The Rome Statute As Evidence Of Customary International Law
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The Rome Statute as Evidence of Customary International Law
Author | : Yudan Tan |
Publsiher | : BRILL |
Total Pages | : 487 |
Release | : 2021-08-09 |
Genre | : Law |
ISBN | : 9789004439412 |
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In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law.
Essays on the Rome Statute of the International Criminal Court
Author | : Flavia Lattanzi,William Schabas |
Publsiher | : © Editrice il Sirente |
Total Pages | : 546 |
Release | : 1999-01-01 |
Genre | : Law |
ISBN | : 9788887847000 |
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Developments in Customary International Law
Author | : Birgit Schlütter |
Publsiher | : BRILL |
Total Pages | : 407 |
Release | : 2010-05-17 |
Genre | : Law |
ISBN | : 9789047431152 |
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Building on an empirical analysis of the jurisprudence of the International Court of Justice and the two ad hoc tribunals for ex-Yugoslavia and Rwanda, this book sheds new light on the development of custom as a source of international (criminal) law.
Judicial Practice Customary International Criminal Law and Nullum Crimen Sine Lege
Author | : Thomas Rauter |
Publsiher | : Springer |
Total Pages | : 261 |
Release | : 2017-09-05 |
Genre | : Law |
ISBN | : 9783319644776 |
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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?
The Rome Statute of the ICC at Its Twentieth Anniversary
Author | : Pavel Šturma |
Publsiher | : BRILL |
Total Pages | : 266 |
Release | : 2019-01-03 |
Genre | : Law |
ISBN | : 9789004387553 |
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This edited volume presents the most up to date topics of international criminal law and discusses possible future developments of the Rome Statute and the International Criminal Court.
UN Security Council Referrals to the International Criminal Court
Author | : Alexandre Skander Galand |
Publsiher | : BRILL |
Total Pages | : 278 |
Release | : 2018-11-22 |
Genre | : Law |
ISBN | : 9789004342217 |
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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.
The International Criminal Court
Author | : William A. Schabas,William Schabas |
Publsiher | : Oxford University Press |
Total Pages | : 1689 |
Release | : 2016 |
Genre | : Law |
ISBN | : 9780198739777 |
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This text provides an analysis of the Rome Statute, which established the International Criminal Court. Each of the 128 articles is examined in the light of relevant case law, academic commentary and related international instruments.--
Customary International Humanitarian Law
Author | : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge |
Publsiher | : Cambridge University Press |
Total Pages | : 610 |
Release | : 2005-03-03 |
Genre | : Law |
ISBN | : 9780521808996 |
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Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.