Towards a Criminology of International Crimes

Author: Alette Smeulers,Roelof Haveman

Publisher: Intersentia Uitgevers N V

ISBN: N.A

Category: Law

Page: 593

View: 7996

The study of international crimes - such as war crimes, crimes against humanity, and genocide - deserves to grow into a separate and fully fledged specialization within criminology, called supranational criminology. Supranational criminology entails the study of international crimes, behavior that shows affinity with these crimes, the causes and the situations in which they are committed, as well as interventions and their effectiveness. What exactly entails supranational criminology? What are international crimes? Should other forms of behavior also be qualified as international crimes? What are the specific characteristics of international crimes as forms of state sponsored or state facilitated crimes? Explanatory theories have to be developed which can be translated into testable hypotheses. Which theories from mainstream criminology can provide answers for the prevalence or causes of international crimes? Have the international courts and tribunals succeeded in their aim? This book repairs the fundamental and historical neglect of criminology and breaks out of a state of denial by putting international crimes on the criminological agenda.
Read More

A System Sui Generis

Author: Roelof Haveman,Olga Kavran,Julian Nicholls (LL. M.)

Publisher: Intersentia nv

ISBN: 905095314X

Category: Law

Page: 370

View: 2871

What exactly is the context in which all aspects of this new field of criminal law have to be interpreted? What does the principle of legality mean in the context of supranational criminal law? Which tradition lies at the basis of this new law system? Is supranational criminal law as it grows the result of a deliberate policy, tending towards a coherent system? Or is it merely the result of crisis management? Those are some of the questions that are highlighted in this first volume of the Supranational Criminal Law series.
Read More

Africa

Author: Rianne Monique Letschert

Publisher: Intersentia Uitgevers N V

ISBN: 9789400000902

Category: Law

Page: 726

View: 3062

The last decade of the 20th century saw the revival of global efforts aimed at tackling some of the most atrocious crimes of concern to mankind. Legal initiatives at international, regional, and national levels took shape to prevent the commission of genocide, war crimes, and crimes against humanity (international crimes), as well as to punish those most responsible for them. These commendable legal developments had considerable shortcomings in dealing with victims of international crimes. Victims' suffering and needs were hardly considered a priority. The establishment of the International Criminal Court changed this to some extent, providing a more comprehensive framework towards addressing victims' needs through a criminal justice approach. The peculiar situation of victims of international crimes calls for a holistic approach that links various relevant fields, such as traumatic stress, the social psychology of group conflict and resolution, and the psychology and sociology of legal processes. The latter is important in its own right, but also for the ongoing efforts in transitional and international criminal justice, as it can provide the empirical underpinning of the choices and developments in these fields. Transcending the disciplinary divisions in the study of victims of international crimes is the main focus of this volume, which contributes to developing victimological approaches to international crimes. Focusing on the African continent, scholars from different disciplines review the similarities and differences between victims of ordinary crimes and those of genocide, war crimes, and crimes against humanity. As victimological research has mainly focused on the former crimes, the book provides a much-needed and comprehensive overview of the intricacies of victimization by international crimes. This endeavor transcends academic interest, as an approach of this kind is essential to mend societies ravaged by genocide, war crimes, and/or crimes against humanity. (Series: Supranational Criminal Law: Capita Selecta - Vol. 13)
Read More

Author: Erling Johannes Husabø,Asbjørn Strandbakken

Publisher: Intersentia nv

ISBN: 905095474X

Category: Law

Page: 157

View: 2953

In articles by legal scholars from six countries, the ongoing harmonization of criminal law in Europe is analysed from different perspectives. Through an examination of the rapid progress in European Union Law in this area, both the harmonization of substantial criminal law provisions and criminal penalties is shed light on. The development in criminal law cooperation is also accentuated, especially the breakthrough of the principle of mutual recognition and the proposal to establish a European Prosecutor. Special attention is given to the Schengen Agreement, the role of Europol and the more general influence of the harmonizing processes on European states remaining outside the EU. Conclusively, the challenges presented by a transnational criminal procedure to the preservation of human rights, are examined. The articles are based on lectures given at a colloquium in Bergen (Norway).
Read More

