Folkeret: strafferet

This book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions.Using recently discovered documents, this volume casts major doubts on Rendulic¿s claim that he considered the region¿s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book¿s analysis of court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule¿s legal origin. This anthology shows that, despite the Hostage Case¿s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare¿s characteristics¿human judgment, de-empathetic battlespace, and institutional bias¿that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today.The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research.Nobuo Hayashi is affiliated to the Centre for International and Operational Law at the Swedish Defence University in Stockholm, Sweden.Carola Lingaas is affiliated to the Faculty of Social Studies at VID Specialized University in Oslo, Norway.

This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment.Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Université Paris Nanterre and consultant in international law.

This book explores the issue of leadership criminality from a new angle by comparing two highly relevant modes of responsibility. By contrasting individual criminal responsibility for ordering international crimes with indirect perpetration through an organisation, it shows the doctrinal weaknesses of the latter and outlines the much-overlooked advantages of the former. The volume analyses the development of both forms of responsibility, looking at their origins, and their reception in academia and practical use in jurisprudence.The history of indirect perpetration through an organisation (Organisationsherrschaft) is portrayed from its German academic origin, through German jurisprudence to the reception of the doctrine at the International Criminal Court. By comparing the doctrine¿s stages of evolution, the book sheds light on the different aspects of the various models of indirect perpetration through an organisation and carves out general and fundamental criticismof it. The characteristics of ordering liability are explored in depth through an analysis of jurisprudence of the Nuremberg subsequent trials, the ad hoc tribunals and the International Criminal Court. This historic and doctrinal comparison reveals a well-defined and to-date much neglected mode of responsibility with enormous potential for the adjudication of leadership figures in the ambit of international criminal law and only one conclusion can follow from this analysis: it calls for practitioners and academics to leave the well-trodden paths of national criminal law doctrine and embrace truly international modes of liability such as the ordering of a crime.This volume in the ICJ series provides practitioners, researchers and students with a detailed account of forms of leadership liability and an innovative approach to the topic¿s most discussed issue.Dr. Johannes Block is a criminal lawyer specializing in international criminal law, responsibility of leadership figures, questions of perpetration and participation in crime as well as the national-socialists¿ crimes. He studied in Münster, Germany and Bogotá, Colombia and obtained his Dr. iur. from the University of Cologne, where he also worked and taught as a research assistant for several years. His legal clerkship led him to organized crime investigations, criminal defence, the European Commission and the German Federal Ministry of Justice.

We are currently engaged in an existential species war against nonhuman animals. This book argues that, during this war, nonhuman animals should be granted legal personhood and treated as ¿protected persons¿ rather than the property of ¿protected persons.¿ The main argument is that War Crimes and Crimes against Humanity ¿ rape, forced pregnancy and other acts of sexual violence ¿ are being committed within the meat, egg and dairy industries. Avoiding ¿dreaded comparisons¿, the book explores shared sources of oppression between human and nonhuman animals who are subject to the expressions and consequences of reproductive violence. It asks: what drives and facilitates the war against nonhuman animals? And what are the global consequences of this war? Throughout, it demonstrates how racism, sexism, and speciesism informs both intrahuman violence and the violence(s) of the animal-industrial complex. Ultimately the book asks us to reconsider what it means to be human.

The purpose of this book is to critically examine the activities of the International Criminal Court (ICC) on the eve of its 20th year of existence, with a focus on its relationship to the Rohingya crisis. This book is unique in that it identifies the potential and contemporary challenges of the ICC while focusing on the relationship between the Rohingya issue and the ICC. The relationship between the Rohingya crisis and the ICC is an issue that is fraught with contemporary challenges and worth dealing with. The relationship between the ICC and non-State Parties and the relationship between the ICC and high government officials are the examples of these challenges. Its novelty is to address the relationship between the Rohingya crisis and the ICC by staying current of information. The human rights situation of the Rohingya is of high international concern. With a case pending at the International Court of Justice (ICJ), not only individual criminal responsibility but also State responsibility may be sought for the most serious human rights violations. The Rohingya crisis itself is of great international concern, and it is expected that the issues will be discussed from the perspective of international human rights law, international humanitarian law, and international criminal law. Therefore, the structure of this book is as follows. First, it explains the history of the Rohingya crisis. Secondly, it touches on the relationship between the Rohingya crisis and the ICC. Thirdly, the book discusses the relationship between the ongoing case of Gambia v. Myanmar at the ICJ and the proceedings of the ICC. Finally, the book concludes with an assessment of the legitimacy, effectiveness, and efficiency of the ICC in recent years.

