... enhance international criminal proceedings,14 the principle of fairness to apply in these proceedings15 and the introduction in ICL—made by the Nuremberg and Tokyo Tribunals ofthe notion of individual ... part” of international criminal law It establishes the basis and rationale for defenses in international criminal litigation, tracing them to their historical origins in international criminal ... Yugoslavia The Penal Code ofthe Socialist Federal Republic of Yugoslavia defined the general principles ofcriminal law, including the elements ofcriminal responsibility, and was applied by the constituent...
... at the ICTY, the ICTR, and the Special Panels, and they examine, among other things, the nature ofthe bargaining that has occurred, the rationales used to justify that bargaining, the effect of ... method for increasing the numbers of prosecutions that can be undertaken: the use of plea bargaining to obtain guilty pleas In particular, these chapters explore in detail the plea bargaining that ... International Criminal Prosecutions in Societies Emerging from Mass Atrocities 45 Plea Bargaining at the ICTY 57 Plea Bargaining at the ICTR 91 Plea Bargaining at the Special Panels in East Timor 114 Using...
... party, in order that the official act or refrain from acting in relation to the performance of official duties, in order to obtain or retain business or other improper advantage inthe conduct of international ... proof that the briber intended to influence the actions ofthe bribed official; they not require proof that the official did, in fact, alter his/her conduct Similarly, the offence of trading in ... is the fragmented definition of public officials inthe domestic legislation of Istanbul Action Plan countries Instead of incorporating the definition of a public official into the bribery offence,...
... 7(1) ofthe Tribunal Statute Individual criminal responsibility includes committing, planning, instigating, ordering or otherwise aiding and abetting inthe planning, preparation or execution of ... contribution ofthe other members ofthe group is often vital in facilitating the commission ofthe offence in question It follows that the moral gravity of such participation is often no less – or indeed ... Article 7(1) ofthe ICTY Statute; Article 29 ofthe Law on the Establishment ofthe Extraordinary Chambers inthe Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic...
... failed to inform the members ofthe Security Council ofthe deteriorating situation in Rwanda inthe months preceding the genocide They were predominantly focused on the impartiality ofthe U.N ... those who were interviewed inthe course ofthe research, as they contributed greatly by telling us about their roles inthe decisionmaking from 1993 to 1994 The Netherlands Ministry of Foreign Affairs ... scrutinizing the decision-making process at the international (macro) level inthe bystander states and the bystander international organizations at the moment in which the warnings become known The...
... participation inthe investigation stage ofthe proceedings inthe appeal ofthe OPCD against the decision ofthe Pre-Trial Chamber I of 3.12.2007 and inthe appeals ofthe OPCD and the Prosecutor against ... International criminal law 1.2 Other concepts of international criminal law 1.3 Sources of international criminal law 1.4 International criminal law and other areas of law 1.5 A body ofcriminal law ... General Principles of Liability 15.1 Introduction 15.2 Perpetration/commission 15.3 Joint criminal enterprise 15.4 Aiding and abetting 15.5 Ordering, instigating, soliciting, inducing and inciting...
... published in international criminal law, the author ofThe Principle of Complementarity in International Criminal Law (Martinus Nijhoff, 2008) and co-editor ofThe ICC and Complementarity from Theory ... extensively on topics of international criminal law Robert Cryer is Professor of International and Criminal Law at the University of Birmingham He is the author, inter alia, of Prosecuting International ... PhD (Nottingham) joined the University of Canterbury (New Zealand) from the University of Nottingham at the beginning of 2003 He teaches and researches incriminal law, international criminal law...
... use ofthecriminal law doctrine of joint criminal enterprise inthe Tribunal’s jurisprudence In Chapter , Professor André Nollkaemper looks at the development of general principles of law by the ... formed the basis ofthe negotiations, was ofthe view that the judges ofthe court should draft the rules, like the judges ofthe ICTY, subject to the approval of States parties Article () ofthe ... made against an accused, thereby having a direct bearing on the determination ofthe guilt or innocence ofthe accused, does not, inthe view ofthe Appeals Chamber, constitute “routine matters”...
... man Often referred to as the “father” of modern international criminal law, his fingerprints are upon every major international criminal law instrument ofthe past 45 years including the Apartheid ... project examining the international trafficking of women and children inthe Americas, the findings of which were published in a seminal report entitled In Modern Bondage: Sex Trafficking inthe Americas.7 ... Soft Theory of International Criminal Law • Let’s begin with the gap within the dominant narrative of international criminal law This narrative traces to the aftermath of World War II Following...
... international criminal law inthe broad sense as being one into the ‘Crimes against the Peace and Security of Mankind’: Draft Code of Crimes Against the Peace and Security of Mankind, in Report ofThe International ... international criminal law 1.3 Sources of international criminal law 1.4 International criminal law and other areas of law 1.5 A body ofcriminal law The Objectives of International Criminal Law 2.1 Introduction ... With the start ofthe first prosecutions by the International Criminal Court and the closing phases ofthe work ofthe ad hoc Tribunals, this is a good time for a new book on international criminal...
