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Keywords: criminal law
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Chapter
Published: 23 June 2020
...This chapter examines the final version of the penal code, passed only in 2013. Since just after the Iranian Revolution, this is the first set of transformative revisions in substantive criminal law. The chapter outlines how the “coloring in” of the code compels judicial officials to consider...
Chapter
Corruption and Global Security
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Cecily Rose
Published: 10 March 2021
... be considered by policymakers grappling with the subject of global security. For the most part, anti-corruption treaties do not address prevention. 82 This topic is typically omitted from transnational criminal law treaties, which tend to focus on criminalization, enforcement, and international...
Chapter
Transnational Organized Crime
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Pierre Hauck and Sven Peterke
Published: 10 March 2021
.... Transnational organized crime will probably exist as long as mankind lasts and there is no patent remedy for its suppression. However, solely relying on criminal law or international law or any other legal institution would clearly impose exaggerated expectations on the law. Neither global justice nor global...
Chapter
Non-Governmental Organizations: Their Relevance and Impact in the International Law of Global Security
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Christina Binder
Published: 10 March 2021
... arrangements. It then looks at their contribution in the field of global security in terms of standard-setting, norm application, and interpretation, as well as with regard to compliance and enforcement, in areas where the individual is centre stage: international humanitarian law, international criminal law...
Chapter
Neither Here nor There: The Position of the Defence in International Criminal Tribunals
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Dov Jacobs
Published: 07 May 2020
... of the position of the defence in international criminal law. Despite lip service to the rights of the defence, the accused and his counsel are being constantly balanced out of the equation in all aspects of the daily life of international criminal justice because, to put it simply, the stakes are too high...
Chapter
On Regional Criminal Courts as Representatives of Political Communities: The Special Case of the African Criminal Court
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Harmen van der Wilt
Published: 07 May 2020
... on Emile Durkheim’s concept of the social function of criminal law and Antony Duff’s idea of the requisite ‘political community’ on whose behalf a penal institution speaks to argue that a region can constitute a political community capable of being protected by criminal law and represented by a regional...
Chapter
Impunities
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Mark A. Drumbl
Published: 07 May 2020
... criminal law international criminal justice international crimes impunity mass atrocity ‘I must not only punish but punish with impunity ’. —Montresor, the narrator, in Edgar Allan Poe’s ‘The Cask of Amontillado’ (November, 1846), published in Godey’s Lady’s Book ...
Chapter
Published: 07 May 2020
... Chui case Plevin Adrian Vasiliev Sergei Combs Nancy A International criminal law International Criminal Court ICC Right to truth Human rights International criminal law, victims The last two decades have witnessed the emergence of a new human right: the right to truth. While...
Chapter
Published: 07 May 2020
... victims Lyotard Jean François Israel Landau Commission Report 1987 Israel Palestine Israeli occupation of International criminal law International criminal law, victims Rule of law international criminal justice Adolf Eichmann The trial is the important thing, not the penalty ...
Chapter
Transnational Crimes
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Douglas Guilfoyle
Published: 07 May 2020
...This chapter focuses on transnational crimes. Though these were long part of the international criminal law (ICL) canon, it is only late in the discipline’s history that they became conceived as being something distinct. As such, while this chapter envisages the history of ICL, it also focuses more...
Chapter
Published: 07 May 2020
...This chapter suggests the need to rethink, on both doctrinal and political grounds, the distinction between core and transnational criminal law with a view to recovering a sense of the discipline of international criminal law’s lost unity. It identifies a tendency towards fragmentation...
Chapter
Terrorism
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Pierre Klein
Published: 02 July 2019
... work on a draft comprehensive convention against terrorism. These treaties are classical instruments of international criminal law, providing for the criminalization of specific acts or activities under the domestic law of states parties and maximizing the possibilities of prosecution for these crimes...
Chapter
Exclusion
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Geoff Gilbert and Anna Magdalena Bentajou
Published: 09 June 2021
...This chapter examines the exclusion provisions in article 1F of the Refugee Convention, which can only be properly understood when analysed in the context of international criminal law and the international law of armed conflict. Article 1F provides that the Convention shall not apply to persons...
Chapter
Published: 09 June 2021
...: certain kinds of border violence establish a system that extinguishes legal protections for humans, while making such results appear natural. Unlike other cases in which structural violence is rendered transparent to criminal law, contemporary border violence against asylum seekers and refugees can...
Chapter
Punishment as Prevention? The Politics of Punishing Génocidaires
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Donald Bloxham and Devin O. Pendas
Published: 18 September 2012
... and reconciliation processes, and in ways that could not threaten the socio‐economic order that the dictators had put in place. 22 When criminal law was used in post‐authoritarian Latin America, as in for instance Argentina, it was carefully calibrated so as to not disturb the fragile balance of domestic...
Chapter
Terrorism: Principal Offences
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Alison Morgan and Victoria Oakes
Published: 14 May 2024
... Robert Ward and David Blundell 2024. DOI: 10.1093/oso/9780198895282.003.0018 Chapter 18 begins Part IV of the book, dealing with national security and criminal law. Chapter 18 deals, in particular, with the offences relating to involvement in terrorist activity. It begins with an introductory discussion...
Chapter
National Security and Criminal Procedure
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Rosemary Davidson and Dan Pawson-Pounds
Published: 14 May 2024
... for public interest immunity (PII). In camera proceedings are examined before the authors review applications for special measures and witness anonymity. Finally, jury panel vetting matters are examined. criminal law procedure terrorism Official Secrets Act pre-trial hearings bail PII...
Book
Published online: 17 September 2024
Published in print: 24 October 2024
...On Theocratic Criminal Law explores the roots and structures of the criminal law system of the world’s most prominent constitutional theocracy, the Islamic Republic of Iran. While discussing the processes of forced de-westernization and de-modernization which occurred in the wake...
Chapter
Accountable National Governance of European Union Funds
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Emilia Korkea-aho
Published: 15 November 2024
... that national governance processes need to be actively protected against their colonization by penal rationality. The binary legal/illegal logic inherent in criminal law is fundamentally at odds with the bottom-up governance model that underlines EU funds management and circumscribes its potential of engaging...
Chapter
Published: 02 May 2024
... empirical approaches criminal law accountability victim reparation relational transformative Prevention is the overarching goal of the international human rights law architecture on the prohibition. Human rights bodies and organizations have pursued this objective through the development of normative...