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Defenses in Contemporary International Criminal Law
  • Language: en
  • Pages: 373

Defenses in Contemporary International Criminal Law

  • Categories: Law
  • Type: Book
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  • Published: 2008
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  • Publisher: BRILL

The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.

Military Necessity
  • Language: en
  • Pages: 453

Military Necessity

  • Categories: Law

Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.

Crimes against Humanity
  • Language: en
  • Pages: 885

Crimes against Humanity

  • Categories: Law

This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.

The Law Reports of the Special Court for Sierra Leone (2 vols.)
  • Language: en
  • Pages: 2881

The Law Reports of the Special Court for Sierra Leone (2 vols.)

  • Categories: Law

The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. The tribunal has tried various persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing "greatest responsibility" for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. This volume, which consists of two books and a CD-ROM and is edited by two legal experts on the Sierra Leone court, presents, for the first time in a single place, a comprehensive collectio...

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.

Thematic Prosecution of International Sex Crimes
  • Language: en
  • Pages: 586

Thematic Prosecution of International Sex Crimes

  • Categories: Law

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Law Enforcement within the Framework of Peace Support Operations
  • Language: en
  • Pages: 466

Law Enforcement within the Framework of Peace Support Operations

  • Categories: Law
  • Type: Book
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  • Published: 2008-08-31
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  • Publisher: BRILL

Since the end of the Cold War and the emergence of “asymmetric” threats like terrorism, the military has been increasingly entrusted with tasks traditionally belonging to the police. This development is visible through the new challenges posed to modern Peace Support Operations (PSO), intended as an umbrella definition covering different types of post-conflict peace operations, be these mandated under Chapter VI or Chapter VII of the United Nations Charter, with either peace-keeping, peace-enforcing or even peace-building goals. The aim of this volume is primarily to provide guidance, in the format of a handbook, to those deployed in the field and who are confronted with legal issues. In...

The International Criminal Court and the Transformation of International Law: Justice for the New Millenium
  • Language: en
  • Pages: 584

The International Criminal Court and the Transformation of International Law: Justice for the New Millenium

  • Categories: Law
  • Type: Book
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  • Published: 2021-10-01
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  • Publisher: BRILL

Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.

The UN International Criminal Tribunals
  • Language: en
  • Pages: 55

The UN International Criminal Tribunals

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.

Less-Lethal Weapons under International Law
  • Language: en
  • Pages: 261

Less-Lethal Weapons under International Law

  • Categories: Law

The first monograph analysing all legal regimes applicable to the use of less-lethal weapons.