... act on the basis of international criminal law 1.b purposes of legality incriminal law The purposes ofthe principle of legality incriminal law can be divided into four sets The first set includes ... scripta instead of simply lege Most of this book is about the non-retroactivity ofcriminal law worldwide The other aspects ofthe principle of legality and the rule of law inthecriminal sphere ... applied the principle of advance notice to the entire law of private dealings in property He does not appear to require it inthe law of private contracts either At thetimeofthe adoption of the...
... conceptual and normative grounding of international criminal law Philosophers and other theorists are only just beginning to write about the emerging field of international criminal law International ... on the nature ofthe crimes involved – not so much on the kind of harm they inflict (they all involve serious harm done to individuals), but more on how they pertain to the legitimacy ofthe ... separate the two approaches in theorizing about the law.1 The difficulty in separating the two approaches is especially acute inthe case of international criminal law, not only because international...
... 1-85941-776-0 10 Printed and bound in Great Britain FOREWORD The publication ofthe second edition of International Criminal Law coincides with the first real work ofthe International Criminal Court ... emanating from the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda and developments relating to the International Criminal Court and other ... Elsewhere, the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are working under tight timetables within which they aim to conclude their...
... complete each other Inthe case of international criminal law, the International Criminal Court completes the tasks of national courts when they fail in performing their job Thus, they are both ... Table of Contents 6.1 6.2 6.3 The 1951 Draft Code of Offences against the Peace & Security of Mankind The 1954 Draft Code of Offences against the Peace & Security of Mankind The 1949 – 1950 Meetings ... contemplated by the drafters of Introduction the Statute Indeed, the Office ofthe Prosecutor ofthe International Criminal Court deems positive complementarity to be one ofthe cardinal strategies...
... quality ofthe act are allowed to influence sentencing? According to Ashworth, in taking into account the quality ofthe act, the courts are simply establishing another measure ofthe level of harm ... presumably less in need of being rehabilitated or of being deterred from doing the same thing again The other group of considerations relating to the offender concerns the likely effect of a sentence ... MITIGATION The circumstances ofthe offence Three types of factor, relating to the circumstances ofthe offence, influence sentencing First, the level of harm done is relevant If a minimal amount of...
... Inthe case of a legal provision amounting to a principle, the application ofthe principle is a matter of fixing the content ofthe principle’s subject matter, and then considering whether the ... capable of sustaining the disagreement, than it does in seeking grounds for aligning oneself with one or other ofthe parties Certainly there are a number of aspects ofthe current criminal law of ... interpret the rights ofthe ECHR, because in so doing they are only performing their traditional function of dealing with objective principles of law In his ‘Judicial Review and the Meaning of...
... as distinct species ofcriminal wrong; with the distinction between mala in se and mala prohibita, and the role of mala prohibita inthecriminal law; and with the ways in which thecriminal law ... why the distinction matters We will gain a clearer understanding (both analytical and critical) ofthe structure ofthecriminal law, and ofthe principles ofcriminal liability, if we distinguish ... theory As to ‘A theory of what?’, there are two issues to note The first concerns the scope ofcriminal law’ Theories and textbooks ofcriminal law’ often implicitly take it to consist in the...
... Regulating Deviance that took place at the International Institute for the Sociology of Law in Onati, Spain in June 2007 The main aim ofthe workshop was to gather together experts inthe fields of ... discussed in chapter nine, on the possibility of decriminalising homosexual acts as part of broader criminal law reforms provide the opportunity to revisit the delineation ofthe boundaries ofthecriminal ... primarily inthe writing of scholars rather than the opinions of courts’.4 Yet inthe modern law, the scholars’ role in constituting the boundaries of criminalisation receives scant attention, whether...
... the feminist critique ofcriminal law rules and its combination with the insights of criminology and criminal justice, let alone those of other disciplines, remains patchy in mainstream criminal ... by the sexism of those involved in enforcing the new laws In fact, according to Marie Fox’s chapter, feminists studying criminal law need to extend their gaze even further than the whole criminal ... have an interest either inthe area ofcriminal justice, or in law more broadly, or inthe development of feminist theoretical work There is important and useful material for all of them in this...
... questions as the purpose ofthecriminal law, the function ofthe judge and the jury, the burden and the standard of proof, and the right to appeal We have also attempted to explain how criminal offences ... processes, increasing their efficiency and Bloy and Parry’s Principles ofCriminal Law strengthening the effectiveness of their relationships with others across the whole ofthecriminal justice ... JUDICIAL LAW MAKING 1.4 THE ROLE OFTHE HOUSE OF LORDS AS THE FINAL APPELLATE COURT 1.5 THE PURPOSE OFTHECRIMINAL LAW 1.6 A WAY FORWARD – CODIFICATION OFTHE LAW? 1.7 THE DECISION TO CRIMINALISE CONDUCT...