Results for 'international criminal law'

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  1.  21
    International Criminal Law as a Site for Enhancing Women’s Rights? Challenges, Possibilities, Strategies.Kiran Kaur Grewal - 2015 - Feminist Legal Studies 23 (2):149-165.
    Many scholars and activists have argued that the International Criminal Court holds potential for advancing the rights of women and girls, leading to extensive feminist engagement with and investment in the Court. As the ICC enters its second decade of existence, this article offers a reflection on both the possibilities and the challenges facing feminists. Can the international criminal law really offer a site for enhancing the rights of women? And if so, how? To explore these (...)
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  2. Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW]Leslie P. Francis & John G. Francis - 2010 - Criminal Law and Philosophy 4 (3):283-295.
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions (...)
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  3. A Defense of International Criminal Law.Andrew Altman & Christopher Heath Wellman - 2004 - Ethics 115 (1):35-67.
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  4. Authority and Responsibility in International Criminal Law.Antony Duff - 2010 - In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oxford University Press.
  5.  48
    Authority and Responsibility in International Criminal Law.R. A. Duff - 2010 - In Samantha Besson & John Tasioulas (eds.), Philosophy of International Law. Oxford: Oxford University Press. pp. 589-604.
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  6.  38
    The Moral Foundations of International Criminal Law.Jamie Terence Kelly - 2010 - Journal of Human Rights 9 (4):502-510.
    This article reviews three books written by Larry May concerning the foundations of international criminal law: Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).
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  7.  33
    International Criminal Law and Philosophy.Larry May & Zachary Hoskins (eds.) - 2010 - Cambridge University Press.
    International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after (...) criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor. (shrink)
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  8. Crimes Against Humanity and the Limits of International Criminal Law.Massimo Renzo - 2012 - Law and Philosophy 31 (4):443-476.
    Crimes against humanity are supposed to have a collective dimension with respect both to their victims and their perpetrators. According to the orthodox view, these crimes can be committed by individuals against individuals, but only in the context of a widespread or systematic attack against the group to which the victims belong. In this paper I offer a new conception of crimes against humanity and a new justification for their international prosecution. This conception has important implications as to which (...)
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  9.  51
    The Overall Function of International Criminal Law: Striking the Right Balance Between the Rechtsgut and the Harm Principles: A Second Contribution Towards a Consistent Theory of ICL. [REVIEW]Kai Ambos - 2015 - Criminal Law and Philosophy 9 (2):301-329.
    Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world (...)
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  10. The Grammar of Criminal Law: American, Comparative, and International.George P. Fletcher - 2007 - Oxford University Press.
    The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no (...)
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  11.  22
    Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.François Tanguay-Renaud & James Stribopoulos (eds.) - 2012 - Hart Publishing.
    In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, (...)
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  12.  37
    International Criminal Law and Philosophy.Mark R. Reiff - 2011 - Social Theory and Practice 37 (2):370-378.
  13. International Criminal Law : Between Utopian Dreams and Political Realities.Margaret Martin - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
     
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  14.  68
    Punishment Without a Sovereign? The Ius Puniendi Issue of International Criminal Law: A First Contribution Towards a Consistent Theory of International Criminal Law.Kai Ambos - 2013 - Oxford Journal of Legal Studies 33 (2):293-315.
    Current International Criminal Law (ICL) suffers from at least four fairly serious theoretical shortcomings. First, as a starting point, the concept and meaning of ICL in its different variations must be clarified (‘the concept and meaning issue’). Second, the question of whether and how punitive power can exist at the supranational level without a sovereign (‘the ius puniendi issue’) must be answered in a satisfactory manner. Third, the overall function or purpose of ICL as opposed to national (...) law (‘the overall function issue’) must be more convincingly explained. Fourth, the purposes of punishment in ICL, as opposed to the traditional purposes discussed in national criminal law, must be elaborated (‘the purposes of punishment issue’). There is a partly vertical and partly horizontal relationship between these issues. It is, for example, of course impossible to reflect upon ius puniendi, overall function and purposes of punishment without having clarified the concept of ICL in the first place. Also, a treatment of overall function and purposes of punishment seems to be predicated on the justification of the ius puniendi. Indeed, the lack of a satisfactory answer to the ius puniendi issue is maybe the most important theoretical weakness of current ICL. This article therefore aims to demonstrate that a supranational ius puniendi can be inferred from a combination of the incipient supranationality of the world order (understood normatively as an order of values) and the concept of a world society composed of world citizens whose law—the ‘world citizen law’ (‘Weltbürgerrecht’)—is derived from universal, indivisible and interculturally recognized human rights predicated upon a Kantian concept of human dignity. The incipient world order and the world society are represented by the international community (to be understood as a community of values) which becomes the holder of the ius puniendi. (shrink)
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  15.  7
    International Criminal Law and Philosophy, Larry May and Zachary Hoskins, Eds. , 268 Pp., $88 Cloth. [REVIEW]Pablo Kalmanovitz - 2011 - Ethics and International Affairs 25 (1):87-89.
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  16.  2
    State Obligations Under International Criminal Law.Deepa Kansra - 2014 - Rostrum's Law Review 1 (4):1-.
    The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (...)
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  17. Testimonial Injustice in International Criminal Law.Shannon Fyfe - 2018 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 5 (2):155-171.
    In this article, I consider the possibilities and limitations for testimonial justice in an international criminal courtroom. I begin by exploring the relationship between epistemology and criminal law, and consider how testimony contributes to the goals of truth and justice. I then assess the susceptibility of international criminal courts to the two harms of testimonial injustice: epistemic harm to the speaker, and harm to the truth-seeking process. I conclude that international criminal courtrooms are (...)
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  18. Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW]Matthew Lister - 2010 - Concurring Opinions Blog:1.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins, published by Cambridge University Press.
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  19.  14
    Building the Rule of International Criminal Law: The Role of Judges and Prosecutors in the Apprehension of War Criminals. [REVIEW]Gwyneth C. McClendon - 2009 - Human Rights Review 10 (3):349-372.
    International criminal tribunals are weak institutions, especially since they do not have their own police forces to execute arrest warrants. Understandably then, much of the existing literature has focused exclusively on pressure from major powers and on changing domestic politics to explain the apprehension of suspected war criminals. In contrast, this article turns attention back to the tribunals themselves. I propose three ways in which the activities of international criminal tribunals impact compliance with arrest warrants: through (...)
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  20. Universal Jurisdiction and International Criminal Law.Jovana Davidovic - 2015 - In Chad Flanders & Zach Hoskins (eds.), The New Philosophy of Criminal Law. Rowman & Littlefield. pp. 113-130.
    Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns (...)
     
