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Relevant bibliographies by topics / International criminal courts – Cases

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Academic literature on the topic 'International criminal courts – Cases'

Author: Grafiati

Published: 10 March 2023

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Journal articles on the topic "International criminal courts – Cases"

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Laucci, Cyril. "Juger et faire juger les auteurs de violations graves du droit international humanitaire." International Review of the Red Cross 83, no. 842 (June 2001): 407–38. http://dx.doi.org/10.1017/s1560775500105747.

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Abstract The establishment of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, and the recent adoption of the Rome Statute of the International Criminal Court, are important steps towards ensuring that justice prevails. However, existing and future international criminal courts alone will never be able to try all cases of serious violations of international humanitarian law. Domestic courts have to step in and they must keep their role as the main agents for rendering justice. The rule according to which the ICC's jurisdiction is a complementary one is wise and also indispensable for guaranteeing the new court's success. The international courts should actively seek to establish cooperation agreements with national jurisdictions and facilitate the transfer of cases, in particular those of minor importance. In the authors'view the future of criminal justice lies in an invigorated domestic justice system

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MANLEY, STEWART. "Citation Practices of the International Criminal Court: The Situation in Darfur, Sudan." Leiden Journal of International Law 30, no. 4 (September 4, 2017): 1003–26. http://dx.doi.org/10.1017/s0922156517000413.

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AbstractThis article analyzes the 9,203 citations made by the International Criminal Court (ICC) in its cases involving Sudan. To date, few empirical studies have assessed the citation practices of courts and even fewer of international courts. The data is rich. It reveals, for instance, the changing nature of the Court's citations over time, the disproportionate distribution of citations among chambers, the potential impact of party pleadings on citations, and the allocation of citations to previous rulings of the Court, other international tribunals and domestic courts. The article also explores possible explanations for the patterns that emerge and assesses what the patterns may mean for the Court. Unlike most other citation analyses, the study provides the additional benefit of having categorized the citations based on their function, distinguishing for instance between citations that the Court uses to help it decide legal and factual issues, and those it does not.

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Drumbl, Mark A. "Extracurricular International Criminal Law." International Criminal Law Review 16, no. 3 (May 27, 2016): 412–47. http://dx.doi.org/10.1163/15718123-01603005.

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This article unpacks the jurisprudential footprints of international criminal courts and tribunals in domestic civil litigation in the United States conducted under the Alien Tort Statute (ats). The ats allows victims of human rights abuses to file tort-based lawsuits for violations of the laws of nations. While diverse, citations to international cases and materials in ats adjudication cluster around three areas: (1) aiding and abetting as a mode of liability; (2) substantive legal elements of genocide and crimes against humanity; and (3) the availability of corporate liability. The limited capacity of international criminal courts and tribunals portends that domestic tort claims as avenues for redress of systematic human rights abuses will likely grow in number. The experiences of us courts of general jurisdiction as receivers of international criminal law instruct upon broader patterns of transnational legal migration and reveal an unanticipated extracurricular legacy of international criminal courts and tribunals.

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Sander, Barrie. "HISTORY ON TRIAL: HISTORICAL NARRATIVE PLURALISM WITHIN AND BEYOND INTERNATIONAL CRIMINAL COURTS." International and Comparative Law Quarterly 67, no. 3 (March 20, 2018): 547–76. http://dx.doi.org/10.1017/s0020589318000027.

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AbstractWith the resurgence of the field of international criminal justice in recent decades, expectations have increasingly been placed on international criminal courts to construct consistent and authoritative historical narratives about the mass atrocity situations that fall within their purview. Taking this expectation as its focus, this article seeks to illuminate the historical narrative pluralism that can arise both within and beyond the international criminal courtroom. Within the courtroom, two types of narrative pluralism are identified: first, inter-court narrative pluralism, which arises when different courts examine the same mass atrocity situation from different perspectives; and second, intra-court narrative pluralism, which emerges when narratives constructed within an international criminal judgment are revisited in later cases adjudicated by the same court. Beyond the courtroom, it is contended that even when international criminal courts manage to achieve inter-court and intra-court narrative consistency, in practice a range of social psychological and practical factors tend to generate a gap between the intended meaning of such narratives and their public or social meaning amongst different audiences. By illuminating the historical narrative pluralism that can arise both within and beyond the international criminal courtroom, this article calls for greater critical awareness of the constructed nature of the historical narratives rendered within international criminal judgments, as well as a sobering of the expectations that are typically placed on international criminal courts both with respect to the construction of narratives within the courtroom and their reception beyond it.

