Suchergebnisse

Welche Chancen und Probleme bietet der Verweis auf Menschenrechte bei der Definition völkerstrafrechtlich relevanter Verbrechen? Unter welchen Voraussetzungen ist ein Verweis auf den Katalog des internationalen Menschenrechtsschutz dogmatisch angemessen und praktisch wahrscheinlich? Diese Fragen werden sowohl rechtstheoretisch, in der tatsächlichen Rechtsanwendung als auch empirisch durch Gespräche mit Richterinnen und Richtern an völkerstrafrechtlichen Gerichten ergründet.Durch das Aufzeigen der Gemeinsamkeiten und Unterschiede der beiden Rechtsgebiete, der vorherrschenden dogmatischen Unschärfen sowie Ansätzen zu deren Lösung, leistet der Band einen entscheidenden Beitrag zur Debatte über Rechtssicherheit und Innovation im Bereich des Völkerstrafrechts

Article 83(2) TFEU, introduced by the Treaty of Lisbon, confers a power on the EU to harmonise Member States' legislation to define criminal offences and criminal sanctions. Nonetheless, uncertainty persists as to whether this provision exhaustively determines the EU's power to adopt criminal law to enforce its policies. The article outlines the core case for viewing art.83(2) TFEU as a lex specialis. It argues that the post-Lisbon constitutional design, alongside principled and teleological considerations, support a Member State centred approach for criminal law competence. This is particularly the case with regard to the adoption of harmonisation measures.

Theory of international criminal law -- Principles of liability and participation in international criminal law -- Defences in international criminal law -- State jurisdiction and immunities -- War crimes and grave breaches -- Crimes against humanity -- Genocide -- Offences against the person -- International criminal law of the sea -- Terrorism -- Transnational offences 1 -- Transnational offences 2 -- Extradition -- Abduction -- Mutual legal assistance -- Mutual legal assistance : national perspectives -- International police co-operation -- Evidence before the ad hoc tribunals -- Nuremberg, Tokyo and the birth of modern international criminal law -- The international tribunals for Yugoslavia and Rwanda -- The permanent international criminal court -- Internationalised domestic criminal tribunals

This article explores the relationship between law and social work. It navigates the importance of the relationship and the similarities and differences between the objectives of legal and social work practitioners. It critically reviews transnational conventions and how individual countries have legislated to safeguard and promote the welfare of children and adults at risk. It reflects on how far nation-states uphold human rights and the rule of law and evaluates how social work has been positioned and has performed in different legislative contexts.

The growing inter-relatedness between EC and EU law with national criminal law can be well illustrated with the example of enforcement of EU law. Criminal law is one of the latest examples of increasing European integration within the perimeters of explicit competences of EU/EC law which additionally is driven ahead by what functionalist theories of European integration might refer to as a spill-over of approaches. Necessities of crossborder crime and criminal enforcement make cooperation necessary. The latter takes place to a certain degree on the basis of positive law established on the basis of the Treaties. It also takes place in the context of evolutionary development of what one might refer to as 'administrative networks.'

"The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?"--Bloomsbury Publishing

The article provides a comparative legal analysis of the criminal law of the CIS member states, the content of the norms defining the scope of criminal law. The author compares the approaches of criminal law on the territory of the CIS, the legal consequences of conviction for crimes committed in a foreign state, issues of extradition, timeliness, retroactive force of the criminal law recognized in the legislation of the CIS member states. On the basis of their positive experience, well grounded proposals and comments were made to improve the criminal legislation.

Introduction to American criminal law concepts -- Comparing tribal criminal law and American criminal law -- Using American criminal law to control American Indian Nations -- Traditional law today -- Introduction : what is criminal jurisdiction? -- Traditional criminal jurisdiction -- Limitations on tribal criminal jurisdiction imposed by the United States -- Exercising jurisdiction over crimes committed by non-Indians -- Criminal jurisdiction as defined by tribal courts -- Tribal criminal jurisdiction reform : the Tribal Law and Order Act and the Violence Against Women Act -- State and tribal court collaboration -- Overview of criminal laws : statutes and procedures -- The mental state -- A closer look at criminal elements -- Is helping a criminal act? Preliminary crimes and accomplice liability -- Criminal defenses -- The burden of proof -- Rights of criminal defenders -- The law of arrest -- Interrogations and confessions : the right to remain silent -- Search and seizure -- The Exclusionary Rule : remedies for civil rights violations --The right to an attorney/advocate -- Defendant rights at trial -- Victims' rights -- Sentencing : fines and incarceration -- Tribal restorative justice

Purpose – The purpose of this article is to provide the reader with some information on the development of liability of legal persons for violations of international criminal law, its implementation practice in common and civil law countries as well as its perspectives of development in the European Union.

1 History, Principles and Institutions -- 2 Harmonisation and Competence -- 3 Mutual Recognition: Prosecution, Jurisdiction and Trust in an 'Area' of Freedom, Security and Justice -- 4 Bodies, Offices and Agencies -- 5 Databases: Reconfiguring the Relationship between Security and Privacy -- 6 The External Dimension -- Conclusion: Is Criminal Law a Special Case in the EU Legal Order?

This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor

The Art of Legal Problem Solving: A Criminal Law Approach is a sophisticated skills book designed to help students develop the problem-solving techniques necessary for their legal careers. This succinct yet comprehensive book provides the perfect mix of general instruction and specific examples to encourage students to think about problems both in depth and broadly. It follows a clear roadmap presented in a logical progression, beginning with the fundamentals, fact finding and statutory interpretation before turning to the advanced areas of analysing and writing answers to problem questions. While written primarily for criminal law students, the skills imparted are generic and can be applied equally in any area of the law and in any jurisdiction. The Art of Legal Problem Solving is an indispensable work for law students who want to not only improve their problem-solving skills but master them.

International crimes and universal jurisdiction / Win-chiat Lee State sovereignty as an obstacle to international criminal law / Kristen Hessler International criminal courts, the rule of law, and the prevention of harm : building justice in times of injustice / Leslie P. Francis and John G. Francis Criminalizing culture / Helen Stacy Identifying groups in genocide cases / Larry May Prosecuting corporations for international crimes : the role for domestic criminal law / Joanna Kyriakakis Post war environmental damage : a study in jus post bellum / Douglas Lackey On state self-defense and Guantanamo Bay / Steve Viner Politicizing human rights (using international law) / Anat Biletzki The justification of punishment in the international context / Deirdre Golash Political reconciliation and international criminal trials / Colleen Murphy