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An introduction to international criminal law and procedure / Robert Cryer [and three others].
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Title:An introduction to international criminal law and procedure / Robert Cryer [and three others].
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Author/Creator:Cryer, Robert, author.
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Other Contributors/Collections:Cryer, Robert, author.
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Published/Created:Cambridge, United Kingdom : Cambridge University Press, 2014.
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Holdings
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KZ7000 .I587 2014
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:International crimes.
Criminal procedure (International law)
International criminal courts.
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Edition:Third edition.
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Description:lxxxvii, 616 pages ; 25 cm
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Summary:"By offering both a comprehensive update and new material reflecting the continuing development of the subject, this continues to be the leading textbook on international criminal law. Its experienced author team draws on its combined expertise as teachers, scholars and practitioners to offer an authoritative survey of the field. The third edition contains new material on the theory of international criminal law, the practice of international criminal tribunals, the developing case law on principles of liability and procedures and new practice on immunities. It offers valuable supporting online materials such as case studies, worked examples and study guides. Retaining its comprehensive coverage, clarity and critical analysis, it remains essential reading for all in the field"--Provided by publisher.
"The international criminal courts and tribunals which deal with perpetrators of atrocities are an established part of the effort to bring an end to impunity for international crimes. This leading textbook gives an authoritative account of international criminal law, and focuses on what the student needs to know - the crimes that are dealt with by international courts and tribunals as well as the procedures that govern the investigation and prosecution of those crimes. The reader is guided through controversies with an accessible, yet sophisticated, approach. The four authors have rich experience as lawyers in this field, as teachers of the subject, and as negotiators at the establishment of the International Criminal Court (ICC). The book covers new developments in the case law and the practice and is essential reading for students and teachers of international criminal law and international relations. It is supplemented by a package of online resources (www.cambridge.org/law/cryer), which offers convenient access to primary sources, excerpts for supplementary reading, problems and questions for reflection and discussion, and materials for exercises and simulations. Robert Cryer is Professor of International and Criminal Law at the University of Birmingham. Hn Friman is is an Associate Judge of Appeals in Sweden and Deputy Director of the Division of Criminal Law at the Swedish Ministry of Justice. He is Visiting Professor at University College London. Darryl Robinson is a professor at Queen's University, Faculty of Law, Kingston, Canada. Elizabeth Wilmshurst is a senior fellow in international law at Chatham House and Visiting Professor at University College London"--Provided by publisher.
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Notes:Revision of: Introduction to international criminal law and procedure. Cambridge : Cambridge University Press, 2010.
Includes bibliographical references and index.
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ISBN:9781107065901 (hardback)
1107065909 (hardback)
9781107698833 (paperback)
1107698839 (paperback)
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Contents:Machine generated contents note: pt. A Introduction
1. Introduction: What Is International Criminal Law?
1.1. International criminal law
1.2. Other concepts of international criminal law
1.3. Sources of international criminal law
1.4. International criminal law and other areas of law
1.5. body of criminal law
1.6. International criminal law and philosophy
Further reading
2. Aims, Objectives and Justifications of International Criminal Law
2.1. Introduction
2.2. What international criminal justice is for
2.3. Broader goals
2.4. Other critiques of criminal accountability
Further reading
pt. B Prosecutions in National Courts
3. Jurisdiction
3.1. Introduction
3.2. forms of jurisdiction
3.3. Conceptual matters
3.4. `traditional' heads of jurisdiction
3.5. Universal jurisdiction
Further reading
4. National Prosecutions of International Crimes
4.1. Introduction
4.2. National prosecutions
4.3. State obligations to prosecute or extradite
4.4. Domestic criminal law and criminal jurisdiction
4.5. Statutory limitations
4.6. non-retroactivity principle
4.7. Ne bis in idem or double jeopardy
4.8. Practical obstacles to national prosecutions
Further reading
5. State Cooperation with Respect to National Proceedings
5.1. Introduction
5.2. International agreements
5.3. Some basic features
5.4. Extradition
5.5. Mutual legal assistance
5.6. Transfer of proceedings
5.7. Enforcement of penalties
Further reading
pt. C International Prosecution
6. History of International Criminal Prosecutions: Nuremberg and Tokyo
6.1. Introduction
6.2. commission on the responsibility of the authors of the war
6.3. Nuremberg International Military Tribunal
6.4. Tokyo International Military Tribunal
6.5. Control Council Law No. 10 trials and military commissions in the Pacific sphere
Further reading
7. Ad Hoc International Criminal Tribunals
7.1. Introduction
7.2. International Criminal Tribunal for Yugoslavia
7.3. International Criminal Tribunal for Rwanda
Further reading
8. International Criminal Court
8.1. Introduction
8.2. creation of the ICC
8.3. Structure and composition of the ICC
8.4. Crimes within the jurisdiction of the ICC
8.5. Applicable law
8.6. Complementarity and other grounds of inadmissibility
8.7. Initiation of proceedings (the `trigger mechanisms')
8.8. Jurisdiction: personal, territorial and temporal
8.9. Deferral of investigation or prosecution: Article 16
8.10. Enforcement of the Icc's decisions
8.11. Opposition to the ICC
8.12. Appraisal
Further reading
9. Other Courts with International Elements
9.1. Introduction
9.2. Courts established by agreement between the United Nations or the African Union and a State
9.3. Courts established by the United Nations or other international administration
9.4. Courts established by a State with international support
9.5. Lockerbie: an ad hoc solution for a particular incident
9.6. Relationship with the ICC
9.7. appraisal
Further reading
pt. D Substantive Law of International Crimes
10. Genocide
10.1. Introduction
10.2. protected groups
10.3. Material elements
10.4. Mental elements
10.5. Other modes of participation
Further reading
11. Crimes against Humanity
11.1. Introduction
11.2. Common elements (the contextual threshold)
11.3. Prohibited acts
Further reading
12. War Crimes
12.1. Introduction
12.2. Common issues
12.3. Specific offences
Further reading
13. Aggression
13.1. Introduction
13.2. Material elements
13.3. Mental elements
13.4. Prosecution of aggression in the ICC
Further reading
14. Transnational Crimes, Terrorism and Torture
14.1. Introduction
14.2. Terrorism
14.3. Torture
Further reading
15. General Principles of Liability
15.1. Introduction
15.2. Perpetration/commission
15.3. Aiding and abetting
15.4. Ordering, instigating, soliciting, inducing and inciting
15.5. Planning, preparation, attempt and conspiracy
15.6. Mental elements
15.7. Command/superior responsibility
Further reading
16. Defences/Grounds for Excluding Criminal Responsibility
16.1. Introduction
16.2. ICC Statute and defences
16.3. Mental incapacity
16.4. Intoxication
16.5. Self-defence, defence of others and of property
16.6. Duress and necessity
16.7. Mistake of fact and law
16.8. Superior orders
16.9. Other `defences'
Further reading
pt. E Principles and Procedures of International Prosecutions
17. Procedures of International Criminal Investigations and Prosecutions
17.1. International criminal procedures
17.2. Actors in the proceedings and their roles
17.3. International criminal procedures and human rights
17.4. Jurisdiction and admissibility procedures
17.5. Commencement and discontinuance of a criminal investigation
17.6. criminal investigation
17.7. Coercive measures
17.8. Prosecution and indictment
17.9. Pre-trial proceedings: preparations for trial
17.10. Evidentiary rules
17.11. Admission of guilt, guilty pleas and plea bargaining
17.12. Trial and judgment
17.13. Appeals proceedings
17.14. Revision
17.15. Offences against the administration of justice
17.16. Some concluding observations
Further reading
18. Victims in the International Criminal Process
18.1. Introduction
18.2. Definition of victims
18.3. Protection of victims and witnesses
18.4. Victim participation in ICC criminal proceedings
18.5. Reparations to victims
18.6. assessment
Further reading
19. Sentencing and Penalties
19.1. International punishment of crimes
19.2. Purposes of sentencing
19.3. Sentencing practice
19.4. Sentencing procedures
19.5. Pardon, early release and review of sentence
19.6. Enforcement
Further reading
pt. F Relationship between National and International Systems
20. State Cooperation with the International Courts and Tribunals
20.1. Characteristics of the cooperation regimes
20.2. Obligation to cooperate
20.3. Non-States Parties and international organizations
20.4. Authority to seek cooperation and defence rights
20.5. Arrest and surrender
20.6. Other forms of legal assistance
20.7. Domestic implementation
20.8. Non-compliance
20.9. Cooperation and the ICC complementarity principle
20.10. assessment
Further reading
21. Immunities
21.1. Introduction
21.2. Functional immunity and national courts
21.3. Functional immunity and international courts
21.4. Personal immunity and national courts
21.5. Personal immunity and international courts
21.6. Conclusion
Further reading
22. Alternatives and Complements to Criminal Prosecution
22.1. Introduction
22.2. Amnesties
22.3. Truth commissions
22.4. Lustration
22.5. Reparations and civil claims
22.6. Local justice mechanisms
Further reading
23. Future of International Criminal Law
23.1. Introduction
23.2. International courts and tribunals
23.3. National prosecutions of international crimes
23.4. Engraining a commitment to accountability
23.5. development of substantive international criminal law
23.6. path forward (or back?).