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Kucherov, I. I. "Review of the Monograph by PhD in Law D.A. Pechegin «Competitive and Investigative Models of Proceedings in the International Criminal Court»." Russian Journal of Legal Studies 4, no. 3 (September 15, 2017): 245–46. http://dx.doi.org/10.17816/rjls18332.

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Monograph by D.A. Pechegin «Competitive and investigative models of proceedings in the International Criminal Court» is devoted to the study of the model of criminal justice, as well as its implementation in the structure of adversarial and investigative principles, both internationally and nationally. The reader is presented with a comprehensive analysis of various issues in the production of criminal cases through the prism of analyzing the provisions of not only domestic and foreign legislation, but also statutory and other documents of international criminal tribunals, ad hoc courts, the European Court of Human Rights.

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ĆUJIĆ, MIODRAG. "CRIMINAL ASSOCIATION IN INTERNATIONAL CRIMINAL LAW." Kultura polisa, no. 44 (March 8, 2021): 23–35. http://dx.doi.org/10.51738/kpolisa2021.18.1r.1.02.

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The criminal association was a criminal offense of the Joint Plan and Conspiracy, or a special form of Crime against Peace, which was highlighted as such in the Nuremberg and Tokyo trials. In the recent practice of international criminal courts, this institute is used in a certain way, but its function is often subordinated to political abuses. By labeling certain political regimes as a “criminal association” by the so-called international political elites are provided with a wide margin of maneuver to justify their “humanitarian interventions” which are the consequence of a common criminal goal. From the middle of the 20th century until today, it is possible to identify violations of international law that occurred as a result of the activities of a criminal association, which continues with increased intensity. If the covert activities of real criminal associations continue, the main outcome will not be the achievement of world peace, but hegemony. In order to prevent this tendency, it is necessary to redefine the place of the Criminal Association in international criminal law, to point out the permanent cases of their actions, their subjects and the ways in which these same subjects avoid responsibility.

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Arsić, Katarina. "Criminal immunity of state officials in international law." Bezbednost, Beograd 64, no. 2 (2022): 145–59. http://dx.doi.org/10.5937/bezbednost2202145a.

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The paper analyzes the practice of the states and international courts regarding the recognition, non - recognition or withdrawal of immunity in cases which are in accordance with international criminal law and against state officials, including highlevel officials. This paper offers an analysis of the historical role of World War II in recognizing individual criminal responsibilities in international law, enabling the criminal process and prosecuting officers for violating jus cogens norms. In this sense, we should distinguish the immunity ratione personae (personal immunity) from the immunity ratione materiae (functional immunity). High state officials such as the Head of State, the Prime Minister and the Minister of Foreign Affairs have the immunity ratione personae. On the other hand, the immunity ratione materiae is enjoyed by other officials. While personal immunity derives from the function performed by high-rank officials and should ensure unhindered performance of their duties, functional immunity is the immunity of the state and should primarily protect the state, not the official, because the official acts only on behalf of the state. Based on this, the paper points out that the practice of domestic courts, the International Court of Justice and the International Criminal Court in recognizing or withdrawing immunity of state officials is inconsistent. The paper analyzes the Seventh Report on Immunity of State Officials from foreign criminal jurisdiction by the Commission on International Law and indicates the areas in which the articles of a potential document on the criminal immunity of state officials in international law should be elaborated. In addition to contradictory judgments of the International Court of Justice and the International Criminal Court, the impossibility of defining uniform rules arises because the states have different understanding and believe that the dignity of the state will be endangered if their high officials are prosecuted by courts of other states. The paper concludes that further monitoring of the work of relevant international and domestic courts is needed in order to uniform rules and produce a draft document on criminal immunity of state representatives in international law based on uniform practice.

