Pluralism In International Criminal Law

Author by : Elies van Sliedregt
Languange : en
Publisher by : Oxford University Press
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Description : "Collection of papers presented at the conference "Pluralism v Harmonization: National Adjudication of International Crimes" that was held in June 2012 in Amsterdam"--Acknowlegements.


Domestic Legal Pluralism And The International Criminal Court

Author by : Justin Su-Wan Yang
Languange : en
Publisher by :
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Total Read : 66
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Description : "This book explores how the unique historical development of Islamic Shari'a criminal law alongside English common law in northern Nigeria has created a hybridised criminal legal system through a pluralist dynamic of mutual accommodation. It studies how this system may potentially be accommodated by the International Criminal Court. The work examines how this could be accommodated through the current understanding and operation of complementarity, and that it could ultimately prove to be preferable in encouraging the Shari'a courts to exercise criminal justice over the radical insurgents in northern Nigeria. These courts would have the unprecedented ability to combine binding adjudicative judgments together with religious interpretation and guidance, which can directly combat the predominantly unchallenged domain of ideology by extremist actors. It is submitted that these pluralist perspectives are timely and welcome, given the undeniably Western European foundations of modern International Criminal Law. In exploring such potential avenues, our shared understanding of modern international criminal justice is widened to necessarily include other stakeholders beyond its Western founders. It is the aim and hope that such interactions and engagements with non-Western traditions and cultures will lead to a greater shared ownership of the international criminal justice project, which will only strengthen the global fight against impunity. The book will be essential reading for academics, researchers and policy-makers working in the areas of International Criminal Law, Legal Pluralism, Islamic Shari'a Law, Nigeria, and religiously-inspired violence"--


The Diversification And Fragmentation Of International Criminal Law

Author by : Larissa van den Herik
Languange : en
Publisher by : Martinus Nijhoff Publishers
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Total Read : 81
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Description : This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.


Fictions Of Justice

Author by : Kamari Maxine Clarke
Languange : en
Publisher by : Cambridge University Press
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Total Read : 62
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Description : This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.


Command Responsibility In International Criminal Law

Author by : Chantal Meloni
Languange : en
Publisher by : Asser Press
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Total Read : 45
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Description : This book offers an in-depth study of the command responsibility doctrine, pursuant to which military commanders and civilian leaders can be held responsible for the crimes committed by their subordinates that they failed to prevent or punish. This form of responsibility has gained much attention in the last years; however, it still presents several open questions and critical difficulties arise in its application. The author traces the roots of such criminal responsibility, from its military origins to its first appearances in international case law after World War II. Particular attention is given to the jurisprudence of the ad hoc Tribunals, which extensively elaborated on the issue, and to the provision of Article 28 of the Statute of the International Criminal Court. The book provides a systematic analysis of command responsibility, outlining its different forms and finding a proper role for it within the complex net of responsibilities that connotes the commission of international crimes. This book is an important contribution to the literature and worldwide discussion on command responsibility and therefore highly recommended to scholars of international law, criminal law and international criminal law as well as to all practitioners (judges, legal assistants, prosecutors, defence counsels) working at or with international tribunals, experts in the military field, investigators dealing with international crimes, NGOs and journalists. Chantal Meloni is working as a Researcher at the Criminal Law Department of the UniversitàdegliStudi of Milan, Italy. Since several years she specializes in international criminal law. She spent long research periods abroad, in particular at the Humboldt Universität of Berlin in Germany. She also worked at the International Criminal Court as a Legal Assistant in Chambers.


The Oxford Handbook Of International Criminal Law

Author by : Darryl Robinson
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 69
Total Download : 538
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Description : In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.


Nouvelles Tudes P Nales

Author by : International Association of Penal Law
Languange : en
Publisher by :
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Total Read : 69
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The Oxford Handbook Of Global Legal Pluralism

Author by : Paul Schiff Berman
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 63
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Description : "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--


International Criminal Justice In Bello

Author by : Philipp Kastner
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 83
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Description : 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.


Michigan Law Review

Author by :
Languange : en
Publisher by :
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Total Read : 9
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Atrocity Punishment And International Law

Author by : Mark A. Drumbl
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 87
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File Size : 53,6 Mb
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Description : This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.


Politicizing The International Criminal Court

Author by : Steven C. Roach
Languange : en
Publisher by : Rowman & Littlefield Publishers
Format Available : PDF, ePub, Mobi
Total Read : 22
Total Download : 767
File Size : 40,7 Mb
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Description : This innovative and systematic work on the political and ethical dimensions of the International Criminal Court (ICC) is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Steven C. Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.


Global Justice

Author by : Kingsley Chiedu Moghalu
Languange : en
Publisher by : Praeger
Format Available : PDF, ePub, Mobi
Total Read : 67
Total Download : 671
File Size : 43,7 Mb
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Description : Deftly demonstrates how politics, law, and policy intersect in the quest for accountability for violations of international humanitarian law.


Encyclopedia Of Law And Society

Author by : David S. Clark
Languange : en
Publisher by : SAGE Publications, Incorporated
Format Available : PDF, ePub, Mobi
Total Read : 15
Total Download : 109
File Size : 42,9 Mb
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Description : The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia's coverage, American and international law and society will be better understood within its historical and comparative context.


Doing Justice To History

Author by : Barrie Sander
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 71
Total Download : 201
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Description : This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.


Proceedings Of The Annual Meeting

Author by : American Society of International Law
Languange : en
Publisher by :
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Total Read : 36
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Description :


International Extradition

Author by :
Languange : en
Publisher by :
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Total Read : 9
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Description :


Legal Pluralism And The Colonial Legacy

Author by : Kayleen M. Hazlehurst
Languange : en
Publisher by : Aldershot [England] : Avebury
Format Available : PDF, ePub, Mobi
Total Read : 18
Total Download : 926
File Size : 42,7 Mb
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Description : Collection of essays with contributors from Canada, New Zealand and Australia; examines impact of legal and criminal justice systems on Indigenous peoples; places contemporary events in historical context; significant influences and similarities noted; essays on Australian experience annotated individually.


Governance And International Legal Theory

Author by : I.F. Dekker
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 56
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Description : This book discusses the above-mentioned topics from a multidisciplinary perspective.


The Eu The Wto And China

Author by : Francis Snyder
Languange : en
Publisher by : Hart Publishing
Format Available : PDF, ePub, Mobi
Total Read : 66
Total Download : 460
File Size : 50,7 Mb
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Description : Snyder's book consists of a series of integrated studies of sites of governance, global legal pluralism and the regulation of international trade.


The Dawn Of A Discipline

Author by : Frédéric Mégret
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 90
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File Size : 52,7 Mb
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Description : The history of international criminal justice is often recounted as a series of institutional innovations. But international criminal justice is also the product of intellectual developments made in its infancy. This book examines the contributions of a dozen key figures in the early phase of international criminal justice, focusing principally on the inter-war years up to Nuremberg. Where did these figures come from, what did they have in common, and what is left of their legacy? What did they leave out? How was international criminal justice framed by the concerns of their epoch and what intuitions have passed the test of time? What does it mean to reimagine international criminal justice as emanating from individual intellectual narratives? In interrogating this past in all its complexity one does not only do justice to it; one can recover a sense of the manifold trajectories that international criminal justice could have taken.