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A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are expressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with current understandings of military conflict in the contemporary world? Mark J. Osiel answers these questions in light of new learning about atrocity and combat cohesion, as well as changes in warfare and the nature of military conflict. Sources of atrocity are far more varied than current...
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.
This work sets the stage regarding debates about paternalism and health care for years to come. The anthology is organized around four parts: i) The concept of paternalism and theoretical issues regarding the idea of anti-paternalism, ii) strategies for justifying different forms of paternalism, iii) paternalism in psychiatry and psychotherapy, iv) paternalism and public health, and v) paternalism and reproductive medicine. Medical paternalism was arguably one of the main drivers of debates in medical ethics and has led to a wide acknowledgement of the value of patient autonomy. However, more recent developments in health care, such as the increasing significance of public health measures and the commercialization of medical services, have led to new social circumstances and hence to the need to rethink issues regarding paternalism. This work provides an invaluable source for many scholars and practitioners, since it deals in new and original ways with one of the main and oldest issue in health care ethics.
Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of Inter...
Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
The book explores recent developments in the international and national prosecution of persons accused of committing war crimes and crimes against humanity. It considers the relationship between national and international law, science and practice, with emphasis on the emerging principle of universial jurisdiction and the effect of "the war on terror" on legal norms.
Keine ausführliche Beschreibung für "Festschrift für Ernst Heinitz zum 70. Geburtstag am 1. Januar 1972" verfügbar.
The history of international criminal justice told through the revealing stories of some of its primary intellectual figures.