the legitimate sources of the criminal norm

... that the relative subjectivity of the Israeli Court allowed for greater understanding of the circumstances and greater recognition of the complexity of the notion of the victim [the member of the ... 2.3 The General Scope of the Defense of Superior Orders: The Law of the Case 2.4 The Specific Scope of the Defense of Superior Orders Within the ICC: ... comparative criminal law and procedure have therefore questioned the validity or wisdom of some of the choices made, as well as the wording of some of the norms and rules that were elaborated Nevertheless,...

Ngày tải lên: 07/03/2014, 03:20

... of impunity, and the courts of Rwanda, Ethiopia, and the states of the former Yugoslavia are trying valiantly to prosecute the perpetrators of their more recent conflicts In many respects, then, ... criminal justice ery, torture, and apartheid, for instance, require states to criminalize these offenses as part of their domestic criminal law Despite these advances in codification, the ... served by the prosecution of domestic crimes Others satisfy needs specific to societies emerging from the horror of large-scale atrocities An analysis of these ends and the ways in which they are...

Ngày tải lên: 18/02/2014, 12:20

... important The conventions require the briber and the official to be liable regardless of the culpability of the intermediary The focus is thus on the liability of the briber and the official, ... “corruption” Instead they establish the offences for a range of corrupt behaviour Hence, the OECD Convention establishes the offence of bribery of foreign public officials, while the Council of Europe Convention ... and the official In other words, offering and giving not require that the public official accepts the offer or gift, or even that he or she is aware of or has received the offer or gift (e.g., the...

Ngày tải lên: 18/02/2014, 12:20

... concentrates on the jurisprudence of the main source of contemporary international criminal law – the law of the ad hoc tribunals – but which at the same time takes account of all the other sources of this ... Article 7(1) of the ICTY Statute; Article 29 of the Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic ... involved in the evolution of the law before the tribunal, the study examines the substantive law of the tribunals Foreword xv primarily from the perspective of the international criminal law...

Ngày tải lên: 16/03/2014, 03:20

... group of the MRND The group had separated from the MRND, because they were of the opinion that President Habyarimana was too moderate; the leaders of the CDR were among the main organizers of the ... Professor of Law, University of Witwatersrand, South Africa; and Professor of Public International Law, University of Leiden, The Netherlands Michael P Scharf Professor of Law and Director of the ... and a board of governors for this chair The research was done within the framework of the Netherlands Institute of Human Rights in the Law Faculty of the Utrecht University, and at the Maastricht...

Ngày tải lên: 16/03/2014, 03:20

... 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 the ... in the investigation stage of the proceedings in the appeal of the OPCD against the decision of Pre-Trial Chamber I of 7.12.2007 and in the appeals of the OPCD and the Prosecutor against the ... 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...

Ngày tải lên: 16/03/2014, 03:20

... full Professor at the Law Faculty of the University of Geneva, Adjunct Professor at the Graduate Institute of International and Development Studies and Director of the LLM Programme of the Geneva ... such a way were the following: the Reichcabinet, the Leadership Corps of the Nazi Party, the SS and including the SD, the Gestapo, the SA, the General Staff and High Command of the German Armed ... of the consent of the State of Japan to war crimes trials in the Instrument of Surrender .The focus at Tokyo was instead upon the extent of the scope of that consent and whether the crimes tried...

Ngày tải lên: 23/03/2014, 06:20

... submitted the draft statute to the General Assembly which 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, ... Article  of the Statute [equivalent to Article  of the ICTY Statute] and Rule  of the Rules, this is a function of the Plenary of the Tribunal. It is true that the judges acting in their judicial ... the totality of the criminal conduct of the accused Furthermore, Rule (C) was deleted. ese amendments brought the Rule clearly in line with the practice of the ICTY and ICTR, including the...

Ngày tải lên: 07/12/2015, 00:45

... exercise of prosecutorial discretion in favor of pursuing cases on the basis of the likelihood of conviction, or on the minimization of negative political fall-out, instead of the gravity of the offense ... sentence must reflect the predominant standard of proportionality between the gravity of the offence and the degree of responsibility of the offender.”) 12 • Essays in Honor of M Cherif Bassiouni ... recounts the history of the 780 Commission and its role ushering in the modern era of accountability The Foreword • xiii Commission set the stage for the establishment of the Yugoslavia Tribunal, the...

Ngày tải lên: 07/12/2015, 00:47

... 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 2.2 The ... 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 ... on the Objection of the Republic of Croatia to the Issuance of Subpoena Duces Tecum, IT-95-14-PT, T.Ch II 18.7.1997 352, 406, 419 Judgment on the Request of the Republic of Croatia for Review of...

