Perpetrators of International Crimes

Perpetrators of International Crimes

Author: Alette Smeulers

Publisher: Oxford University Press

Published: 2019-02-07

Total Pages: 400

ISBN-13: 0192565494

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Why would anyone commit a mass atrocity such as genocide, crimes against humanity, war crimes, or terrorism? This question is at the core of the multi- and interdisciplinary field of perpetrator studies, a developing field which this book assesses in its full breadth for the first time. Perpetrators of International Crimes analyses the most prominent theories, methods, and evidence to determine what we know, what we think we know, as well as the ethical implications of gathering this knowledge. It traces the development of perpetrator studies whilst pushing the boundaries of this emerging field. The book includes contributions from experts from a wide array of disciplines, including criminology, history, law, sociology, psychology, political science, religious studies, and anthropology. They cover numerous case studies, including prominent ones such as Nazi Germany, Rwanda, and the former Yugoslavia, but also those that are relatively under researched and more recent, such as Sri Lanka and the Islamic State. These have been investigated through various research methods, including but not limited to, trial observations and interviews.


Book Synopsis Perpetrators of International Crimes by : Alette Smeulers

Download or read book Perpetrators of International Crimes written by Alette Smeulers and published by Oxford University Press. This book was released on 2019-02-07 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why would anyone commit a mass atrocity such as genocide, crimes against humanity, war crimes, or terrorism? This question is at the core of the multi- and interdisciplinary field of perpetrator studies, a developing field which this book assesses in its full breadth for the first time. Perpetrators of International Crimes analyses the most prominent theories, methods, and evidence to determine what we know, what we think we know, as well as the ethical implications of gathering this knowledge. It traces the development of perpetrator studies whilst pushing the boundaries of this emerging field. The book includes contributions from experts from a wide array of disciplines, including criminology, history, law, sociology, psychology, political science, religious studies, and anthropology. They cover numerous case studies, including prominent ones such as Nazi Germany, Rwanda, and the former Yugoslavia, but also those that are relatively under researched and more recent, such as Sri Lanka and the Islamic State. These have been investigated through various research methods, including but not limited to, trial observations and interviews.

Mistake of Law

Mistake of Law

Author: Annemieke van Verseveld

Publisher: Springer Science & Business Media

Published: 2012-08-28

Total Pages: 191

ISBN-13: 9067048674

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When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.


Book Synopsis Mistake of Law by : Annemieke van Verseveld

Download or read book Mistake of Law written by Annemieke van Verseveld and published by Springer Science & Business Media. This book was released on 2012-08-28 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.

Perpetrators and Accessories in International Criminal Law

Perpetrators and Accessories in International Criminal Law

Author: Neha Jain

Publisher: Hart Publishing

Published: 2016-08-25

Total Pages: 0

ISBN-13: 9781509907397

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International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.


Book Synopsis Perpetrators and Accessories in International Criminal Law by : Neha Jain

Download or read book Perpetrators and Accessories in International Criminal Law written by Neha Jain and published by Hart Publishing. This book was released on 2016-08-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.

International Crimes and Other Gross Human Rights Violations

International Crimes and Other Gross Human Rights Violations

Author: Alette Smeulers

Publisher: Martinus Nijhoff Publishers

Published: 2011-07-27

Total Pages: 553

ISBN-13: 9004208046

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An interdisciplinary approach to international crimes as genocide, crimes against humanity, war crimes and other gross human rights violations for students, scholars, professionals and practitioners to get an insight in the roles of perpetrators and bystanders.


Book Synopsis International Crimes and Other Gross Human Rights Violations by : Alette Smeulers

Download or read book International Crimes and Other Gross Human Rights Violations written by Alette Smeulers and published by Martinus Nijhoff Publishers. This book was released on 2011-07-27 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary approach to international crimes as genocide, crimes against humanity, war crimes and other gross human rights violations for students, scholars, professionals and practitioners to get an insight in the roles of perpetrators and bystanders.

Individual Criminal Responsibility for Core International Crimes

Individual Criminal Responsibility for Core International Crimes

Author: Ciara Damgaard

Publisher: Springer Science & Business Media

Published: 2008-08-02

Total Pages: 461

ISBN-13: 354078781X

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1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.


