The Nutshell is intended as an introduction for students taking a first course in international criminal law as well as practitioners with little or no familiarity with the field. After a brief introduction to the history of international criminal law (from its origins through Nuremburg to the ad hoc tribunals for the Former Yugoslavia and Rwanda), it summarizes basic principles of international accountability (such as the doctrine of "legality") and concepts of international criminal jurisdiction (including "universal" jurisdiction). Several chapters focus on the International Criminal Court, in particular its substantive jurisdiction (genocide, crimes against humanity, war crimes and aggression), modes of liability and available defenses. Additional chapters cover the purposes and procedures of extradition (and its alternatives, such as "rendition") and mutual legal assistance (obtaining evidence abroad for use in criminal cases). Attention is also given to the major ?
The ICC Between Law and Politics in Darfur and Northern Uganda
Author: Philipp Kastner
Publisher: Martinus Nijhoff Publishers
By analysing the involvement of the International Criminal Court in northern Uganda and Darfur, this book argues that the primary mandate of the ICC seems to have unduly shifted from fighting impunity to influencing politics in the context of ongoing armed conflicts.
This book comes as the first English language, systematic overview of Swiss criminal law. It provides a gateway for lawyers who are unfamiliar with this legal order, yet have an academic or practical interest in it. And it gives lawyers with a background in Swiss law a useful tool when working in English. The book brings into focus the basics of criminal law and links it with criminal procedural law, the rules on transnational cooperation in criminal matters and the parameters flowing from constitutional, international and European law. It deals with core questions of criminal law: what amounts to a criminal offence, how is criminal liability determined and what are its consequences? Furthermore, it provides general insight on international criminal law, which plays an increasingly important role. To fulfil its gateway function, the book concludes with a practical guide to Swiss criminal law and a thesaurus.
Until recently, and with a few notable exceptions in the wake of World War II, violations of the laws of war and international humanitarian law were addressed primarily as claims between states. However, this approach has changed radically in the last twenty years, as the international community has increasingly accepted the idea of individual criminal responsibility for violations of international humanitarian law. The International Criminal Tribunals for the former Yugoslavia and Rwanda have played a key role in this transformation and, as the trailblazers for a growing number of new international or hybrid criminal courts, in establishing the field of international criminal justice and encouraging the national prosecution of war crimes. Understanding the Tribunals' origins, their ground-breaking jurisprudence, and how they have addressed critical legal and practical challenges is essential to understanding both the revolution that has occurred over the past twenty years and how international criminal law will change and grow in the years ahead. As a leading scholar on humanitarian law, and President of the International Criminal Tribunal for the former Yugoslavia, Theodor Meron has observed and influenced the development of international criminal law as it has evolved from a mostly academic exercise to a cornerstone of the new international legal order. In this collection of speeches delivered during his first decade on the bench, he offers an insightful overview of the foundations of international criminal law as well as a unique insider's perspective on the challenges faced by international criminal tribunals, their creation of a corpus of substantive and procedural law, and the responsibilities of international jurists. Judge Meron's experience in international criminal justice makes this volume as rewarding for experts as it is for the general public.
This title is a comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.
The book provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. In particular it focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. Drawing from scholarship across law, history, politics and philosophy, this book explores the permissibility of employing preventive force under the law of individual and national self-defence. The book illustrates how the law of international self-defence, and in particular the requirement of imminence, has been subjected to controversy in parallel with its domestic counterpart. In both disciplines the debate over imminence is centred on similar concerns, issues and tensions despite the fact the arguments put forward are designed to address different scenarios. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.
Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume Treatise on International Criminal Law presents a foundational, systematic, consistent and comprehensive analysis of international criminal law. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This first volume addresses the foundations of international criminal law and the emerging general principles. It examines the history of the discipline and the concepts behind it. Looking at the sources of international criminal law, the book then moves to investigate the general structure of crime in international criminal law, and to address in detail the role played by the concept of individual criminal responsibility. The subjective requirements of criminal responsibility are examined, and also those defences that exclude such responsibility. The full three-volume treatise will address the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It will be essential reading for practitioners, scholars, and students of international criminal law alike.
A reliable source on international human rights law for students, practitioners, and professors. Provides an overview of the international, regional and domestic human rights systems. It reviews recent developments in the field of international humanitarian law, including through decisions of the ad hoc tribunals for the Former Yugoslavia and Rwanda and the establishment of the International Criminal Court. Discover the history behind international human rights, including the institutional context from which they evolved. Features expert review of human rights norms and identifies new developments in this area.
Civil Society Strategies to Enforce International Environmental Law
Author: Linda Malone
Publisher: Island Press
Defending the Environment provides the means for nongovernmental organizations, community groups, and individuals to bring environmental and public health problems to the attention of international courts, tribunals, and commissions, or to their domestic counterparts. It suggests specific strategies and provides detailed information for taking action. This revised and updated edition also contains new case studies of the application of those strategies that has occurred in recyears. Each chapter provides a description of the institutional mechanisms that can potentially receive, review, and remedy the alleged violation, along with a set of guidelines that explain how the reader can employ a particular strategy, and an example that indicates the effectiveness of a given strategy. In addition, the book offers an appendix that lists individuals and organizations who can assist with the various strategies described. Defending the Environment represents the first concise, comprehensive guide to international environmental law and institutions that offers readers hands-on strategies for addressing environmental and public health problems.
Court interpreting is becoming increasingly professionalized as the number of practitioners grows and judicial systems and legislatures throughout the world focus more on language rights as an element of due process. Introduction to Court Interpreting is the first course book for court interpreter training that is not oriented toward the judicial system of a particular country, but can be used in any country for training interpreters in any language combination. It covers the history of the profession, the legal basis for the interpreter's presence in the courtroom, criminal and civil procedure, comparative law, the role of the interpreter in the judiciary setting, ethical principles, techniques of interpreting, and resources for continuing education and research. Designed to be accessible to both teachers and students, it contains numerous practical exercises and suggestions for further reading, as well as a comprehensive bibliography. Many changes have taken place in the court interpreting profession and in the judicial systems of many countries in recent years. Introduction to Court Interpreting reflects these developments and addresses the need for an up-to-date, globalized approach to preparing an increasingly diverse student population to enter this challenging profession.