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The Impact of Human Rights Law on General International Law

Menno T. Kamminga and Martin Scheinin (eds)

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and ... More


Judicial Creativity at the International Criminal Tribunals

Shane Darcy and Joseph Powderly (eds)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

As the International Criminal Tribunals for the former Yugoslavia and Rwanda enter the final phase of their work, it is an appropriate time to reflect on the significant contribution that these ... More


Prosecuting Serious Human Rights Violations

Anja Seibert-Fohr

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.001.0001
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

Criminal punishment is increasingly regarded as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious ... More


Judicial Creativity and Joint Criminal Enterprise

Mohamed Shahabuddeen

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the theory of joint criminal enterprise as a form of criminal liability before the ad hoc Tribunals. It provides a comparative analysis of the competing doctrines of joint ... More


Judicial Development of the Law of Defences by the International Criminal Tribunals

Caroline Fournet

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

While necessarily central to the efficacy and legitimacy of international criminal justice, the law relating to the permissible defences is yet to be definitively codified. The Statutes of both the ... More


General Principles of Law, Judicial Creativity, and the Development of International Criminal Law

Fabián O Raimondo

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the manner in which the ad hoc International Criminal Tribunals have utilized general principles of law in filling substantive and procedural legal gaps. While general ... More


The Reinvention of War Crimes by the International Criminal Tribunals

Shane Darcy

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores how judicial creativity at the ad hoc Tribunals has led to a reinvention of the law of war crimes, arguably the most far-reaching jurisprudential contribution of the Tribunals. ... More


Genocide and Political Groups

David L. Nersessian

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This book provides an examination of the crime of genocide in connection with political groups. It offers an empirical study of the current status of political groups under customary international ... More


The Case for a Crime of Political Genocide

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter discusses why political genocide should be proscribed as a separate international crime. It evaluates political genocide in light of the underlying theoretical justifications for ... More


Conclusion

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0008
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

Since this entire study provides evidence of a growing convergence of human rights and international criminal law, this last chapter presents an evaluation of that new trend in international law. It ... More


Political Genocide and Customary International Law

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the question of whether, as some suggest, political genocide is prohibited already by virtue of post-Convention developments in customary international law. It discusses the ... More


Omission Liability at the International Criminal Tribunals—A Case for Reform

Gideon Boas

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks at the development of aiding and abetting by omission as a form of individual criminal responsibility by the ad hoc Tribunals. In a critical analysis of the existing case law, it ... More


Introduction: The International Criminal Tribunals and the Judicial Development of International Criminal Law

Shane Darcy and Joseph Powderly

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter sets the foundations for the ensuing discussion of the role of judicial creativity in the development of core aspects of international criminal law as evidenced in the ... More


Judicial Interpretation at the Ad Hoc Tribunals: Method From Chaos?

Joseph Powderly

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

The absence from the Statutes of the ad hoc Tribunals of a provision explicitly setting down the interpretational methodology to be applied by the bench ensured that the only barrier to judicial ... More


Using Custom to Reconceptualize Crimes Against Humanity

Larissa van den Herik

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the customary international law basis for the development of the definition of crimes against humanity before the ad hoc Tribunals. It argues that the approach taken by the ad ... More


The Ad Hoc Tribunals and the Law of Command Responsibility: A Quiet Earthquake

Robert Cryer

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks at the judicial development of the doctrine of command responsibility before the ad hoc Tribunals. It demonstrates that despite command responsibility having a firm basis as a form ... More


Trying Cases at the International Criminal Tribunals in the Absence of the Accused?

Håkan Friman

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0015
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the judicial treatment of procedural rules at the bench through the lens of in absentia trials and the substitute Rule 61 procedure developed by the ad hoc Tribunals. It ... More


The ‘Defence of Necessity’ as Legal Grounds for Torture

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0019
Subject:
Law, Human Rights and Immigration

This chapter analyzes national and international legal materials to consider the viability of the ‘defence of necessity’ (DoN) as legal grounds for torturing in a ticking bomb situation. As the ... More


Creating a Definition of Rape in International Law: The Contribution of the International Criminal Tribunals

Niamh Hayes

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the attempts by the judges of the Yugoslavia and Rwanda Tribunals to identify and develop a coherent and workable definition of rape as an international crime. It traces the ... More


Part IV—Introduction

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0017
Subject:
Law, Human Rights and Immigration

This chapter introduces Part IV, where three issues raised by the discussion of the models in Part III are to be examined. The question of whether or not the interrogation methods used in the US and ... More


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