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Introduction to International Criminal Law and Procedure 3rd Revised edition [Hardback]

4.32/5 (44 ratings by Goodreads)
(Queen's University, Ontario), (University College London), (University College London), (University of Birmingham)
  • Formāts: Hardback, 706 pages, height x width x depth: 252x177x35 mm, weight: 1480 g
  • Izdošanas datums: 12-Jun-2014
  • Izdevniecība: Cambridge University Press
  • ISBN-10: 1107065909
  • ISBN-13: 9781107065901
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  • Formāts: Hardback, 706 pages, height x width x depth: 252x177x35 mm, weight: 1480 g
  • Izdošanas datums: 12-Jun-2014
  • Izdevniecība: Cambridge University Press
  • ISBN-10: 1107065909
  • ISBN-13: 9781107065901
Citas grāmatas par šo tēmu:
"International criminal law International law typically governs the rights and responsibilities of States;1 criminal law, conversely, is paradigmatically concerned with prohibitions addressed to individuals, violations of which are subject to penal sanction by a State.2 The development of a body of international criminal law which imposes responsibilities directly on individuals and punishes violations through international mechanisms is relatively recent. Although there are historical precursors and precedents of and in international criminal law,3 it was not until the 1990s, with the establishment of the ad hoc Tribunals for the former Yugoslavia and for Rwanda, that it could be said that an international criminal law regime had evolved. This is a relatively new body of law which is not yet uniform, nor are its courts universal. International criminal law developed from various sources. War crimes originate from the ?laws and customs of war , which accord certain protections to individuals in armed conflicts. Genocide and crimes against humanity evolved to protect persons from what are now termed gross human rights abuses, including those committed by their own governments. With the probable exception of the crime of aggression with its focus on inter-State conflict, the concern of international criminal law is now with individuals and with their protection from wide-scale atrocities. As was said by the Appeal Chamber in the Tadi? case in the International Criminal Tribunal for the former Yugoslavia (ICTY): A State-sovereignty-oriented approach has been gradually supplanted by a human-being-oriented approach ? [ I]nternational law, while of course duly safeguarding the legitimate interests of States, must gradually turn to the protection of human beings"--

Recenzijas

'This is a comprehensive, yet accessible text. It is widely acclaimed among teachers and researchers of international criminal law, and easily surpasses the competition This new edition has the authors hallmark quality and rigour.' Jonathan Doak, Durham University 'The authors make their work accessible, erudite, and admirably concise.' Suzannah Linton, Bangor University 'International criminal law seems to be both increasingly established and precarious, celebrated and critiqued. For a discipline in expansion, contention and crisis, it is a major achievement to have produced such a balanced and solid guide. Cryer, Friman, Robinson and Wilmshurst present an excellent combination of width and depth, of detail and clarity, and of analysis and critique. These qualities make this textbook ideal for both undergraduate and postgraduate students, but also a very satisfying port of call for academics seeking a detailed and thoughtful introduction to international criminal law and procedure.' Ioannis Kalpouzos, City University London 'Through detailed, systematic and insightful analysis, the book provides readers with information, knowledge, and explanation of international criminal law and practice, making it the best book for purposes of instruction.' Nicholas Tsagourias, University of Sheffield 'The third edition offers a fully comprehensive, balanced and enriching coverage of ICL, an area that has by now become well-established in international law. The book's structure superbly captures the contemporary spirit of ICL as it analyses domestic prosecutions with priority. The book moves beyond narrow or idealistic conceptions of ICL. The inclusion of practical matters such as extradition, mutual legal assistance and other forms of state cooperation reflects a reality-based and pragmatic approach that may be lacking in other, more aspirational treatises of the field. As ICL has matured, its philosophical and theoretical underpinnings have become better articulated and the book's analyses thereof is a great asset. The analysis of all the core ICL themes is accessible and yet thorough and thought-provoking. This book is beyond competition. It is outstanding and without any doubt one of the best in the field.' Larissa van den Herik, Leiden University 'This is a very comprehensive textbook on international criminal law, offering a panoramic and multifaceted coverage of the recent evolution, but also historical and systemic roots and dimensions of international criminal justice. It keeps a great balance between international and criminal law written in an engaging manner that makes it an invaluable resource for everyone wishing to develop a broad understanding and knowledge of international criminal law.' Vassilis P. Tzevelekos, University of Hull 'International criminal law is about rules, practices and context. All three have evolved dramatically in the past four years. The ICC has produced a new definition of Aggression, issued its first judgments and international justice has now become a permanent feature of any conversation on peace and security, as in Ukraine or Syria. This new edition of [ An] Introduction to International Criminal Law and Procedure, which takes into account these evolving legal and political landscapes is therefore more than welcome. It continues to strike the perfect balance between introducing key concepts and questioning the role and place of ICL in today's world, both as a philosophical project and as a reality and remains a necessary introductory tool for students and practitioners alike.' Dov Jacobs, Leiden University

