January 2016
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13 Reads
SSRN Electronic Journal
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January 2016
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13 Reads
SSRN Electronic Journal
June 2014
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28 Reads
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111 Citations
January 2013
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12 Reads
SSRN Electronic Journal
This is an amicus curiae brief, submitted to the International Criminal Court Appeals Chamber with permission of that chamber, in the case of Prosecutor v Laurent Gbagbo. The brief raises concerns about unnecessarily stringent approaches to crimes against humanity, as was arguably shown in certain aspects of the Gbagbo Adjournment Decision. The brief argues, inter alia, that ‘multiple’ must not be conflated with ‘widespread’, that ‘policy’ must not be conflated with ‘systematic’, that a policy need not be explicit or formally adopted, and that policy can be inferred from the implausibility of the crimes being unconnected individual action. The brief offers national and international jurisprudence highlighting that ‘attack’ and ‘policy’ are not onerous thresholds. The Appeals Chamber decided not to address those issues in that appeal, which was quite plausible and appropriate given its other findings and the scope of the appeal. Happily, many of the concerns raised and solutions proposed in the brief have been addressed and reflected in subsequent ICC cases, including the Katanga trial chamber judgment and the Gbagbo confirmation decision.
June 2012
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21 Reads
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146 Citations
This market-leading textbook gives an authoritative account of international criminal law, and focuses on what the student needs to know - the crimes that are dealt with by international courts and tribunals as well as the procedures that police the investigation and prosecution of those crimes. The reader is guided through controversies with an accessible, yet sophisticated approach by the author team of four international lawyers, with experience both of teaching the subject, and as negotiators at the foundation of the International Criminal Court and the Rome conference. It is an invaluable introduction for all students of international criminal law and international relations, and now covers developments in the ICC, victims' rights, and alternatives to international criminal justice, as well as including extended coverage of terrorism. Short, well chosen excerpts allow students to familiarise themselves with primary material from a wide range of sources. An extensive package of online resources is also available.
January 2007
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1,991 Reads
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228 Citations
International criminal law has developed considerably in the last decade and a half, resulting in a complex and re-invigorated discipline. This has impacted directly on the popularity of the study of the subject, particularly on postgraduate law degrees. This textbook serves these courses by providing an introduction to the principles of international criminal law and processes. Written by four international lawyers with experience of teaching international criminal law, it is accessible yet sophisticated in its approach. It covers substantive international criminal law, the institutions designed to enforce it and their procedures, and the international law applicable to domestic prosecutions of international crimes. It will be essential reading for students and teachers of international criminal law. In addition, practitioners and researchers in the field (and in related fields such as criminal law), students of international law and international relations will find this introduction invaluable. © Robert Cryer Håkan Friman, Darryl Robinson and Elizabeth Wilmshurst 2007.
June 2005
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8 Reads
January 2003
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597 Reads
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1 Citation
... While advocating for absolute power, Hobbes does acknowledge certain limits to the obligation of obedience. Subjects retain the right of self-preservation and are not obliged to obey commands that would directly harm them (Sreedhar, 2010). ...
June 2012
... Some scholars have argued that crimes against humanity are as old as humanity itself, and were first established to bridge certain gaps in the law of war. 69 For instance, during the Nuremberg trial, some defendants were charged with war crimes, and crimes against humanity for certain crimes that would now be defined as genocide. 70 However, other scholars believe that crimes against humanity can be traced back to World War I after the enforced displacement and murder of Armenians, denounced by the Allied powers as 'crimes against civilization and humanity'. ...
June 2014
... Most domestic systems know statutory limitations, or time limits for prosecution 91 . The rationale behind this legislation is that the passage of time renders the collection of evidence very difficult (in that witnesses are no longer available, material evidence may have disappeared or got lost, etc.) 92 . ...
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January 2007