Gideon Boas - Böcker

A comprehensive and invaluable reference work for practitioners, academics and students of international criminal law, this series critically examines a complex and important legal area. Volume I considers the criminal responsibility of individuals for the commission of war crimes, crimes against humanity, and genocide; Volume II focuses on these core international crimes and discusses their interaction with the forms of responsibility; and Volume III provides an evaluation of international criminal procedure and the rules and practices designed to ensure effective investigations and fair trials.

When Slobodan Milošević died in the United Nations Detention Unit in The Hague over four years after his trial had begun, many feared - and some hoped - that international criminal justice was experiencing some sort of death itself. Yet the Milošević case, the first trial of a former head of state by a truly international criminal tribunal and one of the most complex and lengthy war crimes trials in history, stands for much in the development and the future of international criminal justice, both politically and legally. This book, written by the senior legal advisor working for the Trial Chamber, analyses the trial to determine what lessons can be learnt that will improve the fair and expeditious conduct of complex international criminal proceedings brought against former heads of state and senior political and military officials, and develops reforms for the future achievement of best practice in international criminal law.

When Slobodan Milošević died in the United Nations Detention Unit in The Hague over four years after his trial had begun, many feared - and some hoped - that international criminal justice was experiencing some sort of death itself. Yet the Milošević case, the first trial of a former head of state by a truly international criminal tribunal and one of the most complex and lengthy war crimes trials in history, stands for much in the development and the future of international criminal justice, both politically and legally. This book, written by the senior legal advisor working for the Trial Chamber, analyses the trial to determine what lessons can be learnt that will improve the fair and expeditious conduct of complex international criminal proceedings brought against former heads of state and senior political and military officials, and develops reforms for the future achievement of best practice in international criminal law.

Volume II of the International Criminal Law Practitioner Library series focuses on the core categories of international crimes: crimes against humanity, genocide, and war crimes. The authors present a comprehensive and critical review of the law on the elements of these crimes and their underlying offences, and examine how they interact with the forms of responsibility discussed in Volume I. They also consider the effect of the focus in early ICTY and ICTR proceedings on relatively low-level accused for the development of legal definitions that are sometimes ill-suited for leadership cases, where the accused had little or no physical involvement in the crimes. The book's main focus is the jurisprudence of the ad hoc Tribunals, but the approaches of the ICC and the various hybrid tribunals are also given significant attention. The relevant jurisprudence up to 1 December 2007 has been surveyed, making this a highly useful and timely work.

Volume I of the International Criminal Law Practitioner Library series focuses on the law of individual criminal responsibility applied in international criminal law, providing a thorough review of the forms of criminal responsibility. The authors present a critical analysis of the elements of individual criminal responsibility as set out in the statutory instruments of the international and hybrid criminal courts and tribunals and their jurisprudence. All elements are discussed, demystifying and untangling some of the confusion in the jurisprudence and literature on the forms of responsibility. The jurisprudence of the ICTY and the ICTR is the main focus of the book. Every trial and appeal judgement, as well as relevant interlocutory jurisprudence, up to 1 December 2006, has been surveyed, as has the relevant jurisprudence of other tribunals and the provisions in the legal instruments of the ICC, making this a highly relevant work.

Volume II of the International Criminal Law Practitioner Library series focuses on the core categories of international crimes: crimes against humanity, genocide, and war crimes. The authors present a comprehensive and critical review of the law on the elements of these crimes and their underlying offences, and examine how they interact with the forms of responsibility discussed in Volume I. They also consider the effect of the focus in early ICTY and ICTR proceedings on relatively low-level accused for the development of legal definitions that are sometimes ill-suited for leadership cases, where the accused had little or no physical involvement in the crimes. The book's main focus is the jurisprudence of the ad hoc Tribunals, but the approaches of the ICC and the various hybrid tribunals are also given significant attention. The relevant jurisprudence up to 1 December 2007 has been surveyed, making this a highly useful and timely work.

A comprehensive and invaluable reference work for practitioners, academics and students of international criminal law, this series critically examines a complex and important legal area. Volume I considers the criminal responsibility of individuals for the commission of war crimes, crimes against humanity, and genocide; Volume II focuses on these core international crimes and discusses their interaction with the forms of responsibility; and Volume III provides an evaluation of international criminal procedure and the rules and practices designed to ensure effective investigations and fair trials.

Volume I of the International Criminal Law Practitioner Library series focuses on the law of individual criminal responsibility applied in international criminal law, providing a thorough review of the forms of criminal responsibility. The authors present a critical analysis of the elements of individual criminal responsibility as set out in the statutory instruments of the international and hybrid criminal courts and tribunals and their jurisprudence. All elements are discussed, demystifying and untangling some of the confusion in the jurisprudence and literature on the forms of responsibility. The jurisprudence of the ICTY and the ICTR is the main focus of the book. Every trial and appeal judgement, as well as relevant interlocutory jurisprudence, up to 1 December 2006, has been surveyed, as has the relevant jurisprudence of other tribunals and the provisions in the legal instruments of the ICC, making this a highly relevant work.

International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives.While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study.This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.Contributors include: G. Boas, I. Bonomy, R. Cryer, H. Durham, S. Garkawe, M. Ierace, P. Morrissey, J. Potter, B. Saul, M. Scharf, G. Simpson, G. Skillen

What is international criminal justice? The authors of this book set out a framework for understanding international criminal justice in all its facets. Considering both definition and content, the authors argue for its treatment as a holistic field of study, rather than a by-product of international criminal law. Adopting a multidisciplinary approach, this book draws on a range of legal and extra-legal disciplines. Whilst addressing crucial legal questions throughout, it also considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope in how we understand international criminal justice. Challenging many of the prevalent paradigms of thinking in this area, Gideon Boas and Pascale Chifflet explore whether it is possible to reconcile some of the enduring intellectual conflict, such as whether and how retributive and restorative approaches to justice can co-exist. Written by leading academics who themselves are also practitioners in the field, this unique work performs a significant role in defining and explaining international criminal justice, and as such will be important reading for scholars and practitioners, as well as providing an entry point for students in a classroom environment.

The second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice.Key Features:Further reading and discussion topics for each chapterA focus on legal theory and how it intersects with the practice of international lawA new chapter providing an extensive and up-to-date explanation of the specialised areas of international lawAn integrated and contextual examination of the political and extra-legal dimensions of the international legal systemThe latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate changeTaking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.

The second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice.Key Features:Further reading and discussion topics for each chapterA focus on legal theory and how it intersects with the practice of international lawA new chapter providing an extensive and up-to-date explanation of the specialised areas of international lawAn integrated and contextual examination of the political and extra-legal dimensions of the international legal systemThe latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate changeTaking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.