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Safferling, Christoph, and Gurgen Petrossian*. "Universal Jurisdiction and International Crimes in German Courts – Recent Steps Towards Exercising the Principle of Complementarity after the Entry into Force of the Rome Statute." European Criminal Law Review 11, no. 2 (2021): 242–63. http://dx.doi.org/10.5771/2193-5505-2021-2-242.

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This article deals with recent developments in Germany in relation to international criminal cases. It describes how the German courts interpreted and applied the law on the cases and on the international crimes committed outside of Germany. In addition, it raises the alternative criminal prosecution of the persons who were involved in the international criminal activities abroad. Since 2015 the workload of German judiciary because of the active prosecution of international crimes was dramatically increased. Cases of international crimes are now part of everyday life for public prosecutors and courts in Germany. The number of cases has also led to the establishment of a modern jurisprudence on international criminal law. These developments are also of great interest outside of Germany, but remain largely unknown.

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Shany, Yuval. "How Can International Criminal Courts Have a Greater Impact on National Criminal Proceedings? Lessons from the First Two Decades of International Criminal Justice in Operation." Israel Law Review 46, no. 3 (September 23, 2013): 431–53. http://dx.doi.org/10.1017/s0021223713000150.

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International actors and observers have afforded greater attention in recent years to the role of national courts in bringing to justice perpetrators of international crimes. Not only are national courts typically less expensive to operate than international courts, they also enjoy at times more legitimacy in the eyes of local constituencies than their international counterparts. They can also reach deeper into society and cast a wider net than international criminal courts. Indeed, there is an increased tendency to view international criminal courts as mechanisms primarily designed to support and complement the work of national criminal procedures, and to pay closer attention to the interaction between the two sets of judicial institutions. It is against this background that the Project on Studying the Impact of International Courts in Domestic Criminal Procedures in Mass Atrocity Cases (the DOMAC project) has sought to draw lessons from the experience accumulated by the interactions that took place between national and international courts in the two decades that have passed since the establishment of the International Criminal Tribunal for the former Yugoslavia. This was done in the hope that such lessons may guide such interactions in the future. Indeed, DOMAC reports have looked into interactions relating to specific legal aspects (applicable laws, prosecution rates, sentencing policies and capacity development) and/or at specific geographical regions (for example, the Balkans, Africa, Latin America, East Timor) and provide many interesting stories of success and failure, from which valuable lessons can be learned. The purpose of this article is to offer, on the basis of the said DOMAC reports, some general observations on the impact of international courts on domestic criminal processes (in the aftermath of mass atrocity situations), and to discuss the structural deficiencies that may have led until now to sub-optimal levels of cooperation and division of labour between international and national criminal procedures. On the basis of these critical observations, a number of general recommendations for future policy planners will be considered. The article first describes some of the main impacts of international courts on domestic courts handling mass atrocity cases. It then discusses four overarching problems, which may have hampered such interactions: the lack of a comprehensive legal response to mass atrocities, inadequate allocation of resources, the absence of ultimate responsibility over the international response, and legitimacy deficits. The concluding section sketches a number of proposals based on the discussion in the two immediately preceding sections.

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Sheremetev, I. I. "Using Digital Technologies in Criminal Cases in Court: Reality and Prospects." Lex Russica, no. 5 (May 31, 2019): 117–31. http://dx.doi.org/10.17803/1729-5920.2019.150.5.117-131.

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The paper deals with topical issues related to the use of digital technologies in criminal proceedings. The author presents the directions of digitization of the court and the principles of using artificial intelligence, formulated by the bodies of the Council of Europe. The stages of the emergence of individual digital technologies first in the work of arbitration courts, and later — courts of general jurisdiction are shown. Existing and promising digital technologies are considered as the criminal case moves, after its submission in court from the Prosecutor. Considerable attention is given to the order of formation of the court for the consideration of a particular criminal case. The author analyzes the difficulties encountered in the use of an automated information system in this matter, and proposes ways to resolve them. The author considers it necessary to use e-mail to call victims, witnesses and other participants in the proceedings, for which he proposes to make appropriate changes to the current procedural legislation. The article reveals the current procedure and prospects for the use of video conferencing systems, audio and video recording of the trial in the criminal process. The author reports on the experimental development of speech recognition programs for participants in the trial. Special attention is given to the achievements in the implementation of digital technologies in the Moscow courts, implemented in the course of the international project «Support for judicial reform». In this regard, the author describes the creation of electronic copies of traditional «paper» cases in the courts of Moscow, making the proceedings more open.

