Attention then turns to ad hoc courts and tribunals that conduct international prosecutions, including the International Criminal Court, along with the judicial lawmaking process under ICL and the legality principle. The chapter ends by discussing the modes of liability under ICL, the concept of superior responsibility, and defenses in ICL.
Keywords: international criminal law , genocide , aggression , war crimes , crimes against humanity , international prosecutions , International Criminal Court , liability , superior responsibility , defenses.
International Criminal Justice - Political Science - Oxford Bibliographies
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International Criminal Law. International criminal justice is a field of international law that calls for the prosecution of the planners and organizers of the gravest war crimes and human rights abuses. It is part of a growing body of international law that seeks to place the individual at its center—both as perpetrator, to be held accountable, and as victim, with a right to redress. The first major challenges to that system were the International Military Tribunals at Nuremberg and Tokyo after the Second World War, both of which focused on individual rather than state responsibility for violations of international law, and did so regardless of traditional immunities associated with official position.
They also established a new crime in international law—crimes against humanity—which pierced the principle of noninterference by holding individuals accountable for egregious acts of persecution and murder within their own territory, even if those acts are consistent with domestic law. While the Cold War impeded progress in international criminal justice, its end witnessed four developments that built on the promise of Nuremberg. First, the UN Security Council authorized two ad hoc tribunals to prosecute international crimes committed during the civil wars in the former Yugoslavia and the Rwandan genocide.
Second, the UN negotiated the creation of hybrid courts with mixed panels of national and international judges, initially in Sierra Leone, Cambodia, and East Timor. As international criminal justice has become a more prominent feature of international law and of policy debates surrounding responses to political violence, it has also become the subject of multidisciplinary scholarship involving political and other social sciences, law, and ethics.
To its strongest proponents in the academic and activist communities, this development represents a growing acceptance of a universal duty to prosecute certain core international crimes, the long-term consequence of which will be to end the culture of impunity in which state and rebel leaders believe they will never be held accountable for using whatever means they deem necessary, no matter how atrocious, to achieve their objectives.
To its critics, this view overstates the power of legal norms to transform politics and understates the tradeoffs between international prosecution and other interests and values, such as promoting national security or mediating peace agreements.
While much of the legal scholarship on international criminal justice is designed for practitioners e. First, international criminal law assigns individual criminal accountability to violations of international law. Cassese and Ratner, et al.get link
Comparative Criminal Justice Systems
A more concise overview accessible to nonlawyers is Slye and Van Schaack Second, the Laws of Armed Conflict, which are composed of both Geneva Law—obligations toward protected persons, such civilians or soldiers who have been captured or wounded—and Hague Law—which regulates the means and methods of warfare—establish the legal basis for war crimes prosecutions. Kalshoven and Zegveld provide a comprehensive exposition of the major treaties and their interpretation, while Best explains the historical evolution of the laws of war in theory and in practice. Gutman, et al. Alston and Goodman is the most comprehensive text in the field, while Buergenthal, et al.
Alston, Philip, and Ryan Goodman. International Human Rights. Oxford: Oxford University Press, A comprehensive text introducing students to international human rights law, focusing on its normative foundations, the codification of rights into treaties, and mechanisms for enforcement by the UN, regional organizations, states, nongovernmental organizations, and international criminal tribunals. Bantekas, Ilias. Research on quality control in fact-work. Hirad Abtahi was also a legal consultant with the Geneva-based International Commission of Jurists, on behalf of which he advised the ICTY Registry on issues such as the relocation of victims and witnesses, the conditions of detention of accused persons and the enforcement of sentences in third countries.
He has lectured and published in English, French, and Persian on human rights, humanitarian law, and international criminal law. He teaches and researches in the areas of public international law, international criminal law and transitional justice, with a particular interest in human rights and multiculturalism, war crimes prosecutions, UN reform and the prevention of genocide. She was formerly the second Registrar of the International Criminal Court.
She obtained her master's degree in law from the University of Padua in Italy in and, while working, continued her training in order to specialise in European law at the Academy of European Law in Florence and international law at The Hague Academy of International Law. She has also been a consultant with the non-governmental organisation CRIC. Her current research areas include artificial intelligence; biosystems and computational biology; control, intelligent systems, and robotics; graphics and human-computer interaction, computer vision; and security.
From November to , she served as director of CITRIS, an initiative bringing together the University of California campuses at Berkeley, Davis, Merced and Santa Cruz with private industry to develop ways to use information technology to affect people's daily lives.
