the applicability of the criminal norm in place

... 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 of the 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 of the Socialist Federal Republic of Yugoslavia defined the general principles of criminal law, including the elements of criminal responsibility, and was applied by the constituent...

Ngày tải lên: 07/03/2014, 03:20

... taken place at the ICTY, the ICTR, and the Special Panels, and they examine, among other things, the nature of the bargaining that has occurred, the rationales used to justify that bargaining, the ... 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...

Ngày tải lên: 18/02/2014, 12:20

... 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 in the conduct of international ... proof that the briber intended to influence the actions of the 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 in the domestic legislation of Istanbul Action Plan countries Instead of incorporating the definition of a public official into the bribery offence,...

Ngày tải lên: 18/02/2014, 12:20

... 7(1) of the Tribunal Statute Individual criminal responsibility includes committing, planning, instigating, ordering or otherwise aiding and abetting in the planning, preparation or execution of ... contribution of the other members of the group is often vital in facilitating the commission of the offence in question It follows that the moral gravity of such participation is often no less – or indeed ... discussed in the second book in this series Introduction the accused when combined with the criminal conduct and mental state of the physical perpetrator There are two other key terms of art in the...

Ngày tải lên: 16/03/2014, 03:20

... failed to inform the members of the Security Council of the deteriorating situation in Rwanda in the months preceding the genocide They were predominantly focused on the impartiality of the U.N ... those who were interviewed in the course of the research, as they contributed greatly by telling us about their roles in the decisionmaking from 1993 to 1994 The Netherlands Ministry of Foreign Affairs ... scrutinizing the decision-making process at the international (macro) level in the bystander states and the bystander international organizations at the moment in which the warnings become known The...

Ngày tải lên: 16/03/2014, 03:20

... participation in the investigation stage of the proceedings in the appeal of the OPCD against the decision of the Pre-Trial Chamber I of 3.12.2007 and in the appeals of the 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 of criminal 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...

Ngày tải lên: 16/03/2014, 03:20

... published in international criminal law, the author of The Principle of Complementarity in International Criminal Law (Martinus Nijhoff, 2008) and co-editor of The 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 in criminal law, international criminal law...

Ngày tải lên: 23/03/2014, 06:20

... use of the criminal law doctrine of joint criminal enterprise in the Tribunal’s jurisprudence In Chapter , Professor André Nollkaemper looks at the development of general principles of law by the ... formed the basis of the negotiations, was of the view that the judges of the court should draft the rules, like the judges of the ICTY, subject to the approval of States parties Article () of the ... made against an accused, thereby having a direct bearing on the determination of the guilt or innocence of the accused, does not, in the view of the Appeals Chamber, constitute “routine matters”...

Ngày tải lên: 07/12/2015, 00:45

... man Often referred to as the “father” of modern international criminal law, his fingerprints are upon every major international criminal law instrument of the past 45 years including the Apartheid ... project examining the international trafficking of women and children in the Americas, the findings of which were published in a seminal report entitled In Modern Bondage: Sex Trafficking in the 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...

Ngày tải lên: 07/12/2015, 00:47

... international criminal law in the 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 of The 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 of criminal law The Objectives of International Criminal Law 2.1 Introduction ... With the start of the first prosecutions by the International Criminal Court and the closing phases of the work of the ad hoc Tribunals, this is a good time for a new book on international criminal...

Ngày tải lên: 07/12/2015, 00:55

... act on the basis of international criminal law 1.b purposes of legality in criminal law The purposes of the principle of legality in criminal 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 of criminal law worldwide The other aspects of the principle of legality and the rule of law in the criminal sphere ... in criminal law and the rule of law generally We might usefully change the name of the principle of legality to the principle of illegality, as it requires that an act be illegal in the criminal...

Ngày tải lên: 07/12/2015, 01:01

... 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 of the 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 of the ... separate the two approaches in theorizing about the law.1 The difficulty in separating the two approaches is especially acute in the case of international criminal law, not only because international...

Ngày tải lên: 07/12/2015, 01:06

... 1-85941-776-0 10 Printed and bound in Great Britain FOREWORD The publication of the second edition of International Criminal Law coincides with the first real work of the 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 ... Trafficking in Obscene Publications 88 3.3 3.4 CHAPTER INTERNATIONAL CRIMINAL LAW OF THE SEA 93 4.1 Introduction: The Law of the Sea 93 4.2 Piracy Jure Gentium 94 4.2.1 Definition of piracy under international...

Ngày tải lên: 07/12/2015, 01:06

... 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 ... application of the principle of complementarity in international criminal law requires the exclusion of neither domestic courts nor the International Criminal Court On the contrary, the core idea ... contemplated by the drafters of   Introduction the Statute Indeed, the Office of the Prosecutor of the International Criminal Court deems positive complementarity to be one of the cardinal strategies...

Ngày tải lên: 07/12/2015, 01:10

... quality of the act are allowed to influence sentencing? According to Ashworth, in taking into account the quality of the act, the courts are simply establishing another measure of the 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 of the offence Three types of factor, relating to the circumstances of the offence, influence sentencing First, the level of harm done is relevant If a minimal amount of...

Ngày tải lên: 18/02/2014, 12:20

... In the case of a legal provision amounting to a principle, the application of the principle is a matter of fixing the content of the 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 of the parties Certainly there are a number of aspects of the current criminal law of ... interpret the rights of the 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...

Ngày tải lên: 18/02/2014, 12:20

... as distinct species of criminal wrong; with the distinction between mala in se and mala prohibita, and the role of mala prohibita in the criminal law; and with the ways in which the criminal law ... growing importance of what we might call the pseudo-non -criminal law: the use of legal techniques that are not formally aspects of the criminal law, but that are used in place of the ordinary criminal ... why the distinction matters We will gain a clearer understanding (both analytical and critical) of the structure of the criminal law, and of the principles of criminal liability, if we distinguish...

Ngày tải lên: 18/02/2014, 12:20

... Regulating Deviance that took place at the International Institute for the Sociology of Law in Onati, Spain in June 2007 The main aim of the workshop was to gather together experts in the 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 of the boundaries of the criminal ... primarily in the writing of scholars rather than the opinions of courts’.4 Yet in the modern law, the scholars’ role in constituting the boundaries of criminalisation receives scant attention, whether...

Ngày tải lên: 18/02/2014, 12:20

... the feminist critique of criminal 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 in the area of criminal justice, or in law more broadly, or in the development of feminist theoretical work There is important and useful material for all of them in this...

Ngày tải lên: 18/02/2014, 12:20