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In: Oxford monographs on criminal law and justice
Engaging with the dominant contemporary literature on criminal law, prevention, risk, security and criminalisation, this text deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. It reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition
In: Social & legal studies: an international journal, Band 23, Heft 1, S. 73-92
ISSN: 1461-7390
This article considers how international criminal courts produce knowledge about women's experiences of large-scale violence. In 2001, the International Criminal Tribunal for Yugoslavia concluded that the crime of genocide had been committed in Srebrenica in 1995 and that the patriarchal nature of the Bosnian Muslim community was key to the genocide. This paper examines the processes by which the trial and appeal chambers came to know, and author an account of this community as patriarchal. I examine the transcripts of three witnesses who testified about the surviving community of Bosnian Muslim women, tracing how evidence was shaped and reshaped in the courtroom and then in the trial and appeal judgments. I argue here for the importance of exploring the mediating practices and actors that produce legal knowledge, to better understand how complex recognition of gendered harm unfolds, and is sometimes curtailed, through international criminal adjudication.
In the article the author argues that criminal legal awareness is an element of public legal consciousness, which is a set of legal views and feelings, legal ideals, ideas, theories, concepts that are normative in nature and include both knowledge of criminal law phenomena and assessment them in terms of social justice, as well as new legal requirements for improving criminal law regulation and criminal law protection of public relations of goods and interests, the practice of their application that reflect economic and political needs and interests of social development. The formation of criminal law legal consciousness is a complex and ambiguous process that takes place under the influence of many factors - socio-economic, sociopolitical, psychological and others. In it a significant role belongs to the ratio of criminal law legal consciousness with moral consciousness. Only with their complete coincidence can we talk about the morality of criminal law legal consciousness, and in the end, when through the criminal law ideology the latter is transformed into the rule of law, and the morality of criminal law. The article argues that the national criminal law mentality is a holistic system of mental, emotional, cultural characteristics, values and attitudes of the people, which reflects the assessment of criminal law as a system of regulation and protection of critical social relations, benefits and interests and practices of its application that takes place on the basis of historical dimension and formed on the basis of this general requirements for legislative and law enforcement processes.
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In: Proceedings of the annual meeting / American Society of International Law, Band 103, S. 256-259
ISSN: 2169-1118
Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.
Over the years the European Union has expanded its legislation in the area of criminal law, criminal procedure and co-operation in criminal matters. This process led to an endless number of framework decisions, directives, regulations and other legal instruments. The fourth edition of 'Materials on European Criminal Law' is a collection of legal instruments including all legal materials relevant for the practice of the Member States of the European Union in one concise volume. It incorporates the most relevant instruments in criminal law, and includes the most recent, such as the Trade and Cooperation Agreement with the United Kingdom
In: Contemporary crises: crime, law, social policy, Band 5, Heft 4, S. 385-394
ISSN: 0378-1100
What is Transnational Crime? -- What is Transnational Criminal Law? -- Piracy and Maritime Safety Offences -- Slavery and Human Trafficking -- Migrant Smuggling -- Drug Trafficking -- Terrorism -- Transnational Organized Crime -- Corruption -- Money Laundering -- Cybercrimes -- Environmental Crimes -- Firearms Trafficking -- Illicit Traffic in Cultural Property -- Emerging Transnational Crimes -- Jurisdiction -- International Law Enforcement Cooperation -- Legal Assistance -- Asset Recovery -- Extradition of Transnational Criminals -- Institutions -- Implementation and Compliance -- The Future Development of Transnational Criminal Law
In: Essentials of Canadian law
"A society's response to young offenders conveys important messages about its attitude to youth and has a significant implications for its futue. This book is intended to give an introduction to the laws governing young people who come into conflict with the law. It has a particular focus on Canada's Youth Criminal Justice Act." "While the primary focus of this book is on the legal issues that arise in the youth justice system, the book is premised on the belief that youth justice issues must be understood in a broader context. This book includes some discussion of constitutional, evidentiary, and procedural issues that are relevant to youth justice; it also explores some of the ethical and practical issues that confront lawyers and other professionals working in the youth justice system. The book considers the broader social and political context for issues of adolescent offending and youth justice."--BOOK JACKET
This paper summarizes the main items discussed on the symposium on "Legal Issues Concerning the U.S. Military Bases" in April 1988. The legal issues especially are: jurisdiction over criminal acts committed by American officials and servicemen; exploitation, preservation and conservation of the natural resources in the baselands; taxes; increased salaries for the Filipino employees, laborers and workers, etc. (DÜI-Sbt)
World Affairs Online
This textbook provides students and law enforcement officers with the fundamentals of the criminal investigation process, from arrival on the scene to trial procedures. Written in a clear and simple style, Criminal Investigation: Law and Practice surpasses traditional texts by presenting a unique combination of legal, technical, and procedural aspects of the criminal investigation. The hands-on approach taken by the author helps to increase the learning experience.Criminal Investigation: Law and Practice, Second Edition, has been written to provide future law enforcement officers wit.
Although as old as politics itself, terrorism as an international security problem has not yet received its unique definition. The purpose of this paper is to consider the necessity having a generally accepted definition of terrorism in the form of political violence as the basis on which terrorism will find its place in international criminal law. The first part of the paper is dedicated to the general consideration of international criminal law and the International Criminal Court. The second part of the paper examines the existing definitions of terrorism and analyzes terrorism as a crime in international criminal law. Terrorism has long transcended national borders and is no longer a threat only to sovereign states but also to international peace and the security of both the individual and society as a whole. With the expansion of terrorism and increasingly brutal ways of expressing this type of crime, there is a need for even closer international criminal cooperation of sovereign states in the development of legal mechanisms for the prevention and punishment of perpetrators of these criminal acts. By reviewing relevant literature concerning itself with such topics and comparing different understandings of the concept of terrorism from legal, political, and security science sources, we conclude that clarifying the definition of terrorism as an international security problem will, lead to its complete characterization as an international criminal act.
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