The study is located within international law and seeks to determine whether prosecuting the crime of aggression would necessarily entail an abuse of the legal process. Issues discussed in the book are the controversies over the location of debating the crime of aggression in either law or politics and the legal approach to the problems outlined. The application of the legal method is also examined. Taking examples from Libya, the Ivory Coast and Kenya, the work is of interest to those working in the areas of international criminal justice, international law, legal theory, and international re.
Substantive criminal law regulation of European countries share major similarities. The reason behind this phenomenon is the fact that certain cultural aspects have had their influence on most of the societies of the continent. Discussing the roots of the common European culture, we have to emphasize the role of Christianity, the legacy of Greek philosophers and the reception of Roman law. Nevertheless, the concept of certain criminal offences may diverge because of the different legal approaches of the same problems. Taking a simple example, the system of public education is probably regulated in detail by the majority of countries. However, the way of regulation highly depends on the values followed by the specific society. Sticking to our example, at what age should a child start to attend elementary school? Obviously, there is no universally acceptable answer to this question. If we imagined a legal system where the failure of making our children attend school is considered a crime, then the rules of compulsory school attendance would be, implicitly, a fundamental part of the definition of this offence. This absurd experiment of thought clarifies that a comparative analysis in the field of criminal law may reveal considerable differences even between resembling legal systems whenever a criminal offence is based on administrative law regulation. That is why the examination of the concept of illegal gambling is a promising field of research: due to a variety of reasons, it is without a doubt that each country has its own instruments to punish this kind of activity, but legal definitions and applied methods are most likely not alike. In the present paper, we introduce a Western, a Central and an Eastern European example to demonstrate diverse approaches. After that, we attempt to outline the essential characteristics of a globally significant, serious social problem, the compulsive gambling to see which strategy proves to be the most suitable to treat it.
This article examine the problems raised by amnesty in the domestic and international legal order in the context of national reconciliation. It examines the scope and limits of the amnesty law, justifying it by the exceptions made for international crimes and violations as far as international humanitarian law is concerned. Indeed, this paper deals with the domestic and international legal aspects of non-amnesty crimes that are recognized under conventional and customary international law as imprescriptible, through the experience of specialized international courts on the subject such as those of Rwanda, Sierra Leone, and the ICC.
The study of the constitutional and legal basis of the status of migrants will allow to determine and summarize the rights and obligations of these persons, which significantly affect the formation of legal social order. This article discusses the constitutional, legal and administrative basis of the status of migrants, regulated by the legislation of the Russian Federation. Considering the issue of the current state of the migration legislation of the Russian Federation, the theoretical aspect of migration as the mobilization of people to change their permanent residence is highlighted. The causes of this phenomenon and the classification of categories of migrants are determined. The definitions of external and internal migrants are differentiated, on the basis of which the constitutional norms of foreign persons who entered the territory of the Russian Federation are further studied. According to Federal laws, the basic rights and obligations of immigrants who entered the Russian Federation for different definitions of reasons and circumstances are distinguished. The article considers the administrative and legal basis of the status of migrants in the context of a violation of the rule of law according to the norms of the Code of administrative violations. The Institute of citizenship is singled out as a status that directly affects the scope of individual rights and freedoms, which allows it to be singled out as a special status of a migrant. In conclusion, the above topic is summarized
Introduction -- Origins of complicity: domestic law intake -- The evolution of complicity as a construction for dealing with collective criminality -- Complicity in the jurisprudence of the ad hoc tribunals and hybrid courts -- Complicity and the hierarchy of the participation modes at the icc -- Complicity in international criminal law and law of state responsibility : comparative analysis -- Correlation between complicity and sentencing -- Conclusion : the place of complicity in international criminal law
In a decade defined by fake news, nations have weaponized disinformation to attack political, legal, and social systems throughout the world. Specifically, in recent years, government leaders have spread fake news about the International Criminal Court ("ICC") in efforts to turn public opinion against the ICC and deter its attempts to investigate and prosecute controversial cases. Given the ICC's reliance on state party cooperation, not only does this use of fake news hamper the Court's likelihood of successfully prosecuting crimes that are of most concern to the international community, but it also promotes a version of history that denies victims both truth and justice. This paper will specifically examine how the governments of the United States and Israel have utilized fake news to deter ongoing ICC investigations into crimes allegedly committed by U.S. and Israeli nationals, and the detrimental effects of these news campaigns. This paper will then identify changes necessary to better protect the ICC—and international criminal law more generally—against fake news campaigns, including the need for greater clarity and widespread global knowledge of the ICC's powers and jurisdictional reach.
In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. ; https://scholarship.law.columbia.edu/books/1078/thumbnail.jpg
