International Criminal Law

Author: Edwin Bikundo
Publisher: Routledge
ISBN: 1317114213
Size: 47.24 MB
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This book analyses the relationship between law and violence, the utility of law over violence and whether legality as an approach has an inherent disability in addressing mass violence as a crime. The study is located within international law and assesses whether prosecuting political violence would necessarily entail an abuse of the legal process. The intention is to encourage definition of criminal aggression via legal processes laid down by the International Criminal Court, rather than giving favour to political action under the United Nations Charter. Issues discussed in the book include the controversies over the location of the crime of aggression in either law or politics, taking a legal approach to the problems outlined. Using examples from Libya, the Ivory Coast, and Kenya, the work will be of interest to those working in the areas of international criminal justice, international law, legal theory, and international relations.

The Principle Of Legality In International And Comparative Criminal Law

Author: Kenneth S. Gallant
Publisher: Cambridge University Press
ISBN: 9780521187602
Size: 62.30 MB
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This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.

Comparative And International Criminal Justice Systems

Author: Obi N. I. Ebbe
Publisher: CRC Press
ISBN: 1466560347
Size: 33.35 MB
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Comparative and International Criminal Justice Systems: Policing, Judiciary, and Corrections, Third Edition examines the history, dynamics, structure, organization, and processes in the criminal justice systems in a number of selected countries. Designed for courses in comparative criminal justice systems, comparative criminology, and international criminal law, it explores systems in the United States, Ireland, Israel, Argentina, Sierra Leone, China, Russia, and Poland. A descriptive and quantitative analysis of criminal justice processes, this text goes beyond a mere analysis of individual systems. Instead, the book compares these criminal justice models with each other and contrasts them with: United Nations conventions World Courts of Justice International Court of Justice International Military Tribunal International Criminal Tribunal International Criminal Court Understanding these comparisons is crucial for a proper grasp of transnational crimes. The book shows how the national criminal justice systems and the United Nations judicial systems complement each other when adjudicating transnational crimes in the international community. It analyzes the nature of crime and criminal law, explores basic theories of crime, and discusses the various sources of international law. It also examines the inherent pitfalls in comparing international crime rates and discusses terrorism and its control. Unique to this edition is a thorough, unbiased study of the Islamic justice system. Each chapter focuses on a select region and includes crime data and arrest, prosecution, and conviction rates where appropriate. This allows readers looking for information on the criminal justice systems of any part of the world to easily find the relevant section. A sound approach to understanding the laws of various nations, and international, criminal, and humanitarian laws, this volume provides sage insight into the sociological explanations of criminal law and crime.

Access To International Justice

Author: Patrick Keyzer
Publisher: Routledge
ISBN: 1317661125
Size: 20.71 MB
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There is much debate about the scope of international law, its compatibility with individual state practice, its enforceability and the recent and limited degree to which it is institutionalized. This collection of essays seeks to address the issue of access to justice, the related element of domestic rule of law which does not yet figure significantly in debates about international rule of law. Even in cases in which laws are passed, institutions are present and key players are ethically committed to the rule of law, those whom the laws are intended to protect may be unable to secure protection. This is an issue in most domestic jurisdictions but also one which poses severe problems for international justice worldwide. The book will be of interest to academics and practitioners of international law, environmental law, transitional justice, international development, human rights, ethics, international relations and political theory.

