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International Practices of Criminal Justice

Author: Mikkel Jarle Christensen

Publisher: Routledge

Published: 2017-11-06

Total Pages: 482

ISBN-13: 1351384627

International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.

International Criminal Justice

Author: Professor Roberto Bellelli

Publisher: Ashgate Publishing, Ltd.

Published: 2013-02-28

Total Pages: 881

ISBN-13: 1409497119

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Amnesty for Crime in International Law and Practice

Author: Andreas O'Shea

Publisher: BRILL

Published: 2002-02-01

Total Pages: 410

ISBN-13: 9047403088

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This 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.

Critical Approaches to International Criminal Law

Author: Christine Schwöbel

Publisher: Routledge

Published: 2014-05-09

Total Pages: 330

ISBN-13: 1317929209

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Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of International Criminal Law. This area of law has recently experienced a significant surge in scholarship and public debate; individual criminal accountability is now firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Critical Approaches to International Criminal Law: An Introduction shifts the debate towards that which has so far been missing from the mainstream discussion: the possible injustices, exclusions, and biases of International Criminal Law. This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. It will be a valuable resource for scholars and students of international criminal law, international law, international legal theory, criminal law, and criminology.

Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege

Author: Thomas Rauter

Publisher: Springer

Published: 2017-09-05

Total Pages: 261

ISBN-13: 3319644777

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This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?

International and Comparative Criminal Justice

Author: Mark J. Findlay

Publisher: Routledge

Published: 2013-06-19

Total Pages: 403

ISBN-13: 1136184147

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International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.

The Law and Practice of the International Criminal Court

Author: Carsten Stahn

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 1441

ISBN-13: 0198705166

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The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.

Principles of Evidence in International Criminal Justice

Author: Karim A. A. Khan

Publisher:

Published: 2010

Total Pages: 876

ISBN-13: 0199588929

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Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

International Criminal Justice

Author: Roberto Bellelli

Publisher: Routledge

Published: 2016-04-22

Total Pages: 706

ISBN-13: 1317114272

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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 process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.

Global Perspectives on People, Process, and Practice in Criminal Justice

Author: Leonard, Liam J.

Publisher: IGI Global

Published: 2021-04-16

Total Pages: 282

ISBN-13: 1799866483

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The United States incarcerates nearly one quarter of the world’s prison population with only five percent of its total inhabitants, in addition to a history of using internment camps and reservations. An overreliance on incarceration has emphasized long-standing and systemic racism in criminal justice systems and reveals a need to critically examine current processes in an effort to reform modern systems and provide the best practices for successfully responding to deviance. Global Perspectives on People, Process, and Practice in Criminal Justice is an essential scholarly reference that focuses on incarceration and imprisonment and reflects on the differences and alternatives to these policies in various parts of the world. Covering subjects from criminology and criminal justice to penology and prison studies, this book presents chapters that examine processes and responses to deviance in regions around the world including North America, Europe, the Middle East, and Asia. Uniquely, this book presents chapters that give a voice to those who are not always heard in debates about incarceration and justice such as those who have been incarcerated, family members of those incarcerated, and those who work within the walls of the prison system. Investigating significant topics that include carceral trauma, prisoner rights, recidivism, and desistance, this book is critical for academicians, researchers, policymakers, advocacy groups, students, government officials, criminologists, and other practitioners interested in criminal justice, penology, human rights, courts and law, victimology, and criminology.