Описание: Founded by the late Otto Triffterer this leading commentary contains a detailed article-by-article analysis of the Rome Statute of the International Criminal Court (ICC) by eminent legal practitioners and scholars in the field of international criminal law. The commentary explains the content of the various articles in a broader sense, including their drafting history, their impact on International Criminal Law, and their relation to other sources of the ICC such as the Rules of Procedure and Evidence, and the Regulations of the Court and the Prosecution.
The fourth edition has been thoroughly revised, updated and complemented with further resources. It contains up-to-date case law (including a Table of Cases), literature and legislative developments at the ICC in a clearly structured manner, and will continue to provide a useful guide for both practitioners and academics in various capacities.
Описание: This book analyses Article 3 of the UN Convention on the Rights of the Child, recognising the child`s best interests as a primary consideration, and its implementation around the world. It will appeal to policymakers, legislators, lawyers, children`s services personnel, and academics and students of law, humanities and the social sciences.
Описание: The Rome Statute of the International Criminal Court defines more than ninety crimes - genocide, other crimes against humanity, war crimes and aggression - and gives rise to countless questions of interpretation for students, scholars and practitioners of international law. This book offers the first detailed and practical approach for tackling these questions.
Описание: After the crime of aggression was adopted under the Rome Statute of the International Criminal Court, Carrie McDougall used her intimate involvement in the crime's negotiations, combined with extensive scholarly reflection to produce the first and most comprehensive academic study. This updated second edition offers an exhaustive and sophisticated legal analysis of the crime's definition, as well as the provisions governing the ICC's exercise of jurisdiction over the crime. It explores the desirability of holding individuals to account for unlawful uses of inter-State armed force, the geo-political significance of the crime and a range of practical issues likely to arise in prosecutions before both the ICC and domestic courts. This book is highly relevant to all academics and practitioners interested in the crime of aggression, as well as broader issues relating to the prohibition of the use of force, international criminal law and the ICC.
Автор: Andreas Zimmermann, Elisa Freiburg Название: Aggression under the Rome Statute ISBN: 1509924051 ISBN-13(EAN): 9781509924059 Издательство: Bloomsbury Academic Рейтинг: Цена: 26928.00 р. Наличие на складе: Нет в наличии.
Описание: This book aims to offer an in-depth analysis of the crime of aggression as covered by the Rome Statute of the International Criminal Court. Starting from the legal history of its inclusion in 2010, it analyses the relevant articles 8bis, 15bis and 15ter of the Rome Statute – covering the definition of the crime of aggression, the exercise of jurisdiction over the crime of aggression through State referrals and the proprio motu powers of the ICC Prosecutor, and the exercise of jurisdiction over the crime of aggression through UN Security Council referrals. Likewise, the book covers upcoming developments on the crime of aggression and the ICC post-2017. It addresses the various challenges towards activating the Court’s jurisdiction, in particular, the necessary vote required for activation, as well as the significant challenges faced by the three ways in which the Court may exercise such jurisdiction.
Описание: The Rome Statute of the International Criminal Court defines more than ninety crimes - genocide, other crimes against humanity, war crimes and aggression - and gives rise to countless questions of interpretation for students, scholars and practitioners of international law. This book offers the first detailed and practical approach for tackling these questions.
1. Introduction.- 2. Historical and Comparative Perspectives.- 3. Methodological Issues.- 4. The Various Components of ECHR Article 6(1).- 5. Fundamental Aspects of the 'Fair Hearing' Right.- 6. The 'Response' Issue.- 7. The 'Oral Hearing' Issue.- 8. The 'Personal Participation' Issue.- 9. The 'Evidence' Issue.- 10. The 'Legal Aid' Issue.- 11. Conclusion.
Описание: This book provides a brief intellectual and constitutional history of the Article V amending process from the Imperial Crisis until the present and shows Article V to be a vital part of the Constitutional architecture.
This book theorises and concretises the idea of 'absolute rights' in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an 'absolute right' in human rights law is and draws out how such a right's delimitation may remain faithful to its absolute character. Concretising these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is and ought to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right's 'fringes': from the aggravated wrong of torture, to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation.
Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and offer the groundwork for transparently and coherently (re)interpreting the right's contours in line with its absolute character.
Описание: The Article 6 fair trial rights are the most heavily-litigated Convention rights before the Strasbourg Court, generating a large and complex body of case law. This book provides an innovative and critical analysis of Strasbourg`s Article 6 case law.
Описание: An essential companion to any practitioner and academic working with human rights law, in particular the European Convention on Human Rights. Article 13 ECHR is the most important provision on remedies in the European context. Remedies have significant consequences for how any human right is secured and enforced.
Описание: Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans beyond what is enumerated within Article 2. With the belief that Article 2 is still relevant, this book investigates how the right to life can be better protected within Europe. It advocates for the modernisation of Article 2 through codifying legislative and judicial developments relevant to this provision in the form of guidelines. It also considers the improvements that can be made by the Council of Europe (CoE) bodies – the European Court of Human Rights (ECtHR), the Committee of Ministers (CoM), the Parliamentary Assembly of the Council of Europe (PACE) and the CoE Commissioner for Human Rights – to encourage adherence to Article 2 and promote effective remedies to prevent future violations. It uses the experience from four internal European conflicts – the Basque conflict, the Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.
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