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Dissertations / Theses on the topic "International criminal courts – Cases"

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JOSIPOVIC, Ivona. "The International Criminal Tribunal for the Former Yugoslavia's approach to customary law : the case-study of the Mens Rea of imputed command responsibility." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/9971.

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Bådagård, Lovisa. "The Gatekeeper of the ICC : Prosecutorial strategies for selecting situations and cases at the International Criminal Court." Thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-283406.

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Novotná, Kateřina. "Immunities ratione personae and ratione materiae before international criminal courts : Charles Taylor case." Thesis, Aberystwyth University, 2009. http://hdl.handle.net/2160/794dcd16-a8b4-4357-95e1-e86c2a2f370d.

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Under traditional international law governed by the concept of state sovereignty, any alleged responsibility for international wrongdoings used to be attributed to the state alone. Indeed, the role of an individual in traditional international law was marginalized. This position of an individual in international law began to change from the 20th century. Responsibility of individuals for breaches of international law started to be addressed in a relatively new branch of international law: international criminal law. International criminal law qualifies certain types of conduct as crimes under international law incurring individual criminal responsibility. In this context, the 20th century witnessed development of various international and hybrid judicial mechanisms for prosecution of individuals who commit these crimes. What if these individuals happen to be heads of state? The principle of individual criminal responsibility for crimes under international law is firmly established. However, the enforcement of this principle can, in some circumstances, be frustrated by operation of another well established principle, immunity of a Head of State based largely on the notions of sovereign equality of states.

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Orina, Deborah Moraa. "A critical evaluation of the cases of Kenyatta and Ruto before the International Criminal Court." University of the Western Cape, 2014. http://hdl.handle.net/11394/4391.

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Magister Legum - LLM
The International Criminal Court (hereafter ‘ICC’ or ‘the Court’), in its fight against impunity is slated to put on trial, in conformity with Article 27 of the Rome Statute1, an incumbent Head of State and his Deputy for crimes under Article 7 of the Statute. The President and Deputy President of the Republic of Kenya are currently accused of crimes against humanity before the ICC, for acts of violence perpetrated in the wake of the December 2007 presidential and parliamentary elections. This research is a study of the ICC’s conceptual framework and positive implementation of its mandate with respect to prosecuting Kenya’s top leaders. By critically evaluating the cases against President Kenyatta and Deputy President Ruto, this research aims to assess the feasibility of such high-profile cases which have, in part, contributed to the hostility surrounding the Court in its fight against impunity. To this end, the factual and legal background, as well as the political context of the cases will be discussed.

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Hatcher, Robert. "Schoolyard Politics: Ethics and Language at the International Criminal Tribunal for the Former Yugoslavia." Thesis, University of North Texas, 2010. https://digital.library.unt.edu/ark:/67531/metadc33161/.

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The International Criminal Tribunal for the Former Yugoslavia (ICTY) has been both contentious and successful. By examining the ICTY from a Levinasian ethical standpoint, we might be able to understand how the court uses language to enforce ethical and moral standards upon post-war societies. Using linguistic methods of analysis combined with traditional data about the ICTY, I empirically examine the court using ordinary least squares (OLS) in order to show the impact that language has upon the court's decision making process. I hypothesize that the court is an ethical entity, and therefore we should not see any evidence of bias against Serbs and that language will provide a robust view of the court as an ethical mechanism.

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Jasini, Rudina. "Victim participation in international criminal justice : the case of the extraordinary chambers in the courts of Cambodia : real power or empty rhetoric?" Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:d364ae54-f369-4ead-a21e-a6f9938e6476.