Exploring The Boundaries Of International Criminal Justice

Author: Professor Mark Findlay
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497577
Size: 34.31 MB
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This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

Comparative Criminal Justice Systems

Author: Shahid M. Shahidullah
Publisher: Jones & Bartlett Publishers
ISBN: 1449604250
Size: 59.92 MB
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Written for students of criminal justice, Comparative Criminal Justice Systems: Global and Local Perspectives examines the nature of crime and justice in varying countries and cultures in North America, Europe, Asia, Africa, and Latin America. Using a topical approach, it compares different systems of crime and justice in terms of their differences from, and similarities to, the laws and institutions of modern criminal justice, focusing on the United States as a standard of comparison. By examining different criminal justice systems in terms of their local peculiarities and understanding their change and continuity, readers will gain a well-rounded international perspective of the world's varying systems of criminal justice. Key Features: -Explores the rise of modern criminology and the criminal justice system in the nineteenth century. It is critical for students to understand the history of modern systems to fully comprehend the varying nature of today's main legal systems, focusing on the United States as a standard of comparison. -Employs a topical approach to examine the criminal justice systems in varying countries in Europe, Asia, Africa, and Latin America, including comparative views on law enforcement, judicial systems, corrections, due process of law, and search and seizures. -Includes discussions on comparative processes of criminalization and decriminalization on such issues as domestic violence, child abuse, homosexuality, and sexual harassment. -Discusses new global crimes and their impact on modern and traditional criminal justice systems, including human smuggling, global sex trade, global illegal drug trade, illegal trafficking of conventional military weapons, money laundering, cybercrime, and global terrorism. -Discussion questions ensure that student's grasp the core theoretical concepts.

The Handbook Of Comparative Criminal Law

Author: Kevin Jon Heller
Publisher: Stanford University Press
ISBN: 9780804777292
Size: 36.99 MB
Format: PDF
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This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.

Principles Of Islamic International Criminal Law

Author: Farhad Malekian
Publisher: BRILL
ISBN: 9004203966
Size: 56.73 MB
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The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

International Criminal Law

Author: Alexander Zahar
Publisher: Oxford University Press, USA
ISBN: 9780406959041
Size: 34.16 MB
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International Criminal Law is an essential guide to the relatively recent, but rapidly growing field of international criminal justice. Written by leading practitioner-academics directly involved with the International Criminal Tribunals, this book provides students with an invaluable insight into the key features of international criminal law and practice. Zahar and Sluiter offer an analysis of the tribunals' place in the international legal order and the most important aspects of their substantive law and procedure from an entirely new and critical perspective. Legal doctrines are discussed throughout in relation to their application in real-life situations, encouraging students to engage critically with the subject and relate theory to practice. An ideal companion for students of international criminal law and justice who are seeking an insider's perspective on the subject, this book also offers practitioners, academics and policy-makers a clear and challenging account of the new legal landscape.

Amnesty Human Rights And Political Transitions

Author: Louise Mallinder
Publisher: Bloomsbury Publishing
ISBN: 1847314570
Size: 64.73 MB
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Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice mechanisms, can in fact contribute positively to both peace and justice. This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War. The database and chapter structure were designed to correspond with the key aspects of an amnesty: why it was introduced, who benefited from its protection, which crimes it covered, and whether it was conditional. In assessing conditional amnesties, related transitional justice processes such as selective prosecutions, truth commissions, community-based justice mechanisms, lustration, and reparations programmes were considered. Subsequently, the jurisprudence relating to amnesty from national courts, international tribunals, and courts in third states was addressed. The information gathered revealed considerable disparity in state practice relating to amnesties, with some aiming to provide victims with a remedy, and others seeking to create complete impunity for perpetrators. To date, few legal trends relating to amnesty laws are emerging, although it appears that amnesties offering blanket, unconditional immunity for state agents have declined. Overall, amnesties have increased in popularity since the 1990s and consequently, rather than trying to dissuade states from using this tool of transitional justice, this book argues that international actors should instead work to limit the more negative forms of amnesty by encouraging states to make them conditional and to introduce complementary programmes to repair the harm and prevent a repetition of the crimes. David Dyzenhaus "This is one of the best accounts in the truth and reconciliation literature I've read and certainly the best piece of work on amnesty I've seen." Diane Orentlicher "Ms Mallinder's ambitious project provides the kind of empirical treatment that those of us who have worked on the issue of amnesties in international law have long awaited. I have no doubt that her book will be a much-valued and widely-cited resource."