A Study of the Principle in Four Framework Decisions and in the Implementation Legislation in the Nordic Member States

Author: Annika Suominen

Publisher: Intersentia Uitgevers N V

ISBN: 9781780680095

Category: Law

Page: 415

View: 2951

This book thoroughly analyzes one of the essential principles in EU criminal law. It deals with the European Arrest Warrant, the framework decision on freezing, the framework decision on financial penalties, and the framework decision on confiscation and their implementation in the Nordic Member States. The book not only contains a discussion of the grounds for refusal, but also a comparative analysis of the implementation in Finland, Sweden, and Denmark. To this end, the author applies a new systematization, which makes a more general analysis of the principle of mutual recognition possible. This includes introducing new reasons for the grounds for refusal. Furthermore, the principle of mutual recognition is analyzed in a theoretical setting, which includes general aspects, as well as an analysis of it as a legal principle. This book has been written from a Nordic point of view: it discusses the Nordic Arrest Warrant and points out differences between Nordic and EU cooperation. It provides new perspectives and new knowledge on the principle of mutual recognition, both in the EU and in the Nordic setting. (Series: Supranational Criminal Law: Capita Selecta - Vol. 11)
Read More

An Interdisciplinary Approach

Author: Alette Smeulers

Publisher: Intersentia Uitgevers N V

ISBN: 9789400000995

Category: Law

Page: 452

View: 4922

Extreme forms of collective violence - such as genocide, crimes against humanity, and war crimes - can endanger international peace and security. The international criminal justice system has been set up in order to prosecute these crimes and thus to restore international peace and security. These crimes are, however, extremely complex social phenomena and it takes an inter- and multidisciplinary approach to understand the true nature of this type of criminality and to effectively prosecute the perpetrators thereof. This book enhances our knowledge of these complex phenomena and thus contributes to a better and more effective system of international criminal justice. Scholars from many different scientific disciplines - such as law, criminology, political science, psychology, research methodology, and information technology - as well as practitioners from within the field, have contributed to this book. General themes include: What kind of people are perpetrators of collective violence? How can we attribute criminal responsibility to individuals for crimes which are collective in nature? How can we study these crimes and how can we discover patterns of violence? What role can statistics play when holding individuals accountable? How do we develop strategies of prosecution? What difficulties do prosecutors and judges face? How important and useful is the International Criminal Court Case Matrix? These are just a few of the many questions addressed in the book.
Read More

Author: Gerhard Kemp

Publisher: N.A

ISBN: 9781780683508

Category: Law

Page: 320

View: 7406

The checkered history of 'the criminalization of aggression' as a crime under international law has reached an important milestone with the adoption of the Kampala Resolution on the Crime of Aggression (2010). This Resolution provides for the definition of the crime of aggression to be included in the Rome Statute of the International Criminal Court (ICC), as well as for conditions for the exercise of ICC jurisdiction over the crime. The second edition of this book contains an overview and discussion of the historical and normative processes (legal and political) that culminated in the adoption of the Kampala Resolution. The different components of the Resolution are critically assessed against the background of the various political and legal responses to aggression, while taking into account contemporary developments in the field of international criminal law. The book is primarily, but not exclusively, concerned with the crime of aggression under the Rome Statute. It also includes a chapter on national and regional criminal justice responses to aggression, notably developments concerning the amendments to the Protocol on the Statute of the African Court of Justice and Human Rights, which also provides for the criminalization of aggression. (Series: Supranational Criminal Law - Vol. 19) [Subject: International Law, Criminal Law, Criminal Justice]
Read More

Author: James Nyawo

Publisher: Intersentia

ISBN: 9781780683874

Category:

Page: 315

View: 7028

The dynamics of enforcing international criminal justice through the International Criminal Court (ICC) has become a challenging exercise in Africa. At times the uneasy relationship between the ICC, the African Union and a few influential African states has given rise to concerns about the future of international criminal justice in general, and in Africa in particular.
Read More

