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Vol 24 No 2 Feb/March 2019

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The Rights International Companion to Criminal Law & Procedure

F. Forrest MartinRights International, Coral Gables, FL, USA

ISBN13: 9789041193322
ISBN: 9041193324
Published: May 1999
Publisher: Kluwer Law International
Format: Paperback
Price: £43.00

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Over the last ten years there have been dramatic changes in international relations accompanied by an exponential growth of international law -- especially in human rights and humanitarian law. To competently meet the challenges presented by these developments, law students and lawyers must learn how international law relates to, informs, and can trump domestic law in the fields of constitutional law, property, and criminal law and procedure. International law, however, is rarely required in law school. In constitutional law classes, one seldom sees any discussion of international law even though international law formed much of the U.S. Supreme Court's early jurisprudence and continues to have important consequences for present-day litigation. In property law classes, international law needs to be taught because property interests are becoming transnational, and a substantial body of international law addressing takings, forfeiture, and regulation of property has developed. In criminal law and procedure classes, international law will increasingly become material to U.S. domestic law as the International Tribunals for Yugoslavia and Rwanda decide more and more cases, and the Inter

Part One: An Overview of International Criminal Law and Its Enforcement Mechanisms. I. The Sources and Principles of International Law. II. How International Human Rights, Humanitarian, and Criminal Law Is Binding on U.S. and Other Domestic Courts. III. The History and Operations of International Human Rights, Humanitarian, and Criminal Tribunals. Part Two: Principles of State Liability and Individual Culpability. I. State Liability for Failure to Investigate, Prosecute, and Punish Gross Human Rights Violations and Other International Crimes. II. Conspiracy and Corporate Responsibility. III. Individual Culpability and Defenses. Part Three: International Crimes. I. War Crimes, Crimes Against Humanity, and Grave Breaches of the Geneva Conventions. II. Genocide. III. Disappearances. IV. Sexual Assault. Part Four: Criminal Procedure. I. Police Practices. II. Trial Due Process Protections. Part Five: Punishment and Accountability. I. Death Penalty: Its Applications and Death Row Phenomenon. II. Accountability Models.