This article explores, whether domestic judges might be held accountable under international criminal law (ICL). To date, international criminal justice has almost entirely focused on prosecuting political or military leaders. The Justice Case tried before the Nuremberg Military Tribunal in 1946 marks the most prominent exception. Prior to it, the judiciary – otherwise considered the epitome of justice – had mutated into a murderous machinery under Nazi rule. Judicial decisions do have far-reaching implications possibly constituting or contributing to international crimes. This holds true in a wide range of cases, for instance on practices of warfare and torture, on the use of certain weapon technologies, or on policies relating to minorities or racial segregation. I argue that domestic judges are accountable when engaging in international crimes. The article delves into technical aspects of criminal law; as well as the notions of judicial independence and immunity. While guaranteeing the rule of law, these two notions challenge the core idea of ICL: its equal application vis-à-vis all perpetrators of international crimes irrespective of official capacity. In order to differentiate due judicial conduct and its abuse in violation of ICL, I suggest a threshold a judicial act needs to exceed for entailing accountability for an international crime.
Expansive criminal justice arenas have for centuries been marked by tenaciously unequal representations of the race, class, ethnicity and gender of the subjects they capture and punish. Although the phenomenon has been analysed in several ways, this article focuses on the influence of criminal justice in an eclipsed dimension of colonial settings, namely, the political logic deployed to enunciate legal persons that simultaneously defined criminal law's jurisdiction and objects of regulation. This politics is nicely illustrated by law directed at crimes at the Cape of Good Hope during extraordinarily unsettled times circa 1795, where unequal categories of legal personhood were assigned to those involved with crime. These categories were subsequently targeted for different intensities of legal force. Versions of this basic logic have resounded over the centuries; using the Cape's rich archive as an illustrative example, one glimpses how differentiated conceptions of the legal person help to sustain inequalities that fuel the disproportions of many criminal justice institutions nowadays.
The present study legal analysis of the legal aspects of violations of labor rights of men and citizen in mod-ern Russian criminal law, which is currently, despite the urgency of the problem, little studied area, both from the point of view of the theory and from the practical point of view.
The application of European Union law in criminal matters has raised numerous discussions in domestic law. The priority application of European Union law raised the issue of guaranteeing fundamental human rights and freedoms if the internal standard is higher than the European Union standard. The jurisprudence of the Court of Justice of the European Union has established in numerous cases the priority nature of European Union law over domestic law.
Cover; Title; Copyright; Preface; About the author; Contents; 01 General principles of English construction law; 1.1 What do we mean by 'law?; 1.2 Why legal knowledge is valuable to architects; 1.3 Where does law come from?; 1.4 Law is not static -- it evolves; 1.5 Language and law; Chapter summary; 02 The laws of contract and tort; 2.1 The civil legal obligations of an architect; 2.2 The law of contract; 2.3 The law of tort; 2.4 Limitation periods; 2.5 Working overseas; Chapter summary; 03 Professional appointments generally; 3.1 The need for a written appointment; 3.2 Execution of documents
Zugriffsoptionen:
Die folgenden Links führen aus den jeweiligen lokalen Bibliotheken zum Volltext:
Legality in criminal law, its purposes, and its competitors -- A partial history to World War II -- Nuremberg, Tokyo, and other Post-War cases -- Modern development of international human rights law : practice involving multilateral treaties and the Universal Declaration of Human Rights -- Modern comparative law development : national provisions concerning legality -- Legality in the modern international and internationalized criminal courts and tribunals (with a note on legality in internationally-supervised trust territories) -- Legality as a rule of customary international law today