Amnesty for Crime in International Law and Practice
Author: Andreas O'Shea
Publisher: Springer
Published: 2002-02-13
Total Pages: 0
ISBN-13: 9789041117595
DOWNLOAD EBOOKThe determination of the
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Author: Andreas O'Shea
Publisher: Springer
Published: 2002-02-13
Total Pages: 0
ISBN-13: 9789041117595
DOWNLOAD EBOOKThe determination of the
Author: Josepha Close
Publisher: Routledge
Published: 2019-05-16
Total Pages: 274
ISBN-13: 1351180215
DOWNLOAD EBOOKAmnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.
Author: Andreas O'Shea
Publisher: BRILL
Published: 2002-02-01
Total Pages: 410
ISBN-13: 9047403088
DOWNLOAD EBOOKThis book contains a comprehensive and well-researched study of the relationship between municipal amnesty laws and developing principles of international criminal law. It pursues a path towards defining criteria for reconciling these two delicate fields of transitional justice. It concludes with a concrete proposal for the international community of states.
Author: Gerhard Werle
Publisher: Springer
Published: 2016-11-29
Total Pages: 349
ISBN-13: 9462651507
DOWNLOAD EBOOKThis book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Author: Charles Jalloh
Publisher: Cambridge University Press
Published: 2020-07-16
Total Pages: 423
ISBN-13: 1107178312
DOWNLOAD EBOOKExplores how the first treaty-based UN international tribunal's judges innovatively applied the law to perpetrators of international crimes in one of the worst conflicts in recent history.
Author: Faustin Ntoubandi
Publisher: BRILL
Published: 2007-11-30
Total Pages: 266
ISBN-13: 9047422309
DOWNLOAD EBOOKMuch of the recent scholarly writings and debates on amnesty have revolved around its lawfulness, when granted in respect of the most serious crimes under international law committed in the context of civil armed conflicts. The inconclusiveness of international law on this issue - with positive international law and opinio juris calling for criminal prosecution, and State's practice favouring practical political solutions - does nothing more than deepen the confusion already affecting the international legality of national amnesties. Building on emerging trends in State's practice, this book attempts to clarify the question of the legality of national amnesties for crimes against humanity by suggesting a compromised legal framework within which amnesty and accountability can both be accommodated.
Author: Karen Engle
Publisher: Cambridge University Press
Published: 2016-12-15
Total Pages: 401
ISBN-13: 110707987X
DOWNLOAD EBOOKThis volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
Author: André Nollkaemper
Publisher:
Published: 2018
Total Pages: 769
ISBN-13: 0198739745
DOWNLOAD EBOOKThe Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author: Faustin Z. Ntoubandi
Publisher: Martinus Nijhoff Publishers
Published: 2007
Total Pages: 267
ISBN-13: 9004162313
DOWNLOAD EBOOKDrawing on crystallizing trends in State's practice in respect of amnesty, this book provides a comprehensive legal framework within which grants of amnesty can be reconciled with the duty to prosecute core crimes under international law.
Author: Charles Chernor Jalloh
Publisher: Cambridge University Press
Published: 2013-12-16
Total Pages: 823
ISBN-13: 1107470617
DOWNLOAD EBOOKThe Special Court for Sierra Leone (SCSL) is the third modern international criminal tribunal supported by the United Nations and the first to be situated where the crimes were committed. This timely, important and comprehensive book is the first to critically assess the impact and legacy of the SCSL for Africa and international criminal law. Contributors include leading scholars and respected practitioners with inside knowledge of the tribunal, who analyze cutting-edge and controversial issues with significant implications for international criminal law and transitional justice. These include joint criminal enterprise; forced marriage; enlisting and using child soldiers; attacks against United Nations peacekeepers; the tension between truth commissions and criminal trials in the first country to simultaneously have the two; and the questions of whether it is permissible under international law for states to unilaterally confer blanket amnesties to local perpetrators of universally condemned international crimes.