Conspiracy to Commit Genocide and Its Exclusion from the ICC Statute
Author: SONG Tianying
Publisher: Torkel Opsahl Academic EPublisher
Published: 2014-06-09
Total Pages: 4
ISBN-13: 8293081902
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Conspiracy to Commit Genocide and Its Exclusion from the ICC Statute
Author: Song (Tianying.)
Publisher:
Published: 2014
Total Pages: 3
ISBN-13:
DOWNLOAD EBOOKThe Crime of Conspiracy in International Criminal Law
Author: Juliet R. Amenge Okoth
Publisher: Springer
Published: 2014-05-13
Total Pages: 224
ISBN-13: 9462650179
DOWNLOAD EBOOKThis book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute’s purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems.
Modes of Liability in International Criminal Law
Author: Jérôme de Hemptinne
Publisher: Cambridge University Press
Published: 2019-07-11
Total Pages: 0
ISBN-13: 9781108492171
DOWNLOAD EBOOKPresently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
The Crime of Genocide in International Law
Author: George William Mugwanya
Publisher: Cameron May, Limited
Published: 2007
Total Pages: 376
ISBN-13:
DOWNLOAD EBOOKThe Crime of Genocide in International Law offers a comprehensive evaluation of the contribution of the UN International Criminal Tribunal for Rwanda to the development of the crime of genocide. The author's analysis of ICTR jurisprudence and other relevant sources, reveal the pioneering role of the Court in establishing the contours of the crime.
The UN Genocide Convention
Author: Paola Gaeta
Publisher:
Published: 2009
Total Pages: 616
ISBN-13: 0199570213
DOWNLOAD EBOOKThe Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity. The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalize and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyzes and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux preparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future. "
Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes
Author: Laura Ausserladscheider Jonas
Publisher: BRILL
Published: 2021-12-28
Total Pages: 256
ISBN-13: 900447093X
DOWNLOAD EBOOKAnchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Organized Crime and International Criminal Law
Author: Kathrin Strobel
Publisher: BRILL
Published: 2021-08-09
Total Pages: 302
ISBN-13: 9004462589
DOWNLOAD EBOOKThis book presents the first comprehensive study of international criminal jurisdiction over organized crime and demonstrates the potential of international law to bring leaders of cartels and trafficking rings to justice.
The UN Genocide Convention
Author: Paola Gaeta
Publisher: Oxford University Press, USA
Published: 2009
Total Pages: 580
ISBN-13: 0199570213
DOWNLOAD EBOOKThe Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity. The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalize and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyzes and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux preparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future.
Incitement on Trial
Author: Richard Ashby Wilson
Publisher: Cambridge University Press
Published: 2017-08-18
Total Pages: 377
ISBN-13: 110710310X
DOWNLOAD EBOOKThis book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.
