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DEFENSES IN
CONTEMPORARY INTERNATIONAL CRIMINAL LAW
2001, 326 Pages
Perpetrators of war
crimes and crimes against humanity are perhaps our most
reviled fellow humans. Shocked by such heinous
transgressions of our essential norms of human behavior, it
is easy to forget that guilt must be proven beyond
reasonable doubt before an individual is judged and
sentenced. In proceedings before international criminal
tribunals, we must always be on our guard against the
insidious inroads of political expediency and the primitive
emotion of revenge. It is clear that in an area of law so
thoroughly politicized, culturally freighted and
passionately punitive, there is need for an extraordinary
measure of protection for the accused if we are to pay more
than lip service to justice.
Defenses in
Contemporary International Criminal Law ventures farther
into this uneasy territory than any previous work. It offers
a meticulous analysis of the case law in the post World War
II Military Tribunals and the ad hoc tribunals for Rwanda
and the Former Yugoslavia, with particular attention to the
defenses developed, their rationales, and their origins in
various municipal systems. It analyzes the defense
provisions in the charters and statutes underlying these
tribunals and the new International Criminal Court. Building
on this detailed material, Dr. Knoops goes on to propose
systematic measures by which fair and rigorous defenses may
be put to use in all cases where international criminal law
applies, especially the problematic field of multinational
peacekeeping operations. His analysis culminates in a new
formulation of international due process.
Dr. Knoops'
conceptual reach not only includes the defenses recognized
in the field's jurisprudence and scholarshipùsuperior
orders, duress, self-defense, insanity, necessity, immunity
of Statesùbut also presents a strong case for the
incorporation of genetic and neurobiological data into the
working assets of the international criminal defense
attorney. His progressive and workable view of the role of
criminal defense in international law is sure to affect the
course of practice in the field, and open major new avenues
of exploration for scholars.
Price: $125,00.
Members of ICLN receive a discount of 10%. To order this book
please send us
an e-mail.
SURRENDERING TO INTERNATIONAL CRIMINAL
COURTS: CONTEMPORARY PRACTICE AND PROCEDURES
2002, 350 Pages
This innovative
book provides an incisive, knowledgeable and comprehensive
study of the promises and limitations of the emerging
phenomenon of surrender of individuals to international
criminal courts, such as the International Criminal Court of
the Former Yugoslavia (ICTY), the International Criminal
Court of Rwanda (ICTR), and the International Criminal Court
(ICC). It is the first study on this area.
The author analyses
the distinctions and similarities with international
extradition norms and persuasively establishes the
international legal confinements of the surrender concept
and the role of states and NATO-forces within this concept.
In developing an international uniform framework for the
surrender of individuals to international criminal courts,
the author meticulously examines the Statutes of the ICTY,
ICTR and ICC as well as their case law on this subject in
conjunction with that of the European Court of Human Rights.
With its searching
appraisal of contemporary doctrinal and procedural issues of
surrender law as well as the promises and pitfalls of the
international surrender mechanism, this book is a timely and
essential resource for any scholar and practitioner working
in the field of international criminal law.
Price: $125,00.
Members of ICLN receive a discount of 10%. To order this book
please send us
an e-mail.
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