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Pluralism in International Criminal Law
International crimes are mostly prosecuted at the national level and domestic judges have to contend with a plethora of divergent judgments from international tribunals and other domestic courts. This book assesses the impact of this legal pluralism, exploring whether divergence can be accepted as regular feature of international criminal justice.
An Introduction to International Criminal Law and Procedure
This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.
The Emerging Practice of the International Criminal Court
The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
Why Punish Perpetrators of Mass Atrocities?
Examines the purpose of international punishment and how different theories of punishment influence the practice of the International Criminal Court.
Judicial Dialogue on Human Rights
Judicial Dialogue on Human Rights offers a critical legal perspective on the manner in which international criminal tribunals select, (re-)interpret and apply the principles and standards formulated by the European Court of Human Rights. A part of the book is devoted to testing the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the nullum crimen principle, prohibition of torture, hearsay evidence and victims’ rights. Another section of the book seeks to devise a methodologically sound ‘grammar’ of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice.
Big Data-driven World: Legislation Issues and Control Technologies
This book examines the methodological foundations of the Big Data-driven world, formulates its concept within the frameworks of modern control methods and theories, and approaches the peculiarities of Control Technologies as a specific sphere of the Big Data-driven world, distinguished in the modern Digital Economy. The book studies the genesis of mathematical and information methods’ transition from data analysis & processing to knowledge discovery and predictive analytics in the 21st century. In addition, it analyzes the conditions of development and implementation of Big Data analysis approaches in investigative activities and determines the role and meaning of global networks as platfo...
The Defence of Mistake of Law in International Criminal Law
The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of t...
The Oxford Handbook of International Criminal Law
Provides a non-traditional inter-disciplinary approach to the study of international criminal law, incorporating insights from global history, philosophy, and international relations, Explores the most innovative theoretical and doctrinal developments in the field, Critically examines prevailing practices, orthodoxies, and received wisdoms, Includes contributions from expert scholars outside of international law alongside chapters by some of the field's most respected scholars Book jacket.
The Russian Invasion of Ukraine
This book examines crucial facets of the Russian invasion: among them, the Russian sexual violence against occupied Ukrainians, their “collaboration” and “filtration,” legal prosecutions especially relating to kidnapped Ukrainian children, the portrayal of events in Bucha on Russian social media, and the lessons learned from the Ukrainian refugee crisis in Poland during the initial weeks of the war, as well the potential pursuit of justice at the International Court of Justice, and the genocide claim more generally. This anthology will serve as a valuable resource for scholars, policymakers, and the broader community involved in the study of genocide and conflict. It endeavours to offer not only insights into the immediate circumstances of the invasion but also a framework for broader discussions and a foundation for informed dialogues on the multifaceted dimensions of this geopolitical upheaval. The chapters in this book were originally published as a special issue of Journal of Genocide Research.
