Theories Of Co Perpetration In International Criminal Law

Author : Lachezar D. Yanev
Publisher : BRILL
ISBN 13 : 9004357505
Total Pages : 654 pages
Book Rating : 4.01/5 ( download)

DOWNLOAD NOW!

Download or read book Theories of Co-perpetration in International Criminal Law written by Lachezar D. Yanev and published by BRILL. This book was released on 2018-05-09 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a refined definition of co-perpetration responsibility that could be uniformly applied in both the ad hoc- and the treaty-based (ICC Rome Statue) model of international criminal justice.

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283481282
Total Pages : 744 pages
Book Rating : 4.80/5 ( download)

DOWNLOAD NOW!

Download or read book A Theory of Punishable Participation in Universal Crimes written by Terje Einarsen and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-12-07 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.

Author : Jérôme de Hemptinne
Publisher : Cambridge University Press
ISBN 13 : 9781108492171
Total Pages : 0 pages
Book Rating : 4.77/5 ( download)

DOWNLOAD NOW!

Download or read book Modes of Liability in International Criminal Law written by Jérôme de Hemptinne and published by Cambridge University Press. This book was released on 2019-07-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.

Author : Neha Jain
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254102
Total Pages : 379 pages
Book Rating : 4.02/5 ( download)

DOWNLOAD NOW!

Download or read book Perpetrators and Accessories in International Criminal Law written by Neha Jain and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.

Author : Cassandra Steer
Publisher : Springer
ISBN 13 : 946265171X
Total Pages : 399 pages
Book Rating : 4.15/5 ( download)

DOWNLOAD NOW!

Download or read book Translating Guilt written by Cassandra Steer and published by Springer. This book was released on 2017-02-26 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.

Author : Darryl Robinson
Publisher : Oxford University Press
ISBN 13 : 0192558889
Total Pages : 896 pages
Book Rating : 4.86/5 ( download)

DOWNLOAD NOW!

Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

Author : Laura Ausserladscheider Jonas
Publisher : BRILL
ISBN 13 : 900447093X
Total Pages : 256 pages
Book Rating : 4.34/5 ( download)

DOWNLOAD NOW!

Download or read book Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes written by Laura Ausserladscheider Jonas and published by BRILL. This book was released on 2021-12-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.

Author : Carsten Stahn
Publisher : Oxford University Press, USA
ISBN 13 : 0198705166
Total Pages : 1441 pages
Book Rating : 4.61/5 ( download)

DOWNLOAD NOW!

Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.

Author : Iryna Marchuk
Publisher : Springer Science & Business Media
ISBN 13 : 3642282466
Total Pages : 311 pages
Book Rating : 4.61/5 ( download)

DOWNLOAD NOW!

Download or read book The Fundamental Concept of Crime in International Criminal Law written by Iryna Marchuk and published by Springer Science & Business Media. This book was released on 2013-07-29 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Elies van Sliedregt
Publisher : OUP Oxford
ISBN 13 : 0191008281
Total Pages : 410 pages
Book Rating : 4.83/5 ( download)

DOWNLOAD NOW!

Download or read book Pluralism in International Criminal Law written by Elies van Sliedregt and published by OUP Oxford. This book was released on 2014-10-02 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.