International Criminal Law

International Criminal Law

This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of ...

Author: M. Cherif Bassiouni

Publisher: BRILL

ISBN: 9789004165311

Category: Law

Page: 602

View: 249

Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4: Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of CriminalProceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).
Categories: Law

International Criminal Law Volume 2 Multilateral and Bilateral Enforcement Mechanisms

International Criminal Law  Volume 2 Multilateral and Bilateral Enforcement Mechanisms

That can easily be accomplished by national legislation,173 and through multilateral and bilateral treaties. ... freezing and seizing of assets derived from criminal proceeds, intelligence and law enforcement information-sharing, ...

Author: M. Cherif Bassiouni

Publisher: BRILL

ISBN: 9789047431442

Category: Law

Page: 642

View: 811

Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4:Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).
Categories: Law

International Criminal Law Volume 3 International Enforcement

International Criminal Law  Volume 3 International Enforcement

... VOLUME II: MULTILATERAL AND BILATERAL ENFORCEMENT MECHANISMS Chapter 1: Policies ... 1.3 Globalization of International Law Enforcement Mechanisms: Issues of Legality and Legitimacy Giuliana Ziccardi Capaldo & Michele Nino.

Author: M. Cherif Bassiouni

Publisher: BRILL

ISBN: 9789047431459

Category: Law

Page: 762

View: 980

Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victims’ Rights in International Law).
Categories: Law

International Criminal Law Volume 1 Sources Subjects and Contents

International Criminal Law  Volume 1 Sources  Subjects and Contents

... VOLUME II: MULTILATERAL AND BILATERAL ENFORCEMENT MECHANISMS Chapter ... and/or Extradite: Aut Dedere Aut Judicare M. Cherif Bassiouni 1.3 Globalization of International Law Enforcement Mechanisms: Issues of Legality and Legitimacy ...

Author: M. Cherif Bassiouni

Publisher: BRILL

ISBN: 9789047431435

Category: Law

Page: 1126

View: 503

Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).
Categories: Law

The Global Prosecution of Core Crimes under International Law

The Global Prosecution of Core Crimes under International Law

In: Bassiouni MC (ed) International Criminal Law: Multilateral and Bilateral Enforcement Mechanisms, Vol. II, 3rd edn. MNP, Leiden/Boston, pp. 153–199 Bassiouni MC (2008d) International Recognition of Victims' Rights.

Author: Christopher Soler

Publisher: Springer Nature

ISBN: 9789462653351

Category: Law

Page: 695

View: 312

This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
Categories: Law

Feminist Engagement with International Criminal Law

Feminist Engagement with International Criminal Law

UN General Assembly, Rome Statute of the International Criminal Court (last amended 2010), 17 July 1998, ... M Cherif Bassiouni, International Criminal Law: Multilateral and Bilateral Enforcement Mechanisms Volume II, 3rd edn (Leiden, ...

Author: Eithne Dowds

Publisher: Bloomsbury Publishing

ISBN: 9781509921904

Category: Law

Page: 280

View: 799

This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.
Categories: Law

The Principle of Mutual Trust in EU Criminal Law

The Principle of Mutual Trust in EU Criminal Law

Bassiouni, C, International Extradition and World Public Order (The Hague, Kluwer, 1974). —— International Criminal Law: Volume 2 Multilateral and Bilateral Enforcement Mechanisms, 3rd edn (Leiden, Martinus Nijhoff Publishers, 2008).

Author: Auke Willems

Publisher: Bloomsbury Publishing

ISBN: 9781509924554

Category: Law

Page: 352

View: 685

This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.
Categories: Law

Extradition Law

Extradition Law

Chryssikos, Demostenes, “Commentary on the United Nations Model Law on Extradition”, in M. Cherif Bassiouni (ed.), International Criminal Law, Vol. II: Multilateral and Bilateral Enforcement Mechanisms, 3rd ed., Leiden: Brill, ...

Author: Miguel João Costa

Publisher: BRILL

ISBN: 9789004411210

Category: Law

Page: 676

View: 182

This book contains an exhaustive analysis of extradition law and offers innovative perspectives thereon. It departs from both the classic paradigm and the mutual recognition approach, producing a new model based on respect for other States’ criminal justice idiosyncrasies.
Categories: Law

The Future of EU Criminal Justice Policy and Practice

The Future of EU Criminal Justice Policy and Practice

See P Gully-Hart, 'The European Approach to Extradition' in M Cherif Bassiouni (ed), International Criminal Law, Volume 2: Multilateral and Bilateral Enforcement Mechanisms (Martinus Nijhoff Publishers 2008)347.

Author: Jannemieke Ouwerkerk

Publisher: BRILL

ISBN: 9789004367371

Category: Law

Page: 276

View: 678

In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.
Categories: Law

Of Privacy and Power

Of Privacy and Power

Rules without Rights: Land, Labor, and Private Authority in the Global Economy. Oxford: Oxford University Press. Bassiouni, M. Cherif. 2008. International Criminal Law, Volume 2: Multilateral and Bilateral Enforcement Mechanisms.

Author: Henry Farrell

Publisher: Princeton University Press

ISBN: 9780691189956

Category: Political Science

Page:

View: 956

How disputes over privacy and security have shaped the relationship between the European Union and the United States and what this means for the future We live in an interconnected world, where security problems like terrorism are spilling across borders, and globalized data networks and e-commerce platforms are reshaping the world economy. This means that states’ jurisdictions and rule systems clash. How have they negotiated their differences over freedom and security? Of Privacy and Power investigates how the European Union and United States, the two major regulatory systems in world politics, have regulated privacy and security, and how their agreements and disputes have reshaped the transatlantic relationship. The transatlantic struggle over freedom and security has usually been depicted as a clash between a peace-loving European Union and a belligerent United States. Henry Farrell and Abraham Newman demonstrate how this misses the point. The real dispute was between two transnational coalitions—one favoring security, the other liberty—whose struggles have reshaped the politics of surveillance, e-commerce, and privacy rights. Looking at three large security debates in the period since 9/11, involving Passenger Name Record data, the SWIFT financial messaging controversy, and Edward Snowden’s revelations, the authors examine how the powers of border-spanning coalitions have waxed and waned. Globalization has enabled new strategies of action, which security agencies, interior ministries, privacy NGOs, bureaucrats, and other actors exploit as circumstances dictate. The first serious study of how the politics of surveillance has been transformed, Of Privacy and Power offers a fresh view of the role of information and power in a world of economic interdependence.
Categories: Political Science