A Theory of Punishable Participation in Universal Crimes
A Theory of Punishable Participation in Universal Crimes

Author: Terje Einarsen

Publisher: Torkel Opsahl Academic EPublisher

Published: 2018-12-07

Total Pages: 756

ISBN-13: 8283481282

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This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.

Serious International Crimes, Human Rights, and Forced Migration
Serious International Crimes, Human Rights, and Forced Migration

Author: James C. Simeon

Publisher: Routledge

Published: 2022-02-10

Total Pages: 481

ISBN-13: 1000539369

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This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.

Terrorism and Asylum
Terrorism and Asylum

Author: James C. Simeon

Publisher: BRILL

Published: 2020-09-25

Total Pages: 442

ISBN-13: 9004295992

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Terrorism and Asylum, edited by James C. Simeon, thoroughly analyses terrorism’s use in forced displacement, to limit access to asylum, and to exclude persons from refugee protection, while offering practical alternative solutions for advancing human rights and dignity for everyone.

The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol 2e
The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol 2e

Author: Andreas Zimmermann

Publisher: Oxford University Press

Published: 2024-04-04

Total Pages: 2033

ISBN-13: 0192855115

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The 1951 Refugee Convention and its 1967 Protocol are the cornerstones of international refugee law. This Commentary provides a systematic, article-by-article analysis of their provisions in addition to crosscutting thematic chapters. The Commentary is an indispensable tool for lawyers, decision-makers, and academics.

Punishment and Citizenship
Punishment and Citizenship

Author: Milena Tripkovic

Publisher:

Published: 2019

Total Pages: 193

ISBN-13: 0190848626

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Criminal disenfranchisement-the practice of restricting electoral rights following criminal conviction-is the only surviving electoral restriction of adult, mentally competent citizens in contemporary democracies. Despite the strong devotion to the principle of universal suffrage, criminal offenders are still routinely deprived of active and passive franchise, while the justifications for such limitations remain elusive and incoherent. In Punishment and Citizenship, Milena Tripkovic develops an empirical and normative account of criminal disenfranchisement. Starting from historical precedents of such restrictions and examining the current policies of a number of European countries, Tripkovic argues that while criminal disenfranchisement is considered a form of punishment, it should instead be viewed as a citizenship sanction imposed when a citizen fails to perform their role as a member of a political community. In order to determine the justifications of disenfranchisement, Tripkovic explores various citizenship ideals and examines whether criminal offenders comply with the expectations that are posed before them. After developing a theoretical framework of citizenship duties, Tripkovic concludes that very few criminal offenders fail to satisfy fundamental citizenship conditions and exhaustive voting restrictions cannot ultimately be justified. A comprehensive assessment of criminal disenfranchisement, Punishment and Citizenship offers concrete policy suggestions to determine the limited circumstances under which electoral rights could justifiably be withheld from criminal offenders.

Precursor Crimes of Terrorism
Precursor Crimes of Terrorism

Author: Walker, Clive

Publisher: Edward Elgar Publishing

Published: 2022-01-18

Total Pages: 368

ISBN-13: 1788976320

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This illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these expanding offences in different jurisdictions. In response to new modes and sources of terrorism, attempts to pre-empt potential attacks through precursor offences have emerged. This book examines not only the meanings and effectiveness of this approach, but also the challenges posed to human rights and social and economic development.

Research Handbook on Child Soldiers
Research Handbook on Child Soldiers

Author: Mark A. Drumbl

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 563

ISBN-13: 1788114485

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Child soldiers remain poorly understood and inadequately protected, despite significant media attention and many policy initiatives. This Research Handbook aims to redress this troubling gap. It offers a reflective, fresh and nuanced review of the complex issue of child soldiering. The Handbook brings together scholars from six continents, diverse experiences, and a broad range of disciplines. Along the way, it unpacks the life-cycle of youth and militarization: from recruitment to demobilization to return to civilian life. The overarching aim of the Handbook is to render the invisible visible – the contributions map the unmapped and chart new directions. Challenging prevailing assumptions and conceptions, the Research Handbook on Child Soldiers focuses on adversity but also capacity: emphasising the resilience, humanity, and potentiality of children affected (rather than ‘afflicted’) by armed conflict.

Jurisdiction in International Law
Jurisdiction in International Law

Author: Cedric Ryngaert

Publisher:

Published: 2015

Total Pages: 273

ISBN-13: 0199688516

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This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

The Encyclopedia of Crime and Punishment
The Encyclopedia of Crime and Punishment

Author: Wesley G. Jennings

Publisher: John Wiley & Sons

Published: 2016-01-19

Total Pages: 1452

ISBN-13: 111851971X

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The Encyclopedia of Crime and Punishment provides the most comprehensive reference for a vast number of topics relevant to crime and punishment with a unique focus on the multi/interdisciplinary and international aspects of these topics and historical perspectives on crime and punishment around the world. Named as one of Choice's Outstanding Academic Titles of 2016 Comprising nearly 300 entries, this invaluable reference resource serves as the most up-to-date and wide-ranging resource on crime and punishment Offers a global perspective from an international team of leading scholars, including coverage of the strong and rapidly growing body of work on criminology in Europe, Asia, and other areas Acknowledges the overlap of criminology and criminal justice with a number of disciplines such as sociology, psychology, epidemiology, history, economics, and public health, and law Entry topics are organized around 12 core substantive areas: international aspects, multi/interdisciplinary aspects, crime types, corrections, policing, law and justice, research methods, criminological theory, correlates of crime, organizations and institutions (U.S.), victimology, and special populations Organized, authored and Edited by leading scholars, all of whom come to the project with exemplary track records and international standing 3 Volumes www.crimeandpunishmentencyclopedia.com