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This thesis critically examines the role, scope and implications of victims' participation in international criminal proceedings, drawing from the development of human rights doctrine, victimology and practices in domestic and international criminal justice systems. The comprehensive and in-depth analysis of the complex and multifaceted legal mechanism of victim participation is conducted primarily through the lens of the Extraordinary Chambers in the Courts of Cambodia (ECCC), examination of which constitutes the core of this thesis. In light of the specific characteristics of international criminal law, this thesis analyses the statutory and jurisprudential developments that have defined the ambit and boundaries of the participation of victims in international criminal proceedings. The research is conducted against a theoretical and case law backdrop, drawing on interviews conducted with judges, lawyers and victims at the ECCC. The interpretation of victims' participatory rights in international criminal proceedings has been significantly diffuse and at times divergent, betraying a far from cohesive and consistent approach, and making the study of civil party participation at the ECCC an excellent medium through which to explore the breadth of victim participation as a legal mechanism. Victim participation is still in its infancy in international criminal proceedings, and as such, the trials at the ECCC have appeared more as 'experimenting laboratories' than as processes guided by sound and well-crafted rules and procedures. This thesis argues that whilst the apparent benefits of participation seem self-evident, and may lead, at least in theory, to the realisation of the aspiration of restorative justice for victims, the manner in which civil party participation has been crafted and interpreted in the trials before the ECCC has raised some important issues and questions regarding its role and impact with respect to the functionality of court proceedings, the rights of the accused, and the rights of victims themselves.

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Kasaija, Phillip Apuuli. "Procedural due process safeguards in the prosecution of genocide suspects : the case of the International Criminal Tribunal for Rwanda (ICTR), National Genocide Trials (NGTs) and GACACA courts in Rwanda." Thesis, University of Sussex, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.430955.

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Ristic, Danijel. "Victims' access and compensation before international criminal courts /." Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2142.

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Bowman, Herbert D. "Not much justice : the performance of the Internationalized Criminal Courts in Kosovo, East Timor, Cambodia, and Sierra Leone." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101813.

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It has been claimed that internationalized, or "hybrid" courts, courts which mix international and local personnel and international and domestic law, can be used to replace or complement the work of the International Criminal Court. Four such hybrid courts---courts located in Kosovo, East Timor, Cambodia and Sierra Leone, have either just completed their work or are far enough along in their operation to provide a type of "justice laboratory" to test this claim. Analysis reveals that the performance of these courts has been poor. It shows that the courts in Kosovo and East Timor were doomed to failure, that the court in Cambodia is headed in the same direction, and that only the court operating in Sierra Leone offers a possibility that something close to justice will result. The summary recommendation drawn from the analysis is that hybrid courts should only be employed where: (1) international personnel control the proceedings, (2) the legal framework of the court conforms to international standards, and (3) the sponsors of the enterprise possess a clear ability, and demonstrate a credible commitment, to try and punish those most responsible for committing gross human rights offenses.

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Hassanein, Ahmed Samir. "The principle of complementarity betwen international and national criminal courts." Thesis, University of Aberdeen, 2010. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=165410.

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The principle of complementarity is the cornerstone of the establishment of the International Criminal Court as well as one of the key factors for its successful operation. Having said that, the qualities of being flexible and adaptable make the task of interpreting the principle of complementarity extremely sensitive and technically tricky. According to the current wording of the principle of complementarity in the Rome Statute, the ICC could factually exercise primacy over the national jurisdiction, if a loose interpretation of the principle is adopted, or conversely being residual to national jurisdictions, if the principle was strictly interpreted. While the principle of complementarity was at the heart of the negotiating process for the establishment of the International Criminal Court, the emerging practice of the Court to date has left the vast majority of the questions on complementarity unanswered, even the few issues which the Court has touched upon are not immune from criticism. This thesis will thus strive, through an in-depth analysis of the past, present and practice of the principle of complementarity and its corollary issues, to offer workable answers as well as constructive criticism. Guided by the central objective of ending impunity for the core crimes through criminal justice, this thesis, in interpreting the principle of complementarity, will follow a balanced approach which, while unequivocally favours national prosecutions where possible, it adopts a broadening interpretation when national jurisdictions are genuinely unavailable or ineffective. To this end, this thesis eventually presents the principle of complementarity as a managerial principle which promotes for the effective investigation and prosecution of the core crimes through the adoption of different policies which encourage, inter alia, a division of labour between the International Criminal Court and domestic jurisdictions, and enable states to carry out proceedings and overcome dilemmas of ‘inability’ or ‘unwillingness’ without the role of the International Criminal Court being limited in such incidents to excluding national jurisdiction.

