The Ashgate Research Companion to International Criminal Law

The Ashgate Research Companion to International Criminal Law
Author: Yvonne McDermott
Publisher: Routledge
Total Pages: 553
Release: 2016-03-23
Genre: Law
ISBN: 1317043146
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International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.

The Ashgate Research Companion to International Criminal Law

The Ashgate Research Companion to International Criminal Law
Author: Lecturer in Law Yvonne McDermott
Publisher: Routledge
Total Pages: 554
Release: 2019-06-17
Genre:
ISBN: 9780367191917
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This book provides a timely critical overview of both the health and trajectory of international criminal law's continuing evolution. It represents a modest collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.

The Oxford Companion to International Criminal Justice

The Oxford Companion to International Criminal Justice
Author:
Publisher: OUP Oxford
Total Pages: 1093
Release: 2009-01-22
Genre: Law
ISBN: 0191553441
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The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.

The Ashgate Research Companion to Islamic Law

The Ashgate Research Companion to Islamic Law
Author: Peri Bearman
Publisher: Routledge
Total Pages: 356
Release: 2016-03-16
Genre: Religion
ISBN: 1317043065
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This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

The Cambridge Companion to International Criminal Law

The Cambridge Companion to International Criminal Law
Author: William Schabas
Publisher: Cambridge University Press
Total Pages: 421
Release: 2016-01-07
Genre: Law
ISBN: 1107052335
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An authoritative introduction to international criminal law written by renowned international lawyers, judges, prosecutors, criminologists and historians.

Research Handbook on International Criminal Law

Research Handbook on International Criminal Law
Author: Bartram S. Brown
Publisher: Edward Elgar Publishing
Total Pages: 535
Release: 2011-01-01
Genre: Law
ISBN: 9780857933225
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'This timely, valuable and thought-provoking contribution to our understanding of the vibrant new subject that is international criminal law, is a great addition to the literature and to our understanding. Professor Bart Brown deserves real appreciation for bringing it together.' – Philippe Sands QC, University College London and Matrix Chambers, UK 'The Research Handbook is a comprehensive up-to-date guide to one of the youngest yet most dynamic areas of international law. It tackles the pertinent challenges and opportunities, starting with the classical issues like categories of international crimes and complementarity, going on to address the problems ahead including the Guantánamo regime, crimes against women and the status of private security contractors. The Handbook will be a valuable source for both general and advanced international criminal law research.' – James Crawford, Cambridge University, UK This carefully regarded and well-structured handbook covers the broad range of norms, practices, policies, processes and institutional mechanisms of international criminal law, exploring how they operate and continue to develop in a variety of contexts. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. The Research Handbook on International Criminal Law will appeal to practitioners who may want to defend, or prosecute, international criminal law cases, and academics researching and writing on international criminal law. Graduate students studying international criminal law, international human rights or international humanitarian law as well as those studying international justice, international politics, international organization or public policy analysis, will also find this book invaluable.

The Ashgate Research Companion to Non-State Actors

The Ashgate Research Companion to Non-State Actors
Author: Bob Reinalda
Publisher: Routledge
Total Pages: 579
Release: 2016-03-23
Genre: Political Science
ISBN: 1317042255
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How do non-state actors matter in international relations? This volume recognizes three types of non-state actor: non-governmental organizations (NGOs), intergovernmental organizations (IGOs) and transnational corporations. It illustrates how they play roles alongside nation-states and are interrelated in matters of international regulation and coordination. After an introductory part on current qualitative and quantitative sources, this comprehensive collection of state-of-the-art essays is comprised of four main thematic parts: Part II examines actors other than governments, such as transnational religious actors, business representatives and experts, and also parliamentarians and agencies set up by IGOs. Part III studies the perceptions and understandings in political philosophy, international law and international relations theory. It questions concepts used (civil society, NGO, governance) and covers the limitations to be kept in mind. Part IV analyses the nature and impact of non-state actors. Chapters discuss processes within international bureaucracies (diplomacy, dynamism, bureaucratic power, contribution to democracy) and the quintessence of deliberation and decision making within NGOs and IGOs and of implementation, accountability and dispute settlement. Part V studies specific worlds of non-state actors: humanitarian aid, human rights, security, the North-South divide, health, trade and environment. Accessible and articulately written, The Ashgate Research Companion to Non-State Actors is aimed at a wide readership of scholars and practitioners in international relations.

Fairness in International Criminal Trials

Fairness in International Criminal Trials
Author: Yvonne McDermott
Publisher: Oxford University Press
Total Pages: 235
Release: 2016-01-21
Genre: Law
ISBN: 0191060410
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With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right? Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are available for breaches of fair trial rights? Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems.

Judges and the Making of International Criminal Law

Judges and the Making of International Criminal Law
Author: Joseph Powderly
Publisher: BRILL
Total Pages: 680
Release: 2020-06-08
Genre: Law
ISBN: 9004368728
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In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.

The Ashgate Research Companion to Military Ethics

The Ashgate Research Companion to Military Ethics
Author: James Turner Johnson
Publisher: Routledge
Total Pages: 467
Release: 2016-03-23
Genre: Technology & Engineering
ISBN: 1317042611
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This Companion provides scholars and graduates, serving and retired military professionals, members of the diplomatic and policy communities concerned with security affairs and legal professionals who deal with military law and with international law on armed conflicts, with a comprehensive and authoritative state-of-the-art review of current research in the area of military ethics. Topics in this volume reflect both perennial and pressing contemporary issues in the ethics of the use of military force and are written by established professionals and respected commentators. Subjects are organized by three major perspectives on the use of military force: the decision whether to use military force in a given context, the matter of right conduct in the use of such force, and ethical responsibilities beyond the end of an armed conflict. Treatment of issues in each of these sections takes account of both present-day moral challenges and new approaches to these and the historical tradition of just war. Military ethics, as it has developed, has been a particularly Western concern and this volume reflects that reality. However, in a globalized world, awareness of similarities and differences between Western approaches and those of other major cultures is essential. For this reason the volume concludes with chapters on ethics and war in the Islamic, Chinese, and Indian traditions, with the aim of integrating reflection on these approaches into the broad consideration of military ethics provided by this volume.