Prior to joining Berkeley, Dr. As a former faculty member of the University of Pennsylvania, she also served as the Director of the University's General Robotics and Active Sensory Perception Laboratory, which she founded in , and chaired the Computer and Information Science department from to Bassiouni Justice Award was established in in his name and honour. In addition, he received several honorary degrees. He is the author or editor of numerous books on international criminal law, comparative criminal law, human rights, and U.
Professor Bassiouni is among those who have influenced the development of international criminal most significantly. A qualified lawyer, she specialises in international criminal law with particular expertise in national implementing legislation for the ICC. Olympia has provided research and capacity building support for 63 States, through intensive training to more than 75 international government officials and drafting assistance to Samoa with legislation enacted in November , Fiji and Jamaica.
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He was an international pioneer in legal informatics, in particular in the area of legal information retrieval. His fields of expertise included intellectual property, media law, data protection and telecommunications law. He assisted the development of legal information systems in Norway and other countries including Bulgaria, Portugal, Tanzania and the former Yugoslavia. He authored numerous academic publications and fiction.
Bitti is the author of numerous publications on the ICC and he speaks regularly at academic conferences on international criminal justice. In that role, Dr.
Brammertz was responsible for the prosecution of all trials and appeals before the Tribunal. Brammertz headed the investigation into the murder of former Lebanese Prime Minister Rafik Hariri from January until the end of Since , he has collaborated on human rights projects in Asia with the East-West Center in Honolulu, a federally funded Asia-Pacific research center. Arne-Willy Dahl was Judge Advocate General for the Norwegian Armed Forces, and in that capacity responsible for penal prosecution in military cases and for legal advice in summary punishment cases.
Professor Dinstein is currently a member of the Institute of International Law.
- Comparative Criminal Justice Systems, - Studiegids - Universiteit Leiden.
- Economics and Ecology: United for a Sustainable World.
- Collaboration and Resistance in Occupied France: Representing Treason and Sacrifice;
Professor Dinstein is Editor of the Israel Yearbook on Human Rights and has published extensively in the field of international law. As Executive Director of the International Bar Association IBA Mark Ellis leads the foremost international organization of bar associations, law firms and individual lawyers in the world. The IBA is comprised of bar associations and 30, individual members from countries.
Prior to joining the IBA, Mr. Jon Elster is Robert K. Siri S. Frigaard is a former Chief Public Prosecutor and former Director of the Norwegian National Authority for Prosecution of Organised and Other Serious Crime, a position she held from the beginning of this office in until From January until May , she was Deputy General Prosecutor for Serious Crimes in East Timor, in charge of the investigation and prosecution of the serious crimes committed in the country prior to She has represented Norway in different committees in the European Council in Strasbourg and also in the Baltic Sea Co-operation concerning international legal aid.
James A. Goldston is the founding Executive Director of the Open Society Justice Initiative, an operational arm of the Soros foundations network that promotes rights-based law reform worldwide.
The Justice Initiative pursues international litigation, advocacy and research to address a wide range of problems, including mass atrocity crimes, statelessness, racial discrimination, barriers to free expression, excessive pre-trial detention, and corruption linked to exploitation of natural resources. He was lead counsel in the decade-long litigation culminating in the landmark judgment of the Court in DH v. Czech Republic, which for the first time found a nationwide systemic practice of discrimination in breach of the European Convention.
Richard J. She has had several consultancies in and lectured extensively on international law human rights, refugee law and criminal justice. He has taught numerous courses and spoken at conferences on the problems of international criminal law, comparative criminal law and human rights. Guariglia has published extensively in the field.
- Life of Apollonius of Tyana, Vol. 1: Books 1-4 (Loeb Classical Library, No. 16);
- Other Subject Areas;
- Introduction to real analysis;
- Fatal Affair (Fatal Series, Book 1).
- Quantum Optics: Including Noise Reduction, Trapped Ions, Quantum Trajectories, and Decoherence;
- The deerslayer or, The first war-path.
His background is in philosophy and linguistics. He is a renowned expert in computational linguistics and has become known for collaborating to the development of a number of famous online search platforms since AltaVista, Fast Search and Transfer now purchased by Microsoft , RealNames, JobaNova, Exorbyte, All The Web, etc. His research interests include all areas of text processing and in particular the transformation of textual corpora in lexical and grammatical representations that is, computationally deployable electronic dictionaries and local grammars.
Related The Criminal Law of Genocide (International and Comparative Criminal Justice)
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