The Principle of Legality in International and Comparative Criminal Law

The Principle of Legality in International and Comparative Criminal Law
Title The Principle of Legality in International and Comparative Criminal Law PDF eBook
Author Kenneth S. Gallant
Publisher Cambridge University Press
Pages 0
Release 2010-12-23
Genre Political Science
ISBN 9780521187602

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This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.

Complicity in International Criminal Law

Complicity in International Criminal Law
Title Complicity in International Criminal Law PDF eBook
Author Marina Aksenova
Publisher Bloomsbury Publishing
Pages 310
Release 2016-12-15
Genre Law
ISBN 1509900098

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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!

Principles of International Criminal Law

Principles of International Criminal Law
Title Principles of International Criminal Law PDF eBook
Author Gerhard Werle
Publisher Oxford University Press
Pages 711
Release 2014
Genre Law
ISBN 0198703597

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Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.

Principles of Islamic International Criminal Law

Principles of Islamic International Criminal Law
Title Principles of Islamic International Criminal Law PDF eBook
Author Farhad Malekian
Publisher BRILL
Pages 477
Release 2011-06-22
Genre Law
ISBN 9004203966

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The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

The Principle of Legality in European Criminal Law

The Principle of Legality in European Criminal Law
Title The Principle of Legality in European Criminal Law PDF eBook
Author Christina Peristeridou
Publisher
Pages 0
Release 2015
Genre Criminal law
ISBN 9781780683577

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This book develops a theory for the principle of legality in European criminal law. Its focus is on the legitimising and normative functions of this principle.

From the Judge's Arbitrium to the Legality Principle

From the Judge's Arbitrium to the Legality Principle
Title From the Judge's Arbitrium to the Legality Principle PDF eBook
Author Georges Martyn
Publisher
Pages 406
Release 2013
Genre Criminal law
ISBN 9783428140183

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Atrocity, Punishment, and International Law

Atrocity, Punishment, and International Law
Title Atrocity, Punishment, and International Law PDF eBook
Author Mark A. Drumbl
Publisher Cambridge University Press
Pages 211
Release 2007-04-30
Genre Law
ISBN 1139464566

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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.