International Criminal Law
International Criminal Law
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International Criminal Law Authority
Main source: Duff, Antony, "Theories of Criminal Law", The Stanford Encyclopedia of Philosophy (Fall 2008 Edition), Edward N. Zalta (ed.), URL = . We have focused so far, explicitly or implicitly, on the domestic criminal law of nation states—a criminal law that typically claims jurisdiction only over crimes committed within the state's territory, by and against citizens of or visitors to that state (for some of the complications here, see Hirst 2003; Duff 2007: ch. 2.2)
. However, recent years have seen also seen significant developments in international criminal law, culminating in the creation of the International Criminal Court in 2002 (see Rome Statute of the International Criminal Court 1998; Cassese 2003: 340-405). Behind a range of particular questions about the proper scope of international criminal law (over what kinds of crime should the ICC have jurisdiction), about the relationship of the ICC to domestic courts and systems of criminal justice, and about the appropriate procedures for international criminal trials, lies a deeper question about the moral authority or legitimacy of any such court: by what moral right does it calim jurisdiction over this range of wrongs and over these wrongdoers? This question becomes particularly acute in relation to crimes whose impact is intra- rather than inter-national. Crimes committed by one state against another, or against another's population (war crimes, the crime of aggression; Rome Statute arts. 5, 8), are clearly better dealt with by an international court: but why should such a court have jurisdiction over 'widespread or systematic attack[s]' committed by a state's officials against its own citizens (Rome Statute art. 7, defining 'crimes against humanity')? What could give such a body the moral authority to hold those who commit such wrongs to account—and just what kinds of wrong can it claim as its business? One answer to these questions appeals to the impersonal demand of retributive justice that those who commit such wrongs should not escape punishment: the ICC acts in the name of justice. Another answer is that the ICC acts in the name and on behalf of the more local polity within and against which the crimes were committed, when the domestic courts will not or cannot act effectively. Another answer takes seriously the idea of 'crimes against humanity', and portrays the ICC as acting in the name and on behalf of 'humanity': those who commit such wrongs must answer not merely to their particular polities, but to humanity itself, since their crimes 'deeply shock the conscience of humanity', and are 'of concern to the international community as a whole' (Rome Statute, Preamble). Each of these answers is problematic: a central task for theorists of criminal law is to work towards a clearer understanding of the questions to which such answers are offered (see generally Altman & Wellman, 2004; Luban, 2004; May 2005; Besson & Tasioulas 2008).
In International humanitarian law Treaties
International humanitarian law (IHL) is based on a number of treaties, in particular the Geneva Conventions of 1949 and their Additional Protocols, and a series of other instruments.
CRIMINAL REPRESSION Treaties
Charter of the Nuremberg Tribunal, 1945, 08.08.1945
United Nations Principles for the Nuremberg Tribunal, 1946, 11.12.1946
Convention Statutory Limitations to War Crimes, 1968, 26.11.1968
European Convention on Non-Applicability of Statutory Limitations to War Crimes, 1974, 25.01.1974
Statute of the International Criminal Tribunal for the Former Yugoslavia, 1993, 25.05.1993 Statute of the International Criminal Tribunal for Rwanda, 1994, 08.11.1994
Statute of the International Criminal Court, 1998, 17.07.1998
Statute of the Special Court for Sierra Leone, 2002, 16.01.2002
Amendment to the Statute of the International Criminal Court, amended article 8, 2010, 10.06.2010
Amendment to the Statute of the International Criminal Court, articles 8bis, 15bis and 15ter, 2010, 11.06.2010
Cross References of International Criminal Law in International Law
Crimes committed against women in conflict zones, information on International Human Rights in this global legal platform (publication).B.2.c. Iran designated as jurisdiction of primary money laundering concern, information on Nationality, Citizenship and Immigration in this global legal platform (publication)6.A.2.b.(1)(ii) Sanctions for transnational criminal organizations, information on Nationality, Citizenship and Immigration in this global legal platform (publication)6.A.7 Atrocities prevention, information on Nationality, Citizenship and Immigration in this global legal platform (publication)7.C.1. U.S. policy against transferring detainees to countries where it is determined they are more likely than not to be tortured, information on Nationality, Citizenship and Immigration in this global legal platform (publication)8.A.3.c.(2)
International Criminal Law
Contents of International Criminal Law
Contents of this subject matter include:
Objectives and Interests
Origins, Institutions and Actors
Jurisdiction, Admissibility and Immunity
Core Crimes
Modes of Liability
Defenses and the Accused
Mentioned in these Entries