Law, Policy and Practice

Author: Massimo Fichera

Publisher: Intersentia Uitgevers N V

ISBN: 9789400001725

Category: Law

Page: 253

View: 9033

This book provides a critical analysis of the principle of mutual recognition of judicial decisions in criminal matters in the European Union through a detailed assessment of its most prominent instrument, the European Arrest Warrant (EAW). It conceptualizes and contextualizes the lack of clear vision in the building up of the area of freedom, security, and justice from an EU constitutional law, as well as a comparative and international criminal law standpoint. The EAW is considered both as a test for all the other measures which have been adopted or will be adopted as part of the mutual recognition agenda, and as an evolution of classic extradition. On the one hand, its significance is viewed from the perspective of both EU law and international law, by highlighting the structural deficiencies of the former Third Pillar and the need to remedy them. On the other hand, its impact is verified not only in the context of European cooperation in criminal matters, but also in light of the more general question of the identity of the EU as a polity, as well as the nature and implications of EU integration after the entry into force of the Treaty of Lisbon. In particular, the book revolves around four main issues: 1) the need to substantially re-define the concept of mutual recognition; 2) the extent to which the new mechanism of the EAW effectively operates within a non-harmonized landscape; 3) the exact nature and scope of mutual trust, as a notion that underpins the principle of mutual recognition in European criminal law; and 4) the tension between the need to enhance the law enforcement aspects of EU cooperation and the urge to build up a common framework of procedural rights. An overview of the implementation of the EAW in the UK and Italy, as examples of a common law and a civil law jurisdiction, is also offered.
Read More

National, European and International Perspectives

Author: Malin Thunberg Schunke

Publisher: Supranational Criminal Law

ISBN: 9781780684789

Category: Forfeiture

Page: 353

View: 5711

This book provides a comprehensive analysis of the measure of extended confiscation as an instrument of criminal policy. National and international regimes on confiscation are viewed from a multi-faceted perspective, and the main focus is the framework of the European Union. The book begins by examining extended confiscation from a national perspective, presenting the substantive criteria for this power of confiscation. It focuses on three main jurisdictions-England and Wales, Germany and Sweden-and explores how domestic legislation is drafted and applied in their differing models. A key point of the analysis focuses on Directive 2014/42/EU on the Freezing and Confiscation of Instrumentalities and Proceeds of Crime in the European Union, which aims at harmonizing the national powers of confiscation. This book explores whether such measures really lead to more efficiency, or if other reforms may be more effective. Also analyzed is the current legal framework for international cooperation in confiscation matters. The practice of cross-border tracing and seizure of illegal assets and cooperation regarding the recognition and execution on final confiscation orders is looked at. This book will enhance the reader's understanding of the strategy of confiscating criminal assets and contributes to a deeper knowledge of the recent developments regarding extended confiscation. It gives some answers to the questions of how the confiscation regimes could be improved, and which changes are proportionate to the objectives pursued. (Series: Supranational Criminal Law: Capita Selecta, Vol. 23) [Subject: Criminal Law, International Law]
Read More

