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This impressive and unique collection of essays covers important aspects of the legal regime of the International Criminal Court (ICC). The volume begins with an analysis of the historical development of the ICC, the progressive development of international humanitarian and international criminal law by the ad hoc Tribunals and the work of mixed national/international jurisdictions. The legal and institutional basis of the ICC is then dealt with in detail, including the organs of the ICC, war crimes, crimes against humanity and crimes of aggression, modes of liability before the ICC and defences before the ICC. Part III focuses on the court at work, including its procedural rules, criminal proceedings at the ICC, penalties and appeal and revision procedures. Part IV deals with the relationship of the ICC with states and international organizations. The contributors are established scholars in the field of international criminal and humanitarian law, many of whom are practitioners in the various tribunals.
A comprehensive analysis of human and non-human targets in contemporary armed conflicts with references to the most recent practice.
This updated and revised second edition, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.
This new edition of market-leading textbook contains both updated and new material to give the most current coverage of the subject.
Security is an all-encompassing term of art which is subject to diverse interpretations and understandings. It includes notions of protection against transnational threats, including terrorism, inter- and intra-state conflict, nuclear proliferation, forced migration, violation of women’s rights, climate change, etc. The papers in this collection provide fresh voices in the security debate, uniting scholars from different fields of law and philosophy to address normative gaps in interpretation, evolution and application. Part I considers calls for an expanded mandate for the UN Security Council and regional international organisations. Part II reviews innovations within the arena of interna...
This book provides an examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.
Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.
Peace is an elusive concept, especially within the field of international law, varying according to historical era and between contextual applications within different cultures, institutions, societies, and academic traditions. This Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good.
In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual crimin...
The principle of the 'lesser evil'-the acceptability of pursuing one exceptional course of action in order to prevent a greater injustice-has long been a cornerstone of Western ethical philosophy. From its roots in classical ethics and Christian theology, to Hannah Arendt's exploration of the work of the Jewish Councils during the Nazi regime, Weizman explores its development in three key transformations of the problem: the defining intervention of Mdecins Sans Frontires in mid-1980s Ethiopia; the separation wall in Israel-Palestine; and international and human rights law in Bosnia, Gaza and Iraq. Drawing on a wealth of new research, Weizman charts the latest manifestation of this age-old idea. In doing so he shows how military and political intervention acquired a new 'humanitarian' acceptability and legality in the late twentieth and early twenty-first centuries.