Crime against international law, Criminal law tags, Development International Law - Part 20, Development International Law - Part 24, Development International Law - Part 4, Development International Law - Part 8, Development International Law -3, Development International Law -6, Development International Law -7, Development International Law -8, Geneva Conventions Part 2, Geneva Conventions, Human Rights resources, Human Trafficking, International Court of Justice Part 21, International Court of Justice Part 7, International Court of Justice3, International Crime law resources, International Criminal Court Part 2, International Criminal Court Part 20, International Criminal Court Part 21, International Criminal Court Part 22, International Criminal Court Part 23, International Criminal Court Part 24, International Criminal Court Part 28, International Criminal Court Part 29, International Criminal Court Part 3, International Criminal Court Part 32, International Criminal Court Part 35, International Criminal Court Part 37, International Criminal Court Part 4, International Criminal Court Part 5, International Criminal Court Part 6, International Criminal Court Part 8, International Criminal Court Part 9, International Criminal Court resources, International Criminal Court, International Criminal Court0, International Criminal Court1, International Criminal Court2, International Criminal Court3, International Criminal Court4, International Criminal Court5, International Criminal Court6, International Criminal Court7, International Criminal Court8, International Criminal Law Links, International Criminal Law. Bibliography, International Criminal Tribunal for Rwanda Part 2, International Criminal Tribunal for Rwanda Part 3, International Criminal Tribunal for Rwanda Part 4, International Criminal Tribunal for Rwanda, International Criminal Tribunal for the Former Yugoslavia Part 2, International Criminal Tribunal for the Former Yugoslavia Part 3, International Criminal Tribunal for the Former Yugoslavia Part 4, International Criminal Tribunal for the Former Yugoslavia Part 7, International Humanitarian Law Part 2, International Humanitarian Law Part 20, International Humanitarian Law Part 21, International Humanitarian Law Part 23, International Humanitarian Law Part 4, International Humanitarian Law Part 5, International Humanitarian Law Part 7, International Humanitarian Law Part 8, International Humanitarian Law Part 9, International Humanitarian Law, International Humanitarian Law5, International Humanitarian Law6, International Law Encyclopedia 5, International Law General resources, International Lawyers Associations 3, International Security Part 21, International Security Part 9, International Security7, International Security8, International crimes and international law. Bibliography, International criminal law tags, International criminal law: Crimes against Humanity, International criminal law: Organized Crime and Narcotics, International criminal law: Terrorism and Piracy, International human rights law Part 2, International human rights law Part 25, International human rights law Part 27, International human rights law Part 28, International human rights law Part 39, International human rights law Part 4, International human rights law Part 43, International human rights law Part 6, International human rights law Part 9, International human rights law3, International human rights law4, International human rights law5, International human rights law8, International humanitarian law Part 2, International humanitarian law Part 20, International humanitarian law Part 21, International humanitarian law Part 22, International humanitarian law Part 4, International humanitarian law Part 5, International humanitarian law Part 7, International humanitarian law Part 8, International humanitarian law Part 9, International humanitarian law, International humanitarian law4, International humanitarian law5, International humanitarian law9, International law index I, International law index, International law tags, International law topics, Law Guides list, Law Journals ranking worldwide, Law, War and Crime, Laws of war Part 2, Laws of war Part 4, Laws of war Part 6, Legal subjects, List of Criminal Law Online Journals, List of International Law Online Journals, List of international law publications in english, List of international public law topics, MPEPIL: International criminal law, MPEPIL: Overview articles, MPEPIL: Public Law: I, MPEPIL: Sources, foundations and principles of international law, Max Planck Encyclopedia of Public International Law, Oxford Reports on International Law, Piracy, Popular international books, Preventing war in international law. Bibliography, Public International Law Classification (Max Planck Institute), Refugees Part 5, The Internal Structure of the Criminal Law, Transnational crime, Truth Commissions and Procedural Fairness.
International Crimes
In relation to the international law practice and international crimes in this world global legal platform (publication), please see the following section:
International Criminal Law
About this subject:
Terrorism
Note: there is detailed information and resources under these topics during the year 2013, covered by this entry on international crimes in this law Encyclopedia.
International Criminal Law
Embracing mainstream international law, this section on international criminal law explores the context, history and effect of the area of the law covered here.
International Criminal Law
In relation to the international law practice and International Criminal Law, please see the information on this world global legal platform (publication).
