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Spencer Bower and Handley: Res Judicata

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The Contours of International Prosecutions: As Defined by Facts, Charges, and Jurisdiction


ISBN13: 9789462366213
Published: January 2016
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: Out of print



By nature, core international crimes have indistinct factual parameters. War crimes, crimes against humanity, and genocide generally occur on a massive scale, spread out over a large geographical area and a long time span, involving many perpetrators at various distances from the crime scene(s). These characteristics make international crimes difficult to demarcate from start to finish.

This book addresses such delineation difficulties by exploring the jurisdictional and factual boundaries of international criminal prosecutions. This entails researching those legal aspects that influence demarcation: jurisdiction (in terms of scope as well as institutional influence), charges, and identifying material facts by adequately distinguishing them from background information and evidence for the purpose of the indictment.