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Books on the topic "International criminal courts – Cases"

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1943-, Paust Jordan J., ed. International criminal law: Cases and materials. 3rd ed. Durham, NC: Carolina Academic Press, 2007.

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1937-, Bassiouni M. Cherif, Scharf Mike, Sadat Leila Nadya, Gurulé Jimmy, and Zagaris Bruce, eds. International criminal law: Cases and materials. Durham, North Carolina: Carolina Academic Press, 2013.

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Klip, André, and Göran Sluiter. Annotated leading cases of international criminal tribunals. Antwerp: Intersentia, 1999.

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Annotated leading cases of international criminal tribunals. Antwerp: Intersentia, 1999.

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Klip, André, and Göran Sluiter. Annotated leading cases of international criminal tribunals. Antwerp: Intersentia, 1999.

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André, Klip, and Sluiter Göran, eds. Annotated leading cases of International Criminal Tribunals. Antwerpen: Intersentia, 2001.

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Russell, Andrea. International criminal law. [Toronto]: Faculty of Law, University of Toronto, 2014.

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Russell, Andrea. International criminal law. [Toronto]: Faculty of Law, University of Toronto, 2011.

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Russell, Andrea. International criminal law. [Toronto]: Faculty of Law, University of Toronto, 2012.

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Russell, Andrea. International criminal law. [Toronto]: Faculty of Law, University of Toronto, 2010.

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Book chapters on the topic "International criminal courts – Cases"

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Boehme, Franziska. "Consistent and Partial Compliance in ICC Cases against Rebel Leaders." In State Behavior and the International Criminal Court, 47–78. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003181002-3.

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Emarat, Anawin, Bundit Manaskasemsak, and Arnon Rungsawang. "Prediction of Thai Court Judgments in Criminal Cases Using Deep Neural Networks." In Proceedings of the 18th International Conference on Computing and Information Technology (IC2IT 2022), 111–18. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-99948-3_11.

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Harrington, Alexandra R. "International criminal courts." In International Organizations and the Law, 105–31. New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781351240147-13.

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Pampalk, Madalena. "Procedural Aspects of the Relationship Between the International Criminal Court and Future Truth Commissions. Lessons Learned From the Cases of Sierra Leone and East Timor." In International Law and Armed Conflict, 380–97. The Hague: T.M.C. Asser Press, 2010. http://dx.doi.org/10.1007/978-90-6704-527-8_25.

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Citaristi, Ileana. "Hybrid International Criminal Courts." In The Europa Directory of International Organizations 2022, 637–40. 24th ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003292548-113.

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Rojo, Enrique Carnero, and Maria Nybondas. "International Criminal Courts Round-Up." In Yearbook of International Humanitarian Law 2006, 311–61. The Hague: T.M.C. Asser Press, 2007. http://dx.doi.org/10.1007/978-90-6704-755-5_9.

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Rastan, Rod, and Maria Nybondas. "International Criminal Courts Round-Up." In Yearbook of International Humanitarian Law, 265–95. The Hague: T.M.C. Asser Press, 2006. http://dx.doi.org/10.1007/978-90-6704-761-6_6.

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Swaak-Goldman, Olivia, and Maria Nybondas. "International Criminal Courts Round-Up." In Yearbook of International Humanitarian Law, 324–51. The Hague: T.M.C. Asser Press, 2005. http://dx.doi.org/10.1007/978-90-6704-763-0_9.

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Guellali, Amna, and Enrique Carnero Rojo. "International Criminal Courts Round-Up." In Yearbook of International Humanitarian Law, 255–372. The Hague: T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-767-8_7.

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Turns, David, Enrique Carnero Rojo, Julieta Solano McCausland, and Aleks Bojovic. "International Criminal Courts Round-Up." In Yearbook of International Humanitarian Law, 233–62. The Hague: T.M.C. Asser Press, 2010. http://dx.doi.org/10.1007/978-90-6704-771-5_8.

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Conference papers on the topic "International criminal courts – Cases"

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Nurmansyah, Lufti. "Legal Protection for Justice Collaborator in Revealing Criminal Act Cases in Courts." In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303640.

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Kulmanis, Oskars. "Taisnīga kriminālprocesa norise ārkārtas situācijā." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.1.16.

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The global spread of Covid-19 virus has significantly affected the continuous operation of courts in criminal proceedings and spurred changes to justice systems. The court system of Republic of Latvia is no exception. Since the adoption of Law on the Management of the Spread of Covid-19 Infection, securing a fair trial in criminal proceedings has been a great challenge. The paper addresses proportionality of use of written procedure as one of the main procedural forms to try a criminal case in court of appeal.

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Dauster, Manfred. "Criminal Proceedings in Times of Pandemic." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.

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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.

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Kalalo, Julianto Jover Jotam, Marlyn Jane Alputila, and Chyntia Novita Kalalo. "Implementation of Court Decisions in Criminal Cases." In 3rd International Conference on Social Sciences (ICSS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201014.108.

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Abdi, Arif, and Suparno Suparno. "The Effectiveness of Criminal Case Trials in Indonesian Courts Electronically in the Era of the Covid-19 Pandemic." In Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia. EAI, 2022. http://dx.doi.org/10.4108/eai.30-10-2021.2315740.

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Бардин, Лев, and Lev Bardin. "On the issue of the right to provide legal assistance." In St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. Москва: INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6faa331e66.29746358.

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The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those who received the status Lawyer in accordance with Russian law, has the right to represent in criminal courts and Russian arbitration courts, as well as act as a representative of organizations in civil and administrative proceedings and proceedings on cases of administrative violations. Appropriate legislative changes are needed. The law states that the use of the terms "advocacy", "lawyer", "lawyer's chamber", "lawyer’s entity" in the names of organizations is allowed only by lawyers. Every year, Russia's tax inspections register dozens of organizations set up by non-layers, illegally including the above terms in their names. The law should provide not only prohibitions, but also sanctions for violation of these prohibitions. Collegiums of advocates often include the phrase "partners" in their names. But lawyers - members of the board are not partners and do not sign partnership agreements. Partners can not be among the governing bodies of the collegium . The application by collegiums of lawyers of the rules provided for non-commercial partnerships by the Federal Law "On Non-Profit Organizations" in the part of partners is illegal. Only lawyers can establish a lawyer’s bureau and conclude a partnership agreement. But in practice in lawyer’s bureau, persons who do not have the status of a lawyer become partners. In other countries, in associating lawyers limited liability partnerships, along with partners, there are "associates". The introduction of such "associates" in our lawyer’s bureau will be a good alternative to attempts to include commercial organizations in the composition of lawyer entities.

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Ogodo, A. D., Q. O. Idehen, U. G. Egere, and I. H. Akpofure. "Environmental Pollution, Its Health Implications and Diseases Associated with Waste and Their Mode of Transmission." In 27th iSTEAMS-ACity-IEEE International Conference. Society for Multidisciplinary and Advanced Research Techniques - Creative Research Publishers, 2021. http://dx.doi.org/10.22624/aims/isteams-2021/v27p17.

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Environmental pollution has become topical worldwide so much so that no day passes without the issue being discussed somewhere in the world especially the state of Human health in the Niger Delta Region of Nigeria. This research work shows that man is largely responsible for pollution of the air, the sea and the land and this pollution posed the greatest danger to the atmosphere. This research shows the criminal nature of pollution of the environment. The research x-rays some of the causes of Environmental degradation; its health implications and diseases associated with wastes and their mode of Transmission. The research emphasizes on some waste management practical facts and regulations that need Constitutional Reforms, Historical Progression of Environmental Laws in Nigeria, Environmental Courts, Ineffective Enforcement of Environmental Laws, Health Impact Assessment Studies, Pollution and Its Health Implications, Prevention and Control/Management of Wastes. Finally, the research work concluded with some recommendations as we strive to live in a healthy environment to avoid all forms of environmental pollution and diseases. The research work concluded that Environmental Pollution is all about GLOOM, NO GLEE. Keywords: Environmental Pollution (ALL GLOOM, NO GLEE), Health Implications, Human Diseases and Mode of Transmission, Environmental Courts (Legal Enforcement of Environmental Laws), Health Impact Assessment Studies.

