Universal Jurisdiction

Universal Jurisdiction PDF

Author: Stephen Macedo

Publisher: University of Pennsylvania Press

Published: 2006-02-22

Total Pages: 398

ISBN-13: 9780812219500

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Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.

UN Security Council Referrals to the International Criminal Court

UN Security Council Referrals to the International Criminal Court PDF

Author: Alexandre Skander Galand

Publisher: BRILL

Published: 2018-11-22

Total Pages: 278

ISBN-13: 9004342214

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Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.

Universal Jurisdiction in Modern International Law

Universal Jurisdiction in Modern International Law PDF

Author: Mitsue Inazumi

Publisher: Intersentia nv

Published: 2005

Total Pages: 286

ISBN-13: 9050953662

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This study is based on the following questions: Which jurisdiction can and should be exercised for the prosecution of individuals responsible for gross and serious violations of human rights? And especially, in this regard, what is the role of universal jurisdiction? In explaining the modern jurisdictional regime, this study illuminates the historical phenomenon of the expansion of jurisdiction in Chapter II, and conducts in-depth research particularly into universal jurisdiction in Chapter III and IV. This study explicates the notion of universal jurisdiction in history and in theory, categorizing its nature by two aspects (permissive or obligatory, and supplemental or primary), and underscores the differences between ordinary universal jurisdiction and universal jurisdiction in absentia. Having made an analysis on the legality of jurisdiction, this study has proceeded to examine the appropriateness of exercising jurisdiction. Noting the danger of conflicts of jurisdiction, Chapter V attempts to compile some guiding rules that can be utilised in determining the appropriateness of jurisdiction, thus answering the question of Which jurisdiction should be exercised'. Chapter VI then applies these guiding rules to non-territorial jurisdiction, namely universal jurisdiction. The observations deduced from the application of the guiding rules demonstrates, together with the analysis of the legality of universal jurisdiction in Chapter IV, the role of universal jurisdiction within the modern jurisdictional regime.

An African Criminal Court

An African Criminal Court PDF

Author: Dominique Mystris

Publisher: BRILL

Published: 2020-11-30

Total Pages: 328

ISBN-13: 9004444955

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In An African Criminal Court Dominique Mystris offers insight into the potential contribution of a regional criminal court and its place within the international criminal justice discourse, the African Union and the African Peace and Security Architecture.

The Crime of Aggression

The Crime of Aggression PDF

Author: Noah Weisbord

Publisher: Princeton University Press

Published: 2019-06-11

Total Pages: 272

ISBN-13: 069116987X

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A gripping behind-the-scenes account of the dramatic legal fight to hold leaders personally responsible for aggressive war On July 17, 2018, starting an unjust war became a prosecutable international crime alongside genocide, crimes against humanity, and war crimes. Instead of collective state responsibility, our leaders are now personally subject to indictment for crimes of aggression, from invasions and preemptions to drone strikes and cyberattacks. The Crime of Aggression is Noah Weisbord’s riveting insider’s account of the high-stakes legal fight to enact this historic legislation and hold politicians accountable for the wars they start. Weisbord, a key drafter of the law for the International Criminal Court, takes readers behind the scenes of one of the most consequential legal dramas in modern international diplomacy. Drawing on in-depth interviews and his own invaluable insights, he sheds critical light on the motivations of the prosecutors, diplomats, and military strategists who championed the fledgling prohibition on unjust war—and those who tried to sink it. He untangles the complex history behind the measure, tracing how the crime of aggression was born at the Nuremberg trials only to fall dormant during the Cold War, and he draws lessons from such pivotal events as the collapse of the League of Nations, the rise of the United Nations, September 11, and the war on terror. The power to try leaders for unjust war holds untold promise for the international order, but also great risk. In this incisive and vitally important book, Weisbord explains how judges in such cases can balance the imperatives of justice and peace, and how the fair prosecution of aggression can humanize modern statecraft.

Principles of International Criminal Law

Principles of International Criminal Law PDF

Author: Gerhard Werle

Publisher: Oxford University Press

Published: 2014

Total Pages: 711

ISBN-13: 0198703597

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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.

Universal Jurisdiction under International Criminal Law. A Critical Analysis

Universal Jurisdiction under International Criminal Law. A Critical Analysis PDF

Author: P. R. Ramdhass

Publisher: GRIN Verlag

Published: 2018-08-22

Total Pages: 168

ISBN-13: 3668779473

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Document from the year 2018 in the subject Law - Miscellaneous, , language: English, abstract: The concept of universal jurisdiction evolved out of protecting international commerce, but now it has become a necessity for protecting human values in modern times. Even though the concept is good, its misuse threatens peaceful international relations. The study propose to discuss the legal status of the concept of universal jurisdiction under international law and its conflict with other legal principles like State sovereignty, sovereign immunity and non-intervention. It will also highlight how jus cogens norms and obligatio erga omnes strengthen the concept of universal jurisdiction. Further, the study will discuss the related concepts, such as ‘responsibility to protect’ and ‘extradite or prosecute’. However, scope of the study will be limited to the problems of universal jurisdiction under international criminal law; and it will not address the issues of active, passive and territorial jurisdictions except to the extent necessary.