Author: Steven Freeland

Publisher: N.A

ISBN: 9781780683140

Category: Law

Page: 362

View: 1547

Acts perpetrated during the course of warfare have, through the ages, led to significant environmental destruction. These have included situations where the natural environment has intentionally been targeted as a 'victim', or has somehow been manipulated to serve as a 'weapon' of warfare. Until recently, such acts were generally regarded as an unfortunate but unavoidable element of armed conflict, despite their potentially disastrous impacts. The existing international rules have largely been ineffective and inappropriate, and have in practical terms done little to deter deliberate environmental destruction, particularly when measured against perceived military advantages. However, as the significance of the environment has come to be more widely understood and recognised, this is no longer acceptable, particularly given the ongoing development of weapons capable of widespread and significant damage. This book therefore examines the current international legal regime relevant to the intentional destruction of the environment during warfare, and argues that such acts should, in appropriate circumstances, be recognised as an international crime and should be subject to more effective rules giving rise to international criminal responsibility. It also suggests a framework within the Rome Statute of the International Criminal Court as to how this might be achieved. 'The purpose of international law has developed far beyond regulating relations between States, and has increasingly extended to prohibit conduct or activities with very harmful effects to the international community as a whole, and on individuals. One such prohibited conduct is the intentional and wanton destruction to the natural environment during armed conflict. Professor Freeland, in this book, has painstakingly and in a sophisticated manner recommended how individuals committing such a crime could be brought within the jurisdiction of the International Criminal Court in The Hague. It is highly recommended.' Abdul G. Koroma, former Judge, International Court of Justice 'Whilst international law has made significant strides in regulating the conduct of armed conflict, there is increasing concern about the environmental impacts of warfare. Deliberate environmental destruction can have devastating effects on present and future generations; yet, in terms of international criminal law, there has been relatively little by way of progress to deter such acts. This book is therefore extremely timely and presents a comprehensive and thought-provoking perspective as to why and how this concern could be addressed. With its insightful analysis, the book will undoubtedly stimulate further debate in this area, and is highly recommended to all those concerned with the impact of armed conflict on the natural environment.' Erkki Kourula, Judge, International Criminal Court (Appeals Chamber) 'Steven Freeland argues in favor of adding crimes against the environment to international law and to the jurisdiction of the International Criminal Court. His writing is pragmatic, skillful, and also full of heart. His is the most convincing argument for a proposition well ahead of its time. His book is a must-read. Freeland's research is compendious, his view clear-eyed, and his style gifted. Freeland's book, however, transcends environmental protection. He is among the fore-runners when it comes to thinking creatively about the sources of violence, insecurity, and instability in the international order. Yet, all the while, he retains the wisdom not to posit law as rapture saving us from collective rupture.' Mark A. Drumbl, Class of 1975 Alumni Professor of Law and Director of the Transnational Law Institute, Washington and Lee University
Read More

Author: Paul De Hert,Stefaan Smis,Mathias Holvoet

Publisher: Supranational Criminal Law: Capita Selecta

ISBN: 9781780686400

Category:

Page: 314

View: 4767

Although rooted in a similar ideal, international human rights law (IHRL), international criminal law (ICL), and international humanitarian law (IHL) are separate fields of law, best represented as circles, each of which overlaps with the other two. However human rights often seems to absorb the other two, while in other situations, the lines between human rights law and its next door neighbours are blurred or contested. This volume consists of three main parts. The first main part explores the convergences and divergences between IHL and/or IHRL on the one hand, and ICL stricto sensu on the other hand. The second part investigates the convergences and divergences between IHRL and transnational crimes, or ICL in the broader sense, which suppresses crimes such as drug trafficking, trafficking in human beings and corruption through international treaties providing for domestic enforcement. The last section of this volume provides the reader with novel and original insights as to how IHRL and IHL converge and diverge by considering if and how the norms of other branches of international law come into play and how the European Court of Human Rights has engaged with the sometimes contradicting norms of IHL. It furthermore analyses the relationship between the specific IHL and IHRL norms which prohibit arbitrary displacement and maps their interaction. Finally, the effectiveness of States' investigations of war crimes committed by their armed forces is evaluated by emphasising attention to the relevant standards developed within IHRL, since IHL does not indicate specific criteria to evaluate the effectiveness of an investigation. (Series: Supranational Criminal Law: Capita Selecta, Vol. 24) [Subject: Criminal Law, International Law, Human Rights Law]
Read More

The Interaction Between the United Nations and the International Criminal Court

Author: Andrea Marrone

Publisher: Intersentia

ISBN: 9781780684024

Category:

Page: 438

View: 6415

This book offers an overview of the challenges in the emerging regime of international criminal justice as a tool of sustainable peace. It illustrates the impact of the regime on international law and international relations, focusing on the obstacles to and concerns of its governance in the context of the maintenance and restoration of international peace and security. Andrea Marrone advocates for an appropriate interaction strategy between the United Nations and the Rome Statute institutions for the sake of human security. In multiple and inter-linked country situations, the failure of strategies to prevent mass atrocity crimes have severely compromised the safety of civilians, including their individual fundamental rights. In several countries-such as Libya, Syria, Sudan, Democratic Republic of Congo, Uganda, Kenya, Central African Republic, Ivory Coast, and Mali-civilians have severely suffered the consequences of such failure. Furthermore, the right of humanitarian intervention by the international community is now challenged and qualified by the responsibility to protect civilians in situations of mass atrocity crimes. Such an international norm represents unfinished business in global politics and is considered by many to be far from capable of preserving the rule of international law. The preservation of the rule of law requires discussions and the advocacy of global values in international relations, such as multilateralism, collective responsibility, global solidarity, and mutual accountability. (Series: Supranational Criminal Law: Capita Selecta, Vol. 21) [Subject: Criminal Justice, International Law, Rule of Law]
Read More

