Suchergebnisse

This guide is intended to provide an introduction to criminal law in Zimbabwe. It refers to the leading and illustrative cases of Zimbabwe and, as a supplement, to South African cases

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

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

"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

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

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

Contents -- List of Contributors -- The Shifting Meaning of Legal Certainty -- 1 The Shifting Meaning of Legal Certainty -- 2 Chapters -- Part I: Perspectives from Private Law -- Comments on Legal Certainty from the Perspective of European, Austrian and Japanese Private Law -- 1 Introduction -- 2 The Notion of Legal Certainty in General and in Private Law in Particular -- 3 Legal Certainty Discussed with the Example of EU Private Law -- 4 Legal Certainty Discussed with the Example of Austrian Private Law -- 5 Legal Certainty Discussed with the Example of Japanese Private Law

Hard and soft law developed by international and regional organizations, transgovernmental networks, and international courts increasingly shape rules, procedures, and practices governing criminalization, policing, prosecution, and punishment. This dynamic calls into question traditional approaches that study criminal justice from a predominantly national perspective, or that dichotomize the study of international from national criminal law. Building on socio-legal theories of transnational legal ordering, this book develops a new approach for studying the interaction between international and domestic criminal law and practice. Distinguished scholars from different disciplines apply this approach in ten case studies of transnational legal ordering that address transnational crimes such as money laundering, corruption, and human trafficking, international crimes such as mass atrocities, and human rights abuses in law enforcement. The book provides a comprehensive treatment of the changing transnational nature of criminal justice policymaking and practice in today's globalized world.