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Özkan, Gürsel. "Administrative Sanction Decisions, the More Favorable Law Application and Trust on Judiciary." In International Conference on Eurasian Economies. Eurasian Economists Association, 2020. http://dx.doi.org/10.36880/c12.02371.

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In terms of administrative sanctions, application of the more favorable law means that when the law in force the time an act was committed and a law subsequently brought into force is different, the law which is more favorable should be applied. EHRC states that applying more stringent punishment to an offender on the grounds that more stringent punishment was in force when the time criminal offence was committed. Misdemeanors have been considered within the scope of criminal law by the Constitutional Court and the Constitutional Court accepts that the principle of the application of the more favorable law should be applied to misdemeanors. Danıştay (the Turkish Council of State) decides that “it should be take into account in terms of administrative sanctions, when a law which is the ground of punishment is set aside or more favorable law is brought into force”. Since administrative acts are reviewed during annulment cases, a law brought into force after an administrative act cannot affect the act retrospect. A law which is enters into force after an administrative act established, could set up a rule which has retrospective affect only if the rule clearly is an amnesty. After an administrative fine is imposed, applying criminal law principals to administrative law and administrative sanctions, in other words, rendering decision of annulment on the ground of the principle of the more favorable law betrays the trust on judicial bodies and law.

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Iqbal, Muhammad, and Rasji Rasji. "Legal Protection Against the Publication of Personal Data on the Supreme Court Site in Criminal Action Cases and Divorce." In 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021). Paris, France: Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.220404.173.

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"PROBLEMS OF COURTS CONSIDERING CRIMINAL CASES ON THEFULNESSING OF CASHLESS AND ELECTRONIC MONEY." In Current Issue of Law in the Banking Sphere. Samara State Economic University, 2019. http://dx.doi.org/10.46554/banking.forum-10.2019-199/203.

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Reports on the topic "International criminal courts – Cases"

1

Mehra, Tanya, and Julie Coleman. The Role of the UN Security Council in Countering Terrorism & Violent Extremism: The Limits of Criminalization? RESOLVE Network, October 2022. http://dx.doi.org/10.37805/sfi2022.4.

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After the 9/11 attacks, a united global community entered an era which saw the proliferation of United Nations entities and organs focused on responding to terrorism. These bodies were created, at least in part, in response to the recognized need for a comprehensive multilateral counter-terrorism architecture to ensure international peace and security in the face of the growing specter of violent extremism. This response has notably also included an array of UN Security Council resolutions (UNSCRs) adopted to counter the threat of terrorism. A little over 20 years after the adoption of Resolution 1373 (2001), 52 terrorism related resolutions now exist, creating an elaborate set of measures for Member States to implement. Despite this, however, terrorism was arguably more prevalent in 2021 than in 2001. A myriad of factors have led to the continued spread of terrorism, including the increasingly transnational nature of terrorists and terrorist networks, as well as the failure to adequately address the structural factors and underlying conditions that are conducive to the spread of violent extremism. In order to explain its persistence, one must not only examine the continued appeal of terrorist groups and violent extremist ideology and propaganda, but also reflect upon where, how, and why counter-terrorism responses have often failed to reduce the threat or, in some cases, even exacerbated the factors which give rise to terrorism in the first place. This includes the response of the Security Council, whose resolutions have created the obligation or expectation for Member States to continuously expand the criminalization of terrorism, without evidence that such an approach will lead to less terrorism. This brief focuses on how some UNSCRs include measures that require Member States to criminalize conduct that has historically fallen within the pre-crime space and lacks a clear link to terrorist activities, and examines the subsequent impact this has on human rights and the effectiveness of the criminal justice system. At the same time, it explores the role that States themselves have played in the exceptionalization of terrorism in terms of criminal justice responses. Finally, it offers recommendations for both the UNSC and Members States on how to ensure that counter-terrorism architecture can both be human-rights based and simultaneously conducive to promoting peace and security.

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