Law and Policy Issues Concerning Restrictive Measures

Author: Iain Cameron

Publisher: Intersentia Uitgevers N V

ISBN: 9781780681412

Category: Law

Page: 268

View: 5965

For the European Union, the famous "Kadi" cases have generated a wealth of articles dealing with the legal problems involved in EU implementation of UN Security Council sanctions. Less attention has been devoted to the numerous legal problems involved in the EU's own "autonomous" sanctions system. The subject is nevertheless topical, since there is a growing use of sanctions and the legal basis for sanctions has been changed with the Lisbon Treaty. EU sanctions are used both against regimes and against suspected terrorist financing. But these sanctions have developed "organically," without sufficient thought being given to certain basic issues (inter alia concerning procedural fairness). This has resulted in considerable litigation before the Court of Justice (CJEU). The new legal basis and the recent judgments from the CJEU have solved some difficulties, but "taking sanctions seriously" means new problems for national implementation, spanning a variety of areas: criminal law, constitutional law, international law, and European law. The essays in this book, written by distinguished scholars in their respective fields, deal with some of these issues: How should we go about measuring the impact(s) of targeted sanctions? * How coherent are these "administrative" measures of blacklisting with other existing and proposed EU measures in justice and home affairs promoting the criminal law model for dealing with the problem of terrorism (investigation, trial, conviction, and punishment/confiscation of assets)? * How can the problems caused for fair trial by the use of intelligence material be solved? * If we can (or must) continue to have sanctions in the area of terrorist financing, can they be made compatible with fundamental principles of national criminal law and criminal policy? * How does a system of "composite" decision-making (when the measure is partly national and partly at the EU level) avoid the risk that gaps arise in systems of legal protection? * What is the spillover effect of "over broad" quasi-criminal legislation directed at organizations, in the constitutional/human rights of freedom of expression and association? * How do EU sanctions fit into, and compare to, national systems for the proscription of terrorist organizations? * Should the same legal safeguards be applicable both for "regime" sanctions and anti-terrorist sanctions? (Series: Supranational Criminal Law: Capita Selecta - Vol. 15)
Read More

Complementary Or Mutually Exclusive Regimes?

Author: Mohamed Abdelsalam Babiker

Publisher: Intersentia Uitgevers N V

ISBN: N.A

Category: Law

Page: 303

View: 4143

The death toll resulting from all the armed conflicts in the Sudan, including south Sudan and Darfur, has far exceeded that of the victims of many recent conflicts combined together; more than those of Rwanda, Former Yugoslavia, Sierra Leone and East Timor. Despite the tragic death toll, massive displacement, alleged genocide, crimes against humanity and war crimes, the Sudanese case has neither featured in the legal literature nor been mentioned in the practice of international Tribunals. This book aims to rectify this by focusing on the Sudans armed conflicts as a case study. Unlike the approach followed in the preponderant legal literature, which tends to focus on International Humanitarian Law as the only applicable regime in armed conflicts, this book brings on board Human Rights Law, which can be applied side by side with International Humanitarian Law. In this sense, it tries to build bridges between the two branches of international law. It focuses on the operation of both regimes at three levels: their scope of application, the protection they afford, and how they can be enforced or implemented. It critically highlights the Sudans laws and how they cohere with or contradict International Humanitarian Law and Human Rights Law. It particularly examines the Sudans military, criminal and Islamic laws and judicial practices and analyzes them in the light of International treaties ratified by the Sudan. It draws heavily on the practice of regional and UN human rights bodies and humanitarian organizations such as the ICRC. The legal materials included in the book constitute a good resource for future work in the field. Most of the materials were written in Arabic, and hence are unavailable in other jurisdictions. Thus, including them as translated materials will prove to be of great value for those who intend to familiarize themselves with the Sudans laws and practices in this field. With a preface by Jan Pronk, Former Special Representative of the Secretary General of the UN to Sudan.
Read More

