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Author: Geert-Jan Alexander Knoops
Publisher: BRILL
ISBN: 9004307885
Category : Law
Languages : en
Pages : 267
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Book Description
This volume offers an overview of all aspects of mens rea before the International Criminal Court, while taking into account mens rea standards that have already been established in customary international law or before the ad hoc tribunals.
Author: Geert-Jan Alexander Knoops
Publisher: BRILL
ISBN: 9004307885
Category : Law
Languages : en
Pages : 267
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Book Description
This volume offers an overview of all aspects of mens rea before the International Criminal Court, while taking into account mens rea standards that have already been established in customary international law or before the ad hoc tribunals.
Author: Mohamed Elewa Badar
Publisher: Bloomsbury Publishing
ISBN: 1782250654
Category : Law
Languages : en
Pages : 540
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Book Description
The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.
Author: Olympia Bekou
Publisher: Routledge
ISBN: 1351146386
Category : Law
Languages : en
Pages : 799
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Book Description
The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.
Author: Dominic McGoldrick
Publisher: Hart Publishing
ISBN: 1841132810
Category : Law
Languages : en
Pages : 517
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Book Description
This book examines the legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court.
Author: Larissa van den Herik
Publisher: Martinus Nijhoff Publishers
ISBN: 9004214593
Category : Law
Languages : en
Pages : 735
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Book Description
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Author: Flavia Lattanzi
Publisher: © Editrice il Sirente
ISBN: 8887847029
Category : Law
Languages : en
Pages : 370
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Book Description
Author: Geert-Jan Knoops
Publisher: Martinus Nijhoff Publishers
ISBN: 904742901X
Category : Law
Languages : en
Pages : 378
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Book Description
The author offers an overview of the most important topics and developments in international criminal law, which are essential to everyone studying and practicing ICL.
Author: Claire De Than
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 608
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Book Description
This is an in-depth analysis of the complex and challenging field of international prosecution and human rights. It explains the role and operation of the International Criminal Court, and explores the various challenges confronting it.
Author: Knut Dörmann
Publisher: Cambridge University Press
ISBN: 9781139436540
Category : Law
Languages : en
Pages : 588
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Book Description
The Elements of War Crimes will assist the International Criminal Court (ICC) in the interpretation and application of the articles of the ICC Statute defining the crimes under its jurisdiction. These will not only be necessary for the future work of the ICC in interpreting the crimes provisions, but also for national courts, which have primary responsibility in the prosecution of international crimes under the Rome Statute. This commentary provides a critical insight into the travaux préparatoires of the Preparatory Commission leading to the adoption of the elements of war crimes. It contains an analysis of existing case law related to each war crime in the Statute. It will provide States, judges, prosecutors and international and national lawyers with key background information to implement international humanitarian law in future cases dealing with war crimes under the ICC. A unique, indispensable tool for prosecuting and defense lawyers working in international criminal law.
Author: William A. Schabas
Publisher: Routledge
ISBN: 113686668X
Category : Law
Languages : en
Pages : 476
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Book Description
International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law. The book is split into four parts for ease of reference: The Historical and Institutional Framework – Sets international criminal law firmly in context with individual chapters on the important developments and key institutions which have been established. The Crimes – Identifies and analyses international crimes, including a chapter on aggression. The Practice of International Tribunals – Focuses on topics relating to the practice and procedure of international criminal law. Key Issues in International Criminal Law – Goes on to explore issues of importance such as universal jurisdiction, amnesties and international criminal law and human rights. Providing easy access to up-to-date and authoritative articles covering all key aspects of international criminal law, this book is an essential reference work for students, scholars and practitioners working in the field.
