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Author: Amal Clooney
Publisher: Oxford University Press, USA
Published: 2021-02-11
Total Pages: 1057
ISBN-13: 0198808399
DOWNLOAD EBOOKThis book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Author: Matthijs de Blois
Publisher: Createspace Independent Publishing Platform
Published: 2018-06
Total Pages: 0
ISBN-13: 9781727518368
DOWNLOAD EBOOKIn 2018, the State of Israel turned 70, but it has never been fully accepted as a member of the international community. Notwithstanding peace agreements with Egypt and Jordan, conflict between Israel and some of its neighbors in the region is looming. And peace between Israel and the Palestinians seems as far away as ever. Why?Since the 1970's, the idea has developed that international law requires resolution of the Arab/Israeli conflict by creating a State of Palestine with East Jerusalem as its capital, and borders based on the "1967 lines" - the so-called "two-state solution". Israeli settlements are regarded by many as illegal and an impediment to this solution.This book reviews international law regarding self-determination, statehood, territorial sovereignty, human rights and the right to self-defense. It argues that the two-state solution as defined by the UN is not required by international law.The authors examine how international law has been used and misused over the last century with regard to the Arab/Israeli conflict. They argue that the historical context of the creation of the State of Israel, especially the Mandate for Palestine, is too often ignored.The Arab states, the Palestinian leadership and the European Union have all played a role in enabling the UN to become a platform for lawfare against Israel: policies and resolutions that use the language of international law but, in fact, undermine the existence of the Jewish State and have disputable basis in international law. Lawfare is problematic because it undermines the international legal order itself.It is time to revisit the prevailing legal paradigm to resolve the conflict. This book aims to provide a legal framework for the exploration of alternative policy solutions that balance the rights of the Jewish State of Israel to territorial integrity, security and political independence with the rights of Palestinian Arabs to political autonomy, and economic and social advancement.
Author: Caleb H. Wheeler
Publisher: BRILL
Published: 2018-10-08
Total Pages: 333
ISBN-13: 9004376860
DOWNLOAD EBOOKIn The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused’s presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.
Author: William Schabas
Publisher:
Published: 2018
Total Pages: 441
ISBN-13: 0198833857
DOWNLOAD EBOOKFrom renowned scholar William A. Schabas, this title sheds light on perhaps the most important international trial that never was: that of Kaiser Wilhelm II following the First World War. Schabas draws on numerous primary sources hitherto unexamined in published work, to craft a history of the very beginnings of international criminal justice.
Author: Tim Allen
Publisher: Zed Books Ltd.
Published: 2013-04-04
Total Pages: 212
ISBN-13: 1848137931
DOWNLOAD EBOOKThe International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.
Author: Amal Clooney
Publisher:
Published: 2020
Total Pages: 931
ISBN-13: 9780191846113
DOWNLOAD EBOOK"The Right to a Fair Trial in International Law" brings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges in court face. Each of the book's fifteen chapters deal with one component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides a valuable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.
Author: Philippe Sands
Publisher: Cambridge University Press
Published: 2003-03-06
Total Pages: 210
ISBN-13: 9780521536769
DOWNLOAD EBOOKThis 2003 collection of essays is based on five lectures organized jointly by Matrix Chambers of human rights lawyers and the Wiener Library between April and June 2002. Presented by leading experts in the field, this fascinating collection of papers examines the evolution of international criminal justice from its post World War II origins at Nuremberg through to the concrete proliferation of courts and tribunals with international criminal law jurisdictions based at The Hague today. Original and provocative, the lectures provide various stimulating perspectives on the subject of international criminal law. Topics include its corporate and historical dimension as well as a discussion of the International Criminal Court Statute and the role of the national courts. The volume offers a challenging insight into the future of international criminal legal system. This is an intelligent and thought-provoking book, accessible to anyone interested in international criminal law, from specialists to non-specialists alike.
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.
Author: Anne Orford
Publisher: Cambridge University Press
Published: 2021-08-05
Total Pages: 395
ISBN-13: 1108480942
DOWNLOAD EBOOKExplores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
Author: George Ginsburgs
Publisher: Martinus Nijhoff Publishers
Published: 1990-09-26
Total Pages: 314
ISBN-13: 9780792307983
DOWNLOAD EBOOKThe stationing of foreign armed forces abroad in peacetime has been a constant & distinctive feature of the post-1945 bipolar world. This book is the first systematic study of the subject to look beyond the areas of criminal & civil jurisdiction to broader issues of international law arising out of the establishment & use of foreign military installations in time of peace. Implementation of basing agreements between states sending & states hosting foreign armed forces has resulted in a large body of state practice that includes such major international incidents as the U.S. air raid on Libya in 1986 & the U.S. intervention in Panama in 1989. This book assesses the future of foreign military installations against the background of the end of the Cold War, the unification of Germany, the dissolution of the Warsaw Pact, & the emerging European security order.