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  21.  10
    Testimonial Injustice in International Criminal Law.Shannon Fyfe - forthcoming - Symposion. Theoretical and Applied Inquiries in Philosophy and Social Sciences.
    Shannon Fyfe ABSTRACT: In this article, I consider the possibilities and limitations for testimonial justice in an international criminal courtroom. I begin by exploring the relationship between epistemology and criminal law, and consider how testimony contributes to the goals of truth and justice. I then assess the susceptibility of international criminal courts to the two...
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  22.  12
    The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law, Politics, and Diplomacy.Rachel Kerr - 2004 - Oxford University Press UK.
    On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law. The establishment of ad hoc tribunals (...)
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  23. Rawls Revisited: Can International Criminal Law Exist?Kirsten J. Fisher - 2006 - Canadian Journal of Political Science 39 (2):407-420.
  24.  6
    The Casuistry of International Criminal Law: Exploring A New Field of Research. Cupido - 2015 - Netherlands Journal of Legal Philosophy 44 (2):116-132.
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  25.  7
    The Moral Foundations of International Criminal Law: Response to Three Critics.Larry May - 2007 - Social Philosophy Today 23:243-248.
  26.  16
    The Moral Foundations of International Criminal Law: Response to Three Critics.Larry May - 2007 - Social Philosophy Today 23:243-248.
  27. State Responsibility in International Criminal Law: A Study of the Nuremberg Trial.H.-H. Jescheck - 2008 - In Guénaël Mettraux (ed.), Perspectives on the Nuremberg Trial. Oxford University Press.
     
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  28. Tracking Hate Speech Acts as Incitement to Genocide in International Criminal Law.Shannon Fyfe - 2017 - Leiden Journal of International Law 30 (2):523-548.
    In this article, I argue that we need a better understanding of the theoretical underpinnings of the current debates in international law surrounding hate speech and inchoate crimes. I construct a theoretical basis for speech acts as incitement to genocide, distinguishing these speech acts from speech as genocide and speech denying genocide by integrating international law with concepts drawn from speech act theory and moral philosophy. I use the case drawn on by many commentators in this area of (...)
     
