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Vol 21 No 9 Sept/Oct 2016

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The Emerging System of International Criminal Law

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ISBN13: 9789041104724
ISBN: 9041104720
Published: September 1997
Publisher: Brill Academic Publishers
Format: Hardback
Price: £220.00

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This text asks how far the world has come in creating a system of international criminal law. As global society grows ever more interdependent, international crime is increasingly regarded as a serious threat. The international community needs to produce more comprehensive solutions to prevent, punish and deter crimes under international law. In this book, the author focuses on recent developments in codification and implementation to evaluate prospects for the emergence of a unified system of international criminal law, characterized by a broad and coherent material coverage, as well as fair and effective institutional implementation. He describes the contours of international criminal law, exploring the history, content and legal status of the relevant norms against the background of the work of the International Law Commission. He then surveys patterns in existing means of implementation at both the inter-state and international levels, examining key issues relating to the acquisition of custody over the alleged offender, the role of the extradition system and the use of international criminal tribunals.

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Part 1 Introduction - aim and plan of the present enquiry in the light of the complexity of international criminal law.
Part 2 Development in codification: aggression, threat of aggression, intervention and colonial domination; serious violations of international human rights and humanitarian law; mercenary activity, terrorism, crimes against UN Personnel, drug-trafficking and wilful and severe damage to the natural environment.
Part 3 Developments in implementation: advent of normative hierarchy in international law and its relation to individual criminal responsibility; implementation of international criminal law through municipal jurisdiction; implementation of international criminal law through international criminal tribunals.
Part 4 Future prospects: the emergence of a system of international criminal law. Appendices: 1991 ILC Draft Code of Crimes against the Peace and Security of Mankind; 1993 Statute of the International Criminal Tribunal for the former Yugoslavia; 1994 Statute of the International Criminal Tribunal for Rwanda; 1994 ILC draft statute for an international criminal court; 1995 UN General Assembly Resolution A/50/46 - Creating a Preparatory Committee on the Establishment of an International Criminal Court; 1996 ILC Draft Code of Crimes against the Peace and Security of Mankind.