Book Synopsis Individual Criminal Responsibility for Core International Crimes by : Ciara Damgaard

Download or read book Individual Criminal Responsibility for Core International Crimes written by Ciara Damgaard and published by Springer Science & Business Media. This book was released on 2008-08-02 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.

Victims of International Crimes: An Interdisciplinary Discourse

Victims of International Crimes: An Interdisciplinary Discourse

Author: Thorsten Bonacker

Publisher: Springer Science & Business Media

Published: 2013-07-09

Total Pages: 405

ISBN-13: 9067049123

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In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.


Book Synopsis Victims of International Crimes: An Interdisciplinary Discourse by : Thorsten Bonacker

Download or read book Victims of International Crimes: An Interdisciplinary Discourse written by Thorsten Bonacker and published by Springer Science & Business Media. This book was released on 2013-07-09 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.

Supranational Criminology

Supranational Criminology

Author: Alette Smeulers

Publisher: Intersentia NV

Published: 2008

Total Pages: 618

ISBN-13:

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The study of international crimes - such as war crimes, crimes against humanity, and genocide - deserves to grow into a separate and fully fledged specialization within criminology, called supranational criminology. Supranational criminology entails the study of international crimes, behavior that shows affinity with these crimes, the causes and the situations in which they are committed, as well as interventions and their effectiveness. What exactly entails supranational criminology? What are international crimes? Should other forms of behavior also be qualified as international crimes? What are the specific characteristics of international crimes as forms of state sponsored or state facilitated crimes? Explanatory theories have to be developed which can be translated into testable hypotheses. Which theories from mainstream criminology can provide answers for the prevalence or causes of international crimes? Have the international courts and tribunals succeeded in their aim? This book repairs the fundamental and historical neglect of criminology and breaks out of a state of denial by putting international crimes on the criminological agenda.


Book Synopsis Supranational Criminology by : Alette Smeulers

Download or read book Supranational Criminology written by Alette Smeulers and published by Intersentia NV. This book was released on 2008 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of international crimes - such as war crimes, crimes against humanity, and genocide - deserves to grow into a separate and fully fledged specialization within criminology, called supranational criminology. Supranational criminology entails the study of international crimes, behavior that shows affinity with these crimes, the causes and the situations in which they are committed, as well as interventions and their effectiveness. What exactly entails supranational criminology? What are international crimes? Should other forms of behavior also be qualified as international crimes? What are the specific characteristics of international crimes as forms of state sponsored or state facilitated crimes? Explanatory theories have to be developed which can be translated into testable hypotheses. Which theories from mainstream criminology can provide answers for the prevalence or causes of international crimes? Have the international courts and tribunals succeeded in their aim? This book repairs the fundamental and historical neglect of criminology and breaks out of a state of denial by putting international crimes on the criminological agenda.

National Accountability for International Crimes in Africa

National Accountability for International Crimes in Africa

Author: Emma Charlene Lubaale

Publisher: Springer Nature

Published: 2022-02-07

Total Pages: 652

ISBN-13: 3030880443

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This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.


Book Synopsis National Accountability for International Crimes in Africa by : Emma Charlene Lubaale

Download or read book National Accountability for International Crimes in Africa written by Emma Charlene Lubaale and published by Springer Nature. This book was released on 2022-02-07 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.

Criminological Approaches to International Criminal Law

Criminological Approaches to International Criminal Law

Author: Ilias Bantekas

Publisher: Cambridge University Press

Published: 2014-11-06

Total Pages: 371

ISBN-13: 1107060036

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A practical guide to what motivates international crimes and how these are structured and investigated in theory and practice.


Book Synopsis Criminological Approaches to International Criminal Law by : Ilias Bantekas

Download or read book Criminological Approaches to International Criminal Law written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2014-11-06 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide to what motivates international crimes and how these are structured and investigated in theory and practice.

Criteria for Prioritizing and Selecting Core International Crimes Cases

Criteria for Prioritizing and Selecting Core International Crimes Cases

Author: Morten Bergsmo

Publisher: Torkel Opsahl Academic EPublisher

Published: 2010-07-23

Total Pages: 302

ISBN-13: 8293081074

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Book Synopsis Criteria for Prioritizing and Selecting Core International Crimes Cases by : Morten Bergsmo

Download or read book Criteria for Prioritizing and Selecting Core International Crimes Cases written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-07-23 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: