Meaning Making in International Criminal Law
Meaning Making in International Criminal Law

Author: Ciara Laverty

Publisher: BRILL

Published: 2024-05-30

Total Pages: 412

ISBN-13: 900468784X

DOWNLOAD EBOOK

This book explores the normative dimensions of the acts that constitute international crimes. The book conceptualises the normative dimensions of these acts as processes of construction and meaning making. Developing a novel methodological approach, it identifies the narratives and discourses that emerge in practice as central for understanding the normative meanings of these acts. Using the crimes of attacks on cultural property, pillage, sexual violence and reproductive violence as case studies, the book offers a historical, conceptual, and discursive analysis of these crimes to develop a dynamic, pluralist and socially constructed account of wrong in international criminal law.

International Criminal Justice
International Criminal Justice

Author: Professor Roberto Bellelli

Publisher: Ashgate Publishing, Ltd.

Published: 2013-02-28

Total Pages: 881

ISBN-13: 1409497119

DOWNLOAD EBOOK

This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice by using case studies to provide advice for possible future developments in international criminal procedure and law.

Justice as Message
Justice as Message

Author: Carsten Stahn

Publisher:

Published: 2020

Total Pages: 481

ISBN-13: 0198864183

DOWNLOAD EBOOK

This work is the first to examine the expressive and communicative functions of law in a comprehensive way in the field of atrocity crime. It shows that expression and communication are not only inherent parts of the punitive functions of international criminal justice, but are represented in a whole spectrum of practices.

The Concept of Race in International Criminal Law
The Concept of Race in International Criminal Law

Author: CAROLA. LINGAAS

Publisher: Routledge

Published: 2021-06-30

Total Pages: 292

ISBN-13: 9781032089140

DOWNLOAD EBOOK

Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race - and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims' ostensible racial otherness. The perpetrator's imagination as manifested through his behaviour defines the victims' racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law.

The Right to Be Present at Trial in International Criminal Law
The Right to Be Present at Trial in International Criminal Law

Author: Caleb H. Wheeler

Publisher: BRILL

Published: 2018-10-08

Total Pages: 333

ISBN-13: 9004376860

DOWNLOAD EBOOK

In 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.

The International Criminal Court and Complementarity
The International Criminal Court and Complementarity

Author: Carsten Stahn

Publisher: Cambridge University Press

Published: 2011-10-06

Total Pages: 1293

ISBN-13: 1316139506

DOWNLOAD EBOOK

This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.

The Concept of Genocide in International Criminal Law
The Concept of Genocide in International Criminal Law

Author: Marco Odello

Publisher: Routledge

Published: 2020-07-14

Total Pages: 251

ISBN-13: 1000076725

DOWNLOAD EBOOK

This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe, and it was then incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts, and see whether the definition in the 1948 convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments. As a valuable contribution to the debate on the significance, meaning and application of the crime of genocide the book will be essential reading for students and academics working in the areas of Legal History, International Criminal Law, Human Rights, and Genocide Studies. Chapter 12 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781003015222

Affective Justice
Affective Justice

Author: Kamari Maxine Clarke

Publisher: Duke University Press

Published: 2019-11-15

Total Pages: 220

ISBN-13: 1478007389

DOWNLOAD EBOOK

Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

Complementarity, Catalysts, Compliance
Complementarity, Catalysts, Compliance

Author: Christian M. De Vos

Publisher: Cambridge University Press

Published: 2020-04-23

Total Pages: 389

ISBN-13: 1108472486

DOWNLOAD EBOOK

Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.