Ngày tải lên: 07/12/2015, 00:55

... to the growth of the state as a replacement for private vengeance It is the opposite of the blood feud, in which the family of the victim takes revenge on the family of the perpetrator of an offense ... in the technical phrase “general principles of law,” one of the canonical sources of international law listed in the Statute of the International Court of Justice and the earlier Statute of the ... issues of the rule of law more generally It discusses both the human rights and the criminal law purposes of legality The emphasis is on the prior existence of not only a criminal law but also a criminal...

Ngày tải lên: 07/12/2015, 01:01

... in my view, involve the violation of the conditions of the legitimate authority of the state.34 The legitimate authority of The principle of complementarity in international criminal law that gives ... international because of the kind of crimes they are is the idea that some acts of harm, because of their relation to the abuse of state authority or other violations of the state’s legitimacy ... to embrace as part of their mission the achievement of political results, not in service of a partisan agenda but rather in the service of a universal norm: the protection of innocent victims...

Ngày tải lên: 07/12/2015, 01:06

... Distribution of Narcotic Drugs, as Amended by the Protocol Signed on 11 December 1946 55 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others ... 12.3.1 The law and jurisdiction of the IMT at Nuremberg 327 12.3.2 The legal basis and criticism of the IMT 333 12.4 The IMTFE 334 12.5 The ILC’s Role in the Post-Nuremberg Era 335 CHAPTER 13 THE ... Introduction 287 11.2 The Legal Framework of Evidence 289 11.2.1 The Rules of Evidence of the ad hoc tribunals 290 11.2.2 Analysis of the Rules of Evidence of the ad hoc tribunals 295 Admissibility...

Ngày tải lên: 07/12/2015, 01:06

... “a symbol” of those who violated the laws of humanity, see The Council of Heads of Delegations: Minutes of Meeting September 15: Notes of A Meeting of the Heads of Delegations of the Five Great ... effect on the procedural regime of Articles 18 and 19 of the Statute This entails an examination of the impact of waivers of complementarity on the application of Articles 18 and 19 of the Statute ... 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

... concerned with the relative value of two wrongs: the killing of the cabin boy on the one hand, and the starvation of the other men in the boat on the other The American Law Institute’s Model Penal Code ... regulated by Section Three of the Criminal Law Act THE THEORY OF JUSTIFICATION AND EXCUSE 29 1967 Defence of oneself or others is regulated by the common law The law permits the use of as much force as ... prevent the attribution of this responsibility (Hart 1968, p.31) How they this? Choice theory The second theory of blame and excuse is often attributed to Kant (1788, p.66) The basis of the theory...

Ngày tải lên: 18/02/2014, 12:20

... an indictment of the conventional premises of the law, and offers in their place a radical reassessment of the directions the law should take In juxtaposition to the pessimism of the heterodox ... appropriation (of another’s property dishonestly made with the intention of permanently depriving the other of it), the outcome provided by the rule necessarily follows We have a case of theft There is ... in the surface contours of these processes may be summarised as follows In the case of a legal provision amounting to a rule, the application of the rule is a matter of fixing the content of the...

Ngày tải lên: 18/02/2014, 12:20

... needs to be said here forms the start of an answer to two questions: ‘What kind of theory?’, and ‘A theory of what?’ As to ‘What kind of theory?’, talk of a ‘theory of criminal law’ might suggest ... complete sketch neither of responsibility, nor of the contours of criminal liability Chapters 8–11 complete the sketch of responsibility, and outline some of the key structural aspects of criminal liability ... seems to flout the demand that conviction of a criminal offence should depend on proof of fault, of mens rea, as to all aspects of the offence; but it also discusses doctrines of strict criminal responsibility,...

Ngày tải lên: 18/02/2014, 12:20

... standing in the matter of redressing wrongs Under the older welfare-liberal model of the state, a clear line was drawn between the role of the state and the role of the public, and in particular the ... homosexual acts as part of broader criminal law reforms provide the opportunity to revisit the delineation of the boundaries of the criminal law from a decriminalisation perspective rather than one that ... construction of offences against the person in the Australian Criminal Code (Cth) He argues that the Model Criminal Law Officers Committee’s original choice of using such offences to help formulate the...

Ngày tải lên: 18/02/2014, 12:20

... means of denying the rationality of their actions and the legitimacy of their responses to certain social conditions or the behaviour of others The chapters in this book reveal the centrality of ... She is the founder and a convenor of the Centre for Law and Gender Studies at Bristol She is also an Associate Editor of the Journal of Law and Society and a member of the Executive of the Socio-Legal ... Law at the University of Sussex She is the author of Rape and the Legal Process (1987), numerous articles on criminal law and criminal justice and the editor of Rape and the Criminal Justice System...

Ngày tải lên: 18/02/2014, 12:20