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The Crime of Conspiracy in International Criminal Law
This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy wa...
The Elgar Companion to the International Criminal Tribunal for Rwanda
The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice.
Theories of Co-perpetration in International Criminal Law
The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.
State Immunity in International Law
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Human rights and democratic governance in Kenya: A post-2007 appraisal
This publication is a collection of essays on human rights and democratic governance in Kenya in the period after the 2007 post-elections violence. After surviving the trauma of electoral violence, the country soon embarked on a journey towards reconstruction by engaging in, among other things, intense re-evaluation of the then existing system of laws and institutions. In the process, the daunting task has been to reverse the flawed systems that have been in existence for many decades and in their place entrench systems that would promote and respect democratic governance and human rights. This publication, therefore, documents the extent of the country’s reconstruction since 2007, and makes recommendations for the way forward for the recovery of the state.
Consistency in Sentencing
On cover: Legal issues
International Criminal Law in Mexico
This book puts forward proposals for solutions to the current gaps between the Mexican legal order and the norms and principles of international criminal law. Adequate legislative measures are suggested for compliance with international obligations. The author approaches the book's subject matter by tracing all norms related to the prosecution of core crimes and contextualizing each of the findings with a brief historical and political account. Additionally, state practice is analyzed, identifying patterns and inconsistencies. This approach is new in offering a wide perspective on international criminal law in Mexico. Relevant legal documents are analyzed and annexed in the book, providing t...
Principles of Criminal Law
This new edition of the popular and highly respected Criminal Law textbook, has been revised and completely updated to incorporate all developments in the field of criminal law since 1995. The criminal law is an increasingly complex and fascinating subject. The basic structure of this book on the subject has been retained, as has its emphasis on introducing the criminal law to students through the principles which lie behind, or should lie behind, it. Issues of principle and policyinvolved in the shaping of law as created by the legislature, courts, law reform bodies, and academic commentators are again dealt with. In this new edition greater emphasis is placed on the growing number of principles stemming from the European Convention on Human Rights. Specific attention is also paid to new developments in the law relating to complicity, provocation and other manslaughters, and to the defence of duress.
Leaps in Time
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