Die Arbeit ist - soweit ersichtlich - die erste monographische Auseinandersetzung mit dem sogenannten continuing crime im Völkerstrafrecht. Dieses hat sich in Rechtsprechung und Lehre als Deliktsform herausgebildet, die sich durch eine zeitlich gestreckte Begehung auszeichnet. In diesem Zusammenhang stellen sich verschiedene Fragen, die sowohl den "allgemeinen" als auch den "besonderen Teil" des IStGH-Statuts betreffen, die in der bisherigen Diskussion jedoch nur teilweise aufgeworfen und beantwortet werden. Mit der Doktorschrift wird der aktuelle Forschungsstand systematisiert, die Deliktsform im Rechtsvergleich betrachtet und anschließend im IStGH-Statut erprobt.

This longitudinal study is based on the story of Lola, who was gang raped during the war in Bosnia and Herzegovina in 1992. At the time, she was in a detention camp with her young children. Only one of Loläs several perpetrators was convicted but his sentence of six years of imprisonment has never been actioned by the Bosnian judiciary. Loläs rapist is still free and she lives in continual fear that he will retaliate against her and her children for her role in his trial.

Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union.

This book addresses the issue of the timing of transitional justice policies in countries that have negotiated transitions from authoritarianism to democracy.

This book focuses on the tension between the protection of human rights recognised as jus cogens (peremptory) norms, on the one hand, and the bestowal of immunity on the state and its representatives, on the other, to ascertain how these immunities can be eroded, if not fully abolished, to maintain full protection of jus cogens human rights under international law. The book argues that immunity should not equate to impunity when violations of jus cogens human rights are committed by States, Heads of State, or diplomatic agents. To make the case, the organic structures of the concepts of sovereignty and fundamental human rights are examined. Then, the human rights-based challenge to immunity is presented with respect to State, Head of State and diplomatic immunity, and the transition from a state-centric system to a human-centric system is explored. Jus cogens norms are at the centre of the impunity versus immunity debate.

This book focuses on the enforcement aspect of tobacco control policy, and argues that the intense regulation of the tobacco market will never be successful as long as it can be circumvented by the availability of illicit tobacco products. Yet, current efforts to combat illicit tobacco trade are insufficient, suffering from several flaws and gaps at the regulatory and operational levels. The aim of this book is to provide an analysis of the legal framework and practice of enforcement with regard to illicit tobacco products. Combining criminological and legal perspectives, it presents and critically analyses the phenomenon of illicit tobacco trade, as well as the policies, legal frameworks and practices in six EU countries with regard to combatting this phenomenon, assessing the strengths and weaknesses of their approaches. Furthermore, it studies the relationship between the EU and third countries (e.g. Ukraine) in terms of how the EU can influence policy and enforcement in these countries in order to counter illicit tobacco trafficking. Not exclusively focusing on the EU, the book also includes an analysis of enforcement against illicit tobacco products in the US. The EU Member States analysed in the book (Belgium, Germany, Italy, Latvia, the Netherlands and Poland) reflect the range of currently available approaches. Some of them have ratified the WHO Protocol against tobacco smuggling; others have not. They belong to different legal traditions and face different challenges due to their respective border situations. While Belgium and the Netherlands are key entry ports to the EU, Poland and Latvia represent the Eastern land border of the EU, with various regional challenges. Italy has a long maritime border, where trafficking is possible from Northern Africa and from the Middle East. It also has significant experience in fighting organised crime. Lastly, Germany is the largest market in Europe and situated in the middle of these trafficking routes.

This book presents a selection of revised and updated papers presented in September 2018 at the International Conference 'Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives', which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC). In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues. Stefanie Bock is Professor of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law in the Department of Law at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials. Eckart Conze is Professor of Modern and Contemporary History in the Department of History at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials.

This book explores the EU's approach to peacebuilding and questions the EU global role as crisis manager and capacity builder. It highlights the significant contributions of the EU to civilian peacebuilding and also critically evaluates the activities of the EU Common Security and Defence Policy (CSDP) within their rule of law and human rights peacebuilding missions. It draws on the author's twenty years of experience working on CSDP and EU defence matters including his research on EU police missions in Africa and Middle East. It exposes emergent tension between peacebuilding in its neighbourhood and security issues. It examines the practice of EU peacebuilding including performance of its missions and how deployed personnel can professionalise their diplomatic (mediation, negotiation and dialogue facilitation) capacity to fully realise the potential of missions and exploit opportunities for expanding the vision of peace. It formulates convincing policy recommendations for the future planning of EU external relations in post conflict environments and offers valuable insights into how to connect with people and communities in the aftermath of conflict.

