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International Society—The Duty Either to Extradite or Prosecute

Jason Ralph

in Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.003.0003
Subject:
Political Science, International Relations and Politics

This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a ... 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


Underlying Offences

Guenael Mettraux

in The Law of Command Responsibility

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559329
eISBN:
9780191705304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559329.003.0008
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter deals with the underlying crimes committed by subordinates of the accused and in relation to which he is being prosecuted or charged. It also deals with the question of whether a ... More


Peremptory Norms and the Allocation of Jurisdiction to States

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0010
Subject:
Law, Public International Law

This chapter focuses on universal criminal jurisdiction and duty to prosecute serious international crimes as incidences of jus cogens, and expands on the available evidence. Universal civil ... More


Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State

Christine Bakker

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the positive human rights obligations of the host states of private military and security companies (PMSCs). It considers the duties to prevent violations; to investigate them ... More


Still little justice for rape victim survivors: the void between policy and practice in England and Wales

Nicole Westmarland

in International approaches to rape

Published in print:
2011
Published Online:
March 2012
ISBN:
9781847426208
eISBN:
9781447302629
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847426208.003.0005
Subject:
Sociology, Comparative and Historical Sociology

This chapter explains the national context and gives an overview of law and policy, focusing particularly on developments during the reign of the New Labour government from 1997–2010. It describes ... More


Inside the Courtroom

in The Trial in American Life

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226243252
eISBN:
9780226243283
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226243283.003.0002
Subject:
History, Cultural History

The catalog of performers in a trial include the presiding judge, the prosecuting attorney, the defense counsel, the witness, the jury, the defendant, and the victim. Judges in an American courtroom ... More


The Limits of Applicable Crime-suppression Conventions

Henri Decoeur

in Confronting the Shadow State: An International Law Perspective on State Organized Crime

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198823933
eISBN:
9780191862649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198823933.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 4 highlights the limits of applicable crime-suppression conventions in cases of state organized crime, analysing the practical and normative shortcomings of relevant treaty provisions as well ... More


A Convention for the Suppression of State Organized Crime

Henri Decoeur

in Confronting the Shadow State: An International Law Perspective on State Organized Crime

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198823933
eISBN:
9780191862649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198823933.003.0007
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 6 proposes the adoption and discusses the contents of a universal treaty by which states parties would undertake to criminalize state organized crime specifically, to adopt provisions in ... More


Unmasking the Challenges: Interrogation and International Law

Gloria Gaggioli and Pavle Kilibarda

in Interrogation and Torture: Integrating Efficacy with Law and Morality

Published in print:
2020
Published Online:
January 2020
ISBN:
9780190097523
eISBN:
9780190097554
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190097523.003.0014
Subject:
Law, Human Rights and Immigration, Legal Profession and Ethics

International human rights law and international humanitarian law absolutely prohibit all forms of torture and cruel, inhuman, or degrading treatment (CIDT) at all times and against anyone, even the ... More


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