Harmonization and Approximation of Criminal Law, National Legislations and the EU Framework Decision on the Fight Against Organized Crime

Author: Francesco Calderoni

Publisher: Springer Science & Business Media

ISBN: 3642043305

Category: Law

Page: 189

View: 1910

Just a few months after the entry into force of the EU Framework Decision on the fight against organized crime, this book provides an unprecedented analysis of the national and European legislation on organized crime. The book provides a critical examination of the European policies and legal instruments to promote the harmonization and approximation of criminal law in this field (including the United Nations Convention on Transnational Organized Crime). The current level of harmonization among EU Member States and the approximation to the standards of the new Framework Decision are discussed in detail, with the help of tables, graphs and maps. The results highlight the problems surrounding the international legal instruments and the inconsistencies of the national approaches to combating organized crime.
Read More

Knowledge, Power and the Self

Author: Gerard Delanty

Publisher: SAGE

ISBN: 1446265293

Category: Social Science

Page: 208

View: 3506

This accessible and comprehensive overview of the main issues on the modernity-postmodernity controversy is the first clear-sighted book on the subject. It surveys modern social theory, from Kant to Weber with economy and masterly precision. And evaluates the work of the Frankfurt School, Arendy, Strauss, Luhmann, Habermas, Heller, Castoriadis and Touraine, before moving on to consider the approaches of the leading writers on postmodenrity: Lyotard, Vattimo, Derrida, Foucault and Jameson. The result is a new way of conceptualizing the modernity-postmodernity debate, and an exciting new approach to the roots of contemporary social theory.
Read More

Author: Ian Hurd

Publisher: Princeton University Press

ISBN: 1400888077

Category: Political Science

Page: 200

View: 8199

A provocative reassessment of the rule of law in world politics Conventionally understood as a set of limits on state behavior, the “rule of law” in world politics is widely assumed to serve as a progressive contribution to a just, stable, and predictable world. In How to Do Things with International Law, Ian Hurd challenges this received wisdom. Bringing the study of law and legality together with power, politics, and legitimation, he illustrates the complex politics of the international rule of law. Hurd draws on a series of timely case studies involving recent legal arguments over war, torture, and drones to demonstrate that international law not only domesticates state power but also serves as a permissive and even empowering source of legitimation for state action—including violence and torture. Rather than a civilizing force that holds the promise of universal peace, international law is a deeply politicized set of practices driven by the pursuit of particular interests and desires. The disputes so common in world politics over what law permits and what it forbids are, therefore, fights over the legitimating effect of legality. A reconsideration of the rule of law in world politics and its relationship to state power, How to Do Things with International Law examines how and why governments use and manipulate international law in foreign policy.
Read More

Author: Iain Cameron

Publisher: Intersentia Uitgevers N V

ISBN: 9789050959810

Category: Law

Page: 277

View: 1024

This book describes and analyzes the Swedish legal rules and practices regarding jurisdiction, mutual legal assistance in criminal matters, extradition, and the EU arrest warrant. Swedish law and practice in international criminal law is particularly significant for two main reasons. First, it is a system which is both logical and coherent. It displays a considerable Germanic theoretical influence, but its sophistication is tempered by pragmatism and is designed to facilitate "user-friendliness." Second, the Nordic countries - because of a common history, shared language, and cultural factors - have long had a very high and effective degree of cooperation in international criminal law matters. The experience of Nordic cooperation has been an important inspiration for the legislative work of the EU in the field. To create a "European judicial space," based upon both harmonization and mutual recognition of decisions, the EU has produced a large number of instruments to improve judicial and prosecutorial cooperation in criminal matters. With the adoption of the Lisbon Treaty, the pace of EU legislation in the field will increase. These EU instrument cannot work effectively unless they are integrated properly into the criminal law systems of the Member States, and these systems in turn facilitate efficient cooperation. The European judicial space also requires a high degree of understanding of other systems and a high level of mutual trust. At a time when regionalization and globalization are leading to an increase in the number of offenses with a transnational dimension, this book is designed to make the "best practices" of the Swedish system of international criminal law accessible to an English-speaking legal public. (Series: Supranational Criminal Law: Capita Selecta - Vol. 9)
Read More