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International Criminal Law: A Critical Restatement


ISBN13: 9780406959041
Published: September 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £77.99



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This new book is an essential guide to the relatively recent, but rapidly growing field of international criminal justice. Written by leading practitioners and academics associated with the International Criminal Tribunals for the former Yugoslavia and Rwanda, this book analyses the tribunals substantive and procedural law from an entirely new and critical perspective. In addition, the book explains the tribunals place in the international legal order, and their relationships with - and ramifications for - national jurisdictions.

The book offers a clear and challenging view of the new legal landscape with all its strengths and weaknesses. It restates the law while exposing its foundations; and it reviews the application of the law in concrete situations. It is an ideal companion for students of the subject who are seeking an insight into the key aspects of international criminal law and practice.

  • Offers a unique critical perspective giving students an analytical and interpretive understanding of the subject
  • Draws from a rich and varied range of sources, many of which appear here in print for the first time
  • Written with the insight and authority of experienced practitioners directly involved with international criminal justice
  • Focuses on the systems and procedures of the international criminal courts and tribunals

Subjects:
International Criminal Law
Contents:
Part One. An Introduction to the Tribunals and International Criminal Law
1. International Criminal Tribunals: new faces in the international legal order
2. Participants in the international process
3. Fundamental notions of international criminal law

Part II. Critical Review of the Substantive Law
4. Ancien regime: Grave breaches of Geneva law in international armed conflict
5. War-crimes law in the new century
6. Genocide law: An education in sentimentalism
7. Rise to prominence of crimes against humanity and codification of 'ethnic cleansing'
8. Facets of personal liability for participation in crimes

Part III. Process, Evidence, and Sanctions
9. Due process and the rights of the accused
10. Litigation landmarks in the preparation and conduct of trials
11. Evidence in international criminal proceedings
12. Defence practice at the international tribunals
13. Sentencing and penalties

Part IV: Tribunal-state Interactions: Coordination and Impact
14. Relations with notional jurisdictions
15. International criminal law and the domestic legal order: the national application of international criminal law
Appendices
Bibliography;