the principles and practice of international criminal law, from its foundations to its future. Volume 2 analyses the the substantive part of international criminal law dealing with the core crimes, including genocide, crimes against humanity, war crimes, and aggression, as well as sentencing.