Modes of Liability in International Criminal Law

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Release : 2019-07-11
Genre : Law
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Book Rating : 152/5 ( reviews)

Modes of Liability in International Criminal Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Modes of Liability in International Criminal Law write by Marjolein Cupido. This book was released on 2019-07-11. Modes of Liability in International Criminal Law available in PDF, EPUB and Kindle. Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.

Elements of Accessorial Modes of Liability

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Release : 2012-08-27
Genre : Law
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Book Rating : 071/5 ( reviews)

Elements of Accessorial Modes of Liability - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Elements of Accessorial Modes of Liability write by Sarah Finnin. This book was released on 2012-08-27. Elements of Accessorial Modes of Liability available in PDF, EPUB and Kindle. This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute.

Theories of Co-perpetration in International Criminal Law

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Release : 2018-05-07
Genre : Law
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Book Rating : 505/5 ( reviews)

Theories of Co-perpetration in International Criminal Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Theories of Co-perpetration in International Criminal Law write by Lachezar D. Yanev. This book was released on 2018-05-07. Theories of Co-perpetration in International Criminal Law available in PDF, EPUB and Kindle. The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.

Individual Criminal Responsibility for Core International Crimes

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Release : 2010-10-19
Genre : Law
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Book Rating : 591/5 ( reviews)

Individual Criminal Responsibility for Core International Crimes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Individual Criminal Responsibility for Core International Crimes write by Ciara Damgaard. This book was released on 2010-10-19. Individual Criminal Responsibility for Core International Crimes available in PDF, EPUB and Kindle. 1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.

Complicity in International Criminal Law

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Release : 2016-12-15
Genre : Law
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Book Rating : 098/5 ( reviews)

Complicity in International Criminal Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Complicity in International Criminal Law write by Marina Aksenova. This book was released on 2016-12-15. Complicity in International Criminal Law available in PDF, EPUB and Kindle. This book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion. Awarded The Paul Guggenheim Prize in International Law 2017!