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  29. Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law.Ryan Long - 2014 - International Criminal Law Review 14 (4-5):836 – 854.
    Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based (...)
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  30.  56
    Delegation of Powers and Authority in International Criminal Law.Shlomit Wallerstein - 2015 - Criminal Law and Philosophy 9 (1):123-140.
    By what right, or under whose authority, do you try me? This is a common challenge raised by defendants standing trial in front of international criminal courts or tribunals. The challenge comes from the fact that traditionally criminal law is justified as a response of the state to wrongdoing that has been identified by the state as a crime. Nevertheless, since the early 1990s we have seen the development of international criminal tribunals that have the (...)
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  31.  11
    Overview of Language Rights in the International Criminal Law Sentencing Models.Dragana Spencer - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (4):787-804.
    This paper examines the ‘deep-end’ of the international justice process—the incarceration of persons convicted in specially constituted international criminal tribunals and courts for gross violations of human rights, genocide, crimes against humanity and war crimes with a focus on language rights of such prisoners who are commonly serving sentences in foreign prisons. The punishment phase of the international justice process and its effects are not easily quantifiable and have been largely hidden from view. Although international (...)
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  32.  11
    Rape and Sexual Violence as Torture and Genocide in the Decisions of International Tribunals: Transjudicial Networks and the Development of International Criminal Law.Sergey Y. Marochkin & Galina A. Nelaeva - 2014 - Human Rights Review 15 (4):473-488.
    International criminal tribunals established by the UN Security Council in the 1990s have been widely acclaimed as active participants in the modern system of dynamic criminal justice. One of their best known achievements is the prosecution of rape and sexual assaults. The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda set an example for other tribunals to follow. By interpreting a variety of international laws, the community (...)
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  33.  21
    Constructing Achievement in the International Criminal Tribunal for the Former Yugoslavia : A Corpus-Based Critical Discourse Analysis.Amanda Potts & Anne Lise Kjær - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (3):525-555.
    The International Criminal Tribunal for Yugoslavia was established by the UN Security Council in 1993 to prosecute persons responsible for war crimes committed in the former Yugoslavia during the Balkan wars. As the first international war crimes tribunal since the Nuremburg and Tokyo tribunals set up after WWII, the ICTY has attracted immense interest among legal scholars since its inception, but has failed to garner the same level of attention from researchers in other disciplines, notably linguistics. This (...)
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  34.  23
    International Criminal Courts and Political Reconciliation.Tracy Isaacs - 2016 - Criminal Law and Philosophy 10 (1):133-142.
    In A Moral Theory of Political Reconciliation, Colleen Murphy devotes a full chapter to arguing that international criminal trials make significant contributions to political reconciliation within post-conflict and transitional societies. While she is right to claim that these trials serve an important function, I take issue with her with respect to what that important function is. Whereas Murphy focuses on the contributions international criminal prosecutions might make to political reconciliation within the borders of transitional societies, I (...)
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  35. Theorizing Duress and Necessity in International Criminal Law.Dwight Newman - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
     
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  36.  10
    The Common Core Between Human Rights Law and International Criminal Law: A Structural Account.Alain Zysset - 2019 - Ratio Juris 32 (3):278-300.
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  37.  2
    Criminal Law and the Internal Logic of Punishmen.Pellegrino Gianfranco - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  38. Identifying Liability: Ambiguous Charges in International Criminal Law.Kirsten J. Fisher - 2010 - Finnish Yearbook of International Law.
  39. Larry May and Zachary Hoskins, Eds., International Criminal Law and Philosophy.Kirsten J. Fisher - 2010 - Ethics 121 (1):209.
     
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  40.  3
    May, Larry, and Hoskins, Zachary, Eds. International Criminal Law and Philosophy. Cambridge: Cambridge University Press, 2010. Pp. 258. $85.00. [REVIEW]Kirsten J. Fisher - 2010 - Ethics 121 (1):209-214.
  41. International Criminal Courts, the Rule of Law, and the Prevention of Harm : Building Justice in Times of Injustice.Leslie P. Francis & John G. Francis - 2010 - In Larry May & Zachary Hoskins (eds.), International Criminal Law and Philosophy. Cambridge University Press.
  42. Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law.David Luban - 2010 - In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oxford University Press.
  43.  18
    Les Femmes Et le Droit (Pénal) internationalWomen and International (Criminal) Law.Isabelle Delpla - 2014 - Clio 39:183-204.
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  44. The Nuremberg Trial Before Modern Principles of International Criminal Law.Henri Donnedieu de Vabres - 2008 - In Guénaël Mettraux (ed.), Perspectives on the Nuremberg Trial. Oxford University Press.
     
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  45. What Remains of the Principle of the Legality in International Criminal Law? Considerations on the Relevance of the Radbruch Formular.Nuria Pastor Muñoz - 2019 - Archiv Fuer Rechts Und Sozialphilosphie 104 (4):455-487.
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  46.  9
    Neo-Grotian Predicaments: On Larry May’s Theory of International Criminal Law.Mathias Thaler - 2014 - Journal of International Political Theory 10 (3):345-360.
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  47.  7
    Criminal Law and the Internal Logic of Punishmen.Katrine Krause-Jensen - 2015 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 5 (1).
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  48.  20
    Taking Economic, Social and Cultural Rights Seriously in International Criminal Law by Evelyne Schmid: Cambridge: Cambridge University Press, 2015.Huma Saeed & Wouter Vandenhole - 2016 - Human Rights Review 17 (3):413-415.
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  49. State Sovereignty as an Obstacle to International Criminal Law.Kristen Hessler - 2010 - In Larry May & Zachary Hoskins (eds.), International Criminal Law and Philosophy. Cambridge University Press.
     
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  50.  3
    Aggression as a Crime in International and National Criminal Law.Hayk Grigoryan - 2020 - Wisdom 14 (1):122-130.
    The article analyzes the process of international criminalization of the crime of aggression, the role and significance of the Charter of the Nuremberg Tribunal for the formation of the modern concept of aggression, compares the definitions of aggression as a punishable offense committed by individuals, according to the Statute of the International Criminal Court, in line with the amendments made in 2010 by the Assembly of States that are Parties to the Court and the corpus delicti of (...)
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