This book is a practical guide for advocates interested in the representation of victims before the International Criminal Court (ICC). It has been developed by experts responsible for the advocacy training of the International Criminal Court's List of Counsel members. Written in a readily accessible style, this guide provides a firm grounding in relevant legal doctrine, essential advocacy techniques and valuable multidisciplinary perspectives. Drawing upon global expertise from legal practitioners, specialist advocacy trainers and multi-disciplinary writers, this book addresses both practical considerations and key challenges faced by ICC victim advocates. These include issues such as gender, child victims, victims of sexual violence, special need victims and victims who are themselves implicated in international crimes. Through its practical focus on advocacy techniques, hypothetical case studies, checklists, interviews from the field and lists of further resources, this manual equips readers with the knowledge and skills necessary to engage in sophisticated ICC victim advocacy. This book will also appeal to those interested in the workings of International Criminal Law and in victim advocacy and victimology more broadly.

This volume brings together work by authors who draw upon sociological and criminological methods, theory, and frameworks, to produce research that pushes boundaries, considers new questions, and reshape the existing understanding of "e;art crimes"e;, with a strong emphasis on methodological innovation and novel theory application. Criminologists and sociologists are poorly represented in academic discourse on art and culture related crimes. However, to understand topics like theft, security, trafficking, forgery, vandalism, offender motivation, the efficacy of and results of policy interventions, and the effects art crimes have on communities, we must develop the theoretical and methodological models we use for analyses. The readership of this book is expected to include academics, researchers, and practitioners in the fields of criminology, sociology, law, and heritage studies who have an interest in art and heritage crime.

This timely book comprehensively examines whether the worst human rights violations directed specifically at sexual and gender minorities are punishable under international criminal law, as codified in the Rome Statute of the International Criminal Court.Drawing on general rules of interpretation, the development of human rights for sexual and gender minorities, and the social construction of gender, this monograph reveals that the worst crimes committed against persons because of their sexual orientation or gender identity can amount to crimes against humanity, particularly the crime of persecution under Article 7(1)(h). It also shows how legislators can be held individually criminally responsible for passing laws that criminalize consensual same-sex sexuality.The book not only makes a significant and original contribution to the literature but is also highly relevant for international criminal law practitioners, since, so far, no cases regarding this topic exist.Dr. Valerie V. Suhr is currently a trainee lawyer in the district of the Koblenz Court of Appeal in Germany

This book engages with international legal responses to the global environmental crisis. Humanity faces a triple planetary crisis, consisting of the interlinked problems of climate change, depletion of biological diversity and pollution.The chapters in this volume of the Netherlands Yearbook of International Law address important questions of how and to what extent these environmental concerns have been integrated into international law, who or what drives these developments, and what all of this tells us about international law¿s ability to tackle the challenges that a deteriorating environment brings for the future of life on Earth. The strength of the volume is that it brings together a wide range of perspectives on the ¿greening¿ phenomenon in international law. It includes perspectives from international environmental law, human rights law, investment law, financial law, humanitarian law and criminal law. Moreover, it raises important questions regarding the validity of the predominant approach in international law to (the protection of) nature. By providing such a wide range of perspectives on international legal responses (or lack thereof) to the environmental crisis, the volume seeks to engage scholars and practitioners from a variety of disciplines. It invites readers to compare the state-of-the-art across disciplines and to reflect on ways to strengthen international law¿s responses to the environmental crisis. Furthermore, as has become standard for the Netherlands Yearbook of International Law, the second part consists of a section on Dutch practice in international law.The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.Chapter 3 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and 'aparadigmatic' cases.

"East and Southeast Asia is known for its authoritarian tradition and democratic transition, where one finds the authoritarian states and the most vibrant young democracies. There is a plurality of regime types that exert their impact on the police, both within and beyond regime types This book explores the politics of the police in this region"--

This edited volume addresses the broader aspects of the political and social landscape, human rights violations, accountability and advocacy efforts, and humanitarian challenges faced by the Rohingya from Myanmar.