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Criminal law between war and peace
  • Language: en
  • Pages: 820

Criminal law between war and peace

  • Categories: Law

If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.

Intervención delictiva y derecho penal internacional
  • Language: es
  • Pages: 602

Intervención delictiva y derecho penal internacional

  • Categories: Law
  • Type: Book
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  • Published: 2013*
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  • Publisher: Dykinson

El lector encontrará en las páginas siguientes una visión compleja y diversa de los distintos problemas y soluciones en torno a la imputación de crímenes internacionales. Se combinan las perspectivas más teóricas y las más prácticas, las de penalistas, procesalistas, internacionalistas e historiadores, para trasmitir la visión más completa y poliédrica del tema. En la primera sección, que pretende dibujar el marco teórico para estudiar los modelos de intervención delictiva en Derecho penal internacional, se abordan los aspectos criminológicos, haciendo hincapié en los factores ideológicos que predisponen a ejecutor a cometer un crimen en el seno de aparatos de poder organiz...

The Role of Courts in Transitional Justice
  • Language: en
  • Pages: 359

The Role of Courts in Transitional Justice

  • Categories: Law
  • Type: Book
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  • Published: 2013-06-17
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  • Publisher: Routledge

Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in...

The International Criminal Court
  • Language: en
  • Pages: 1689

The International Criminal Court

  • Categories: Law

Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids dupl...

Introduction to International Criminal Law
  • Language: en
  • Pages: 1259

Introduction to International Criminal Law

  • Categories: Law

This title 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; and much more.

Transitional Justice, Distributive Justice, and Transformative Constitutionalism
  • Language: en
  • Pages: 513

Transitional Justice, Distributive Justice, and Transformative Constitutionalism

  • Categories: Law

This volume offers the first dedicated scholarly comparison of Colombia and South Africa in relation to the intersecting ideas of transitional justice, distributive justice, and transformative constitutionalism.

Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes
  • Language: en
  • Pages: 314

Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes

  • Categories: Law

This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.

The Genocide Convention
  • Language: en
  • Pages: 320

The Genocide Convention

  • Type: Book
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  • Published: 2016-03-09
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  • Publisher: Routledge

The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.

Crimes against Humanity in the 21st Century
  • Language: en
  • Pages: 1102

Crimes against Humanity in the 21st Century

  • Categories: Law
  • Type: Book
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  • Published: 2018-08-02
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  • Publisher: BRILL

In Crimes Against Humanity in the 21st Century, Dr Robert Dubler SC and Matthew Kalyk provide a comprehensive analysis of crimes against humanity in international criminal law, including an analysis of its history, its present definition and its raison d'être. With a foreword by Geoffrey Robertson QC.

A Collective Theory of Genocidal Intent
  • Language: en
  • Pages: 242

A Collective Theory of Genocidal Intent

  • Categories: Law
  • Type: Book
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  • Published: 2016-05-24
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  • Publisher: Springer

Tackling one of the most confusing and controversial issues in the field of international criminal law — i.e., the genocidal intent element, this monograph seeks to develop an account of genocidal intent from a collectivist perspective. Drawing upon the two-layered structure of the crime of genocide composed of the ‘conduct level’ and ‘context level’, it detects the genocidal intent element at the ‘context level’. The genocidal intent found in this manner belongs to a collective, which significantly departs from the prior individualistic understandings of the notion of genocidal intent. The author argues that the crime of genocide is not a ‘crime of mens rea’. Collective ge...