Papildus informācija

This new edition of market-leading textbook contains both updated and new material to give the most current coverage of the subject.
Preface to the Third Edition xi
Table of International Cases
xiii
Table of National Cases
xlviii
Table of Treaties and Other International Instruments
liv
List of Abbreviations
lxxxiii
List of Abbreviations of Book Titles
lxxxvi
Part A Introduction
1(46)
1 Introduction: What Is International Criminal Law?
3(25)
1.1 International criminal law
3(2)
1.2 Other concepts of international criminal law
5(3)
1.3 Sources of international criminal law
8(5)
1.4 International criminal law and other areas of law
13(4)
1.5 A body of criminal law
17(4)
1.6 International criminal law and philosophy
21(7)
Further reading
26(2)
2 The Aims, Objectives and Justifications of International Criminal Law
28(19)
2.1 Introduction
28(1)
2.2 What international criminal justice is for
29(8)
2.3 Broader goals
37(5)
2.4 Other critiques of criminal accountability
42(5)
Further reading
45(2)
Part B Prosecutions in National Courts
47(66)
3 Jurisdiction
49(21)
3.1 Introduction
49(1)
3.2 The forms of jurisdiction
49(2)
3.3 Conceptual matters
51(1)
3.4 The `traditional' heads of jurisdiction
52(4)
3.5 Universal jurisdiction
56(14)
Further reading
68(2)
4 National Prosecutions of International Crimes
70(20)
4.1 Introduction
70(1)
4.2 National prosecutions
70(4)
4.3 State obligations to prosecute or extradite
74(5)
4.4 Domestic criminal law and criminal jurisdiction
79(4)
4.5 Statutory limitations
83(1)
4.6 The non-retroactivity principle
84(1)
4.7 Ne bis in idem or double jeopardy
85(3)
4.8 Practical obstacles to national prosecutions
88(2)
Further reading
89(1)
5 State Cooperation with Respect to National Proceedings
90(23)
5.1 Introduction
90(1)
5.2 International agreements
91(1)
5.3 Some basic features
92(6)
5.4 Extradition
98(9)
5.5 Mutual legal assistance
107(3)
5.6 Transfer of proceedings
110(1)
5.7 Enforcement of penalties
110(3)
Further reading
111(2)
Part C International Prosecution
113(90)
6 The History of International Criminal Prosecutions: Nuremberg and Tokyo
115(12)
6.1 Introduction
115(1)
6.2 The commission on the responsibility of the authors of the war
115(1)
6.3 The Nuremberg International Military Tribunal
116(4)
6.4 The Tokyo International Military Tribunal
120(4)
6.5 Control Council Law No. 10 trials and military commissions in the Pacific sphere
124(3)
Further reading
125(2)
7 The Ad Hoc International Criminal Tribunals
127(19)
7.1 Introduction
127(1)
7.2 The International Criminal Tribunal for Yugoslavia
127(12)
7.3 The International Criminal Tribunal for Rwanda
139(7)
Further reading
144(2)
8 The International Criminal Court
146(35)
8.1 Introduction
146(1)
8.2 The creation of the ICC
146(4)
8.3 Structure and composition of the ICC
150(1)
8.4 Crimes within the jurisdiction of the ICC
151(2)
8.5 Applicable law
153(1)
8.6 Complementarity and other grounds of inadmissibility
154(9)
8.7 Initiation of proceedings (the `trigger mechanisms')
163(3)
8.8 Jurisdiction: personal, territorial and temporal
166(4)
8.9 Deferral of investigation or prosecution: Article 16
170(1)
8.10 Enforcement of the Icc's decisions
170(2)
8.11 Opposition to the ICC
172(5)
8.12 Appraisal
177(4)
Further reading
179(2)
9 Other Courts with International Elements
181(22)
9.1 Introduction
181(1)
9.2 Courts established by agreement between the United Nations or the African Union and a State
182(9)
9.3 Courts established by the United Nations or other international administration
191(4)
9.4 Courts established by a State with international support
195(3)
9.5 Lockerbie: an ad hoc solution for a particular incident
198(1)
9.6 Relationship with the ICC
198(1)
9.7 An appraisal
199(4)
Further reading
201(2)
Part D Substantive Law of International Crimes
203(218)
10 Genocide
205(24)
10.1 Introduction
205(5)
10.2 The protected groups
210(4)
10.3 Material elements
214(6)
10.4 Mental elements
220(7)
10.5 Other modes of participation
227(2)
Further reading
228(1)
11 Crimes against Humanity
229(35)
11.1 Introduction
229(4)
11.2 Common elements (the contextual threshold)
233(11)
11.3 Prohibited acts
244(20)
Further reading
262(2)
12 War Crimes
264(43)
12.1 Introduction
264(11)
12.2 Common issues
275(10)
12.3 Specific offences
285(22)
Further reading
305(2)
13 Aggression
307(22)
13.1 Introduction
307(6)
13.2 Material elements
313(9)
13.3 Mental elements
322(1)
13.4 Prosecution of aggression in the ICC
