-PDF Download- Modes Of Liability In International Criminal Law EBOOK

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

Presently, 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.

Modes of Liability in International Criminal Law

Author: Marjolein Cupido

Publisher: Cambridge University Press

Published: 2019-07-11

Total Pages:

ISBN-13: 1108590152

DOWNLOAD EBOOK →

Elements of Accessorial Modes of Liability

Author: Sarah Finnin

Publisher: Martinus Nijhoff Publishers

Published: 2012-08-27

Total Pages: 268

ISBN-13: 9004228098

DOWNLOAD EBOOK →

This volume continues the work of the Preparatory Commission of the International Criminal Court by developing ‘elements’ for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute. The development of proposed elements for these accessorial modes of liability is necessary because while detailed elements for the substantive crimes within the jurisdiction of the Court were identified in the ‘Elements of Crimes’, no such elements were elaborated for the modes of liability in those crimes. The proposed elements in this volume break new ground and are designed to assist the ICC in applying the provisions of the Rome Statute to the cases before it for trial with consistency and accuracy.

Theories of Co-perpetration in International Criminal Law

Author: Lachezar D. Yanev

Publisher: BRILL

Published: 2018-05-09

Total Pages: 654

ISBN-13: 9004357505

DOWNLOAD EBOOK →

This book provides a refined definition of co-perpetration responsibility that could be uniformly applied in both the ad hoc- and the treaty-based (ICC Rome Statue) model of international criminal justice.

The African Court of Justice and Human and Peoples' Rights in Context

Author: Charles C. Jalloh

Publisher: Cambridge University Press

Published: 2019-05-16

Total Pages: 1199

ISBN-13: 110842273X

DOWNLOAD EBOOK →

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

The Fundamental Concept of Crime in International Criminal Law

Author: Iryna Marchuk

Publisher: Springer Science & Business Media

Published: 2013-07-29

Total Pages: 311

ISBN-13: 3642282466

DOWNLOAD EBOOK →

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Complicity in International Criminal Law

Author: Marina Aksenova

Publisher: Bloomsbury Publishing

Published: 2016-12-15

Total Pages: 297

ISBN-13: 1509900098

DOWNLOAD EBOOK →

This book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion. Awarded The Paul Guggenheim Prize in International Law 2017!

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 EBOOK →

Anchored 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.

The Relationship Between State and Individual Responsibility for International Crimes

Author: Beatrice Bonafè

Publisher: BRILL

Published: 2009-02-23

Total Pages: 296

ISBN-13: 9047426770

DOWNLOAD EBOOK →

This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.

Principles of International Criminal Law

Author: Gerhard Werle

Publisher: Oxford University Press

Published: 2014

Total Pages: 711

ISBN-13: 0198703597

DOWNLOAD EBOOK →

Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.