International Criminal Law
Related Work and Conclusions
Resources
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Criminal Law
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References (Papers)
Channeling Unilateralism, Maggie Gardner, Aug 2017
Parochial Procedure, Maggie Gardner, Aug 2017
The Transformation Of Human Rights Litigation: The Alien Tort Statute, The Anti-Terrorism Act, And Jasta, Stephen J. Schnably, Aug 2017
Aspectos Laborales En Los Tratados De Libre Comercio Y Acuerdos De Integración Regional: Entre Normas Internacionales Del Trabajo Y "Cláusulas Sociales" En El Derecho Estatal, Inter-Estatal Y Transnacional. Del Nafta Al Tpp, Marlon M. Meza-Salas, Aug 2017
The Culture Of Gender/The Gender Of Culture: Cuban Women, Culture, And Change—The Island And The Diaspora, Berta Esperanza Hernández-Truyol, Aug 2017
Cuba, Puerto Rico, The Civil Code, And The Problem Of Transculturation, Pedro A. Malavet, Aug 2017
The Resolution Of Conflicts Of Law - A View From Private International Law In Cuba., Taydit Peña Lorenzo, Aug 2017
Us-Cuba Trade And The Challenge Of Diversifying A Sugar Economy, 1902-1962, Carmen Diana Deere, Aug 2017
Safeguards In The Cuban Legal System For The Promotion And Protection Of Foreign Investment, Marta Moreno Cruz, Aug 2017
Instruments Of Environmental Governance: A Guarantee Of Sustainability In Cuba, Dagniselys Toledano Cordero, Aug 2017
General Overview Of Cuban Family Law Legislation, Ana María Álvarez-Tabío Albo, Aug 2017
Environmental Legislation And Institutional Framework In Cuba, Daimar Cánovas González, Aug 2017
Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford, Aug 2017
The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group On The Conduct Of Hostilities In The 21st Century, Aug 2017
Clash Of Cultures: Epistemic Communities, Negotiation Theory, And International Lawmaking, S. I. Strong, Aug 2017
An Analysis Of China's Human Rights Policies In Tibet: China's Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein, Aug 2017
The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh, Aug 2017
What Makes A Crime Against Humanity A Crime Against Humanity?, Charles Chernor Jalloh, Aug 2017
International Decision, International Criminal Court, Decision On The Authorization Of An Investigation Into The Situation In The Republic Of Kenya, Charles Chernor Jalloh, Aug 2017
Assessing The African Union Concerns About Article 16 Of The Rome State Of The International Criminal Court, Charles Chernor Jalloh, Dapo Akande, Max Du Plessis, Aug 2017
Prosecuting Those Bearing 'Greatest Responsibility': The Lessons Of The Special Court For Sierra Leone, Charles Chernor Jalloh, Aug 2017
Kenya Vs. The Icc Prosecutor, Charles Chernor Jalloh, Aug 2017
International Decision, African Court On Human And Peoples' Rights, Michelot Yogogombaye V. Republic Of Senegal, Charles Chernor Jalloh, Aug 2017
Resources
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Resources
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Lawi offers educational solutions and professional insight, integrating content, tools, and practical technology to promote lifelong learning, personal and professional improvement, and human progress through knowledge. Our collections feature resources and solutions from a wide range of subject areas, from management and finance to law and cybersecurity. This text is only a brief introduction. If you would like us to expand on this content, please let us know in the comments. If you’re finding our platform and publications valuable, share it with a colleague or friend, leave a comment and consider subscribing if you haven’t already (thanks!). There are group discounts, gift options, and referral bonuses available.
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Further Reading
The entry "international criminal law" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press
Hierarchical Display of International criminal law
Law > Criminal law > Criminal law
International Organisations > United Nations > UNO > UN Security Council > International Criminal Tribunal
International Organisations > World organisations > World organisation > International Criminal Court
International criminal law
Concept of International criminal law
See the dictionary definition of International criminal law.
Characteristics of International criminal law
Resources
Professional Content and Learning Tools
Lawi offers educational solutions and professional insight, integrating content, tools, and practical technology to promote lifelong learning, personal and professional improvement, and human progress through knowledge. Our collections feature resources and solutions from a wide range of subject areas, from management and finance to law and cybersecurity. This text is only a brief introduction. If you would like us to expand on this content, please let us know in the comments. If you’re finding our platform and publications valuable, share it with a colleague or friend, leave a comment and consider subscribing if you haven’t already (thanks!). There are group discounts, gift options, and referral bonuses available.
Translation of International criminal law
Spanish: Derecho penal internacional
French: Droit pénal international
German: Internationales Strafrecht
Italian: Diritto penale internazionale
Portuguese: Direito penal internacional
Polish: Międzynarodowe prawo karne
Thesaurus of International criminal law
Law > Criminal law > Criminal law > International criminal law
International Organisations > United Nations > UNO > UN Security Council > International Criminal Tribunal > International criminal law
International Organisations > World organisations > World organisation > International Criminal Court > International criminal law
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