322(7)
Further reading
328(1)
14 Transnational Crimes, Terrorism and Torture
329(24)
14.1 Introduction
329(2)
14.2 Terrorism
331(15)
14.3 Torture
346(7)
Further reading
351(2)
15 General Principles of Liability
353(45)
15.1 Introduction
353(1)
15.2 Perpetration/commission
354(16)
15.3 Aiding and abetting
370(5)
15.4 Ordering, instigating, soliciting, inducing and inciting
375(4)
15.5 Planning, preparation, attempt and conspiracy
379(2)
15.6 Mental elements
381(3)
15.7 Command/superior responsibility
384(14)
Further reading
396(2)
16 Defences/Grounds for Excluding Criminal Responsibility
398(23)
16.1 Introduction
398(1)
16.2 The ICC Statute and defences
399(2)
16.3 Mental incapacity
401(1)
16.4 Intoxication
402(2)
16.5 Self-defence, defence of others and of property
404(2)
16.6 Duress and necessity
406(3)
16.7 Mistake of fact and law
409(2)
16.8 Superior orders
411(4)
16.9 Other `defences'
415(6)
Further reading
418(3)
Part E Principles and Procedures of International Prosecutions
421(94)
17 Procedures of International Criminal Investigations and Prosecutions
423(59)
17.1 International criminal procedures
423(6)
17.2 Actors in the proceedings and their roles
429(6)
17.3 International criminal procedures and human rights
435(7)
17.4 Jurisdiction and admissibility procedures
442(3)
17.5 Commencement and discontinuance of a criminal investigation
445(2)
17.6 The criminal investigation
447(3)
17.7 Coercive measures
450(6)
17.8 Prosecution and indictment
456(6)
17.9 Pre-trial proceedings: preparations for trial
462(5)
17.10 Evidentiary rules
467(3)
17.11 Admission of guilt, guilty pleas and plea bargaining
470(2)
17.12 Trial and judgment
472(2)
17.13 Appeals proceedings
474(3)
17.14 Revision
477(1)
17.15 Offences against the administration of justice
478(1)
17.16 Some concluding observations
478(4)
Further reading
480(2)
18 Victims in the International Criminal Process
482(18)
18.1 Introduction
482(3)
18.2 Definition of victims
485(1)
18.3 Protection of victims and witnesses
485(3)
18.4 Victim participation in ICC criminal proceedings
488(6)
18.5 Reparations to victims
494(3)
18.6 An assessment
497(3)
Further reading
498(2)
19 Sentencing and Penalties
500(15)
19.1 International punishment of crimes
500(2)
19.2 Purposes of sentencing
502(2)
19.3 Sentencing practice
504(5)
19.4 Sentencing procedures
509(1)
19.5 Pardon, early release and review of sentence
510(1)
19.6 Enforcement
511(4)
Further reading
512(3)
Part F Relationship between National and International Systems
515(81)
20 State Cooperation with the International Courts and Tribunals
517(23)
20.1 Characteristics of the cooperation regimes
517(1)
20.2 Obligation to cooperate
518(5)
20.3 Non-States Parties and international organizations
523(3)
20.4 Authority to seek cooperation and defence rights
526(1)
20.5 Arrest and surrender
527(2)
20.6 Other forms of legal assistance
529(4)
20.7 Domestic implementation
533(2)
20.8 Non-compliance
535(1)
20.9 Cooperation and the ICC complementarity principle
536(1)
20.10 An assessment
537(3)
Further reading
539(1)
21 Immunities
540(27)
21.1 Introduction
540(6)
21.2 Functional immunity and national courts
546(6)
21.3 Functional immunity and international courts
552(1)
21.4 Personal immunity and national courts
552(4)
21.5 Personal immunity and international courts
556(8)
21.6 Conclusion
564(3)
Further reading
565(2)
22 Alternatives and Complements to Criminal Prosecution
567(17)
22.1 Introduction
567(2)
22.2 Amnesties
569(7)
22.3 Truth commissions
576(4)
22.4 Lustration
580(1)
22.5 Reparations and civil claims
581(1)
22.6 Local justice mechanisms
582(2)
Further reading
583(1)
23 The Future of International Criminal Law
584(12)
23.1 Introduction
584(1)
23.2 International courts and tribunals
584(3)
23.3 National prosecutions of international crimes
587(1)
23.4 Engraining a commitment to accountability
588(2)
23.5 The development of substantive international criminal law
590(2)
23.6 The path forward (or back?)
592(4)
Index 596
Robert Cryer is Professor of International and Criminal Law at the University of Birmingham. Håkan Friman is Deputy Director-General at the Swedish Ministry of Justice and a former Associate Judge of Appeals in Sweden and Visiting Professor at University College London. Darryl Robinson is Professor of Law at Queen's University, Kingston, Canada. Elizabeth Wilmshurst is Associate Fellow in International Law at Chatham House and a former Visiting Professor at University College London.