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Sökning: förf:(mark klamberg)

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1.
  • Gallmetzer, Reinhold, et al. (författare)
  • Individual Responsibility for Crimes Under International Law : The UN ad hoc Tribunals and the International Criminal Court
  • 2007
  • Ingår i: Grotius Centre for International Legal Studies. - Grotius Centre for International Legal Studies, The Hague. ; s. 60-77
  • Tidskriftsartikel (refereegranskat)abstract
    • The present article concerns individual criminal responsibility under international law. It is based on a lecture at the Summer School of the Grotius Centre for International Legal Studies, held by Reinhold Gallmetzer in The Hague on 5 July 2005. Reinhold Gallmetzer has turned his presentation into the present article and Mark Klamberg has written the second part on the ICC.
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4.
  • Klamberg, Mark, 1975- (författare)
  • Article 64 Functions and powers of the Trial Chamber
  • 2013
  • Ingår i: Code of International Criminal Law and Procedure, annotated. - Bryssel : Larcier. - 9782804452384 - 2804452387
  • Bokkapitel (övrigt vetenskapligt)abstract
    • Comment on article 64 of the Rome Statute, Functions and powers of the Trial Chamber
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5.
  • Klamberg, Mark, 1975- (författare)
  • Commentary on the Law of the International Criminal Court
  • 2017
  • Bok (övrigt vetenskapligt)abstract
    • The Commentary on the Law of the International Criminal Court (CLICC) provides a provision-by-provision analysis of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court. It is available as a book in hardcopy, an e-book and as an online commentary. It enables the user to find case-law, doctrine and comments efficiently and without cost.
6.
  • Klamberg, Mark, 1975-, et al. (författare)
  • Crimes Against Humanity in Western Sahara The Case Against Morocco
  • 2010
  • Ingår i: Juridisk Publikation. - Stockholm. - 2000-2920. ; :2, s. 175-199
  • Tidskriftsartikel (övrigt vetenskapligt)abstract
    • Western Sahara is occupied by Morocco. The referendum on the territory’s final status set forth by the United Nations Mission for the Referendum in Western Sahara (MINURSO) has repeatedly been postponed and the so far brokered proposals have been rejected by both parties. Since the Moroccan occupation the Saharawis have been continuously repressed through arbitrary arrests, enforced disappearances, and attacks of the civilian population, persecution and oppression of peaceful demonstrations. The violation of fundamental human rights is an ongoing issue. It is argued that these violations may constitute crimes against humanity, further on this article suggests that the international community should act as soon as possible to end Moroccan impunity and to make greater efforts for a just and lasting solution of the question of Western Sahara.
7.
  • Klamberg, Mark (författare)
  • Det behövs ny svensk lag om internationella brott
  • 2008
  • Annan publikation (populärvet., debatt m.m.)abstract
    • Op-Ed Column in the daily Örnsköldsviks Allehanda, 8 august 2008 concerning the investigation and procesution of international crimes before Swedish domestic courts. It is argued that due to inadeqaute legislation Sweden may serve as a sanctuary for suspected criminals.
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8.
  • Klamberg, Mark, 1975- (författare)
  • Evidence in International Criminal Procedure : Confronting Legal Gaps and the Reconstruction of Disputed Events
  • 2012
  • Doktorsavhandling (övrigt vetenskapligt)abstract
    • This study examines the difficulties in establishing a universal code of procedural law governing international criminal trials and fact-finding. It covers five procedural systems: the military tribunals of Nuremberg and Tokyo, the ad hoc tribunals for former Yugoslavia and Rwanda and the International Criminal Court. The basis for the comparison are specific procedural activities common to the five procedural systems, including evaluation, collection, disclosure, admissibility and presentation of evidence.Certain general principles of law are applicable to evidence. However, the judges tend to favour one type of legal system (either adversarial or inquisitorial) when they identify general principles of national law which run counter to the concept of this source of law. The practice of the modern two-tiered systems suggests that pre-trial and trial judges are bound or at least guided by decisions of the Appeals Chamber. In comparison with international law in general, international criminal procedure is thus a sui generis legal system as regards the status of legal precedents. The balance between crime control, fair trial, expeditious proceedings, state sovereignty, truth-seeking,  victims’ participation and witnesses and victims protection may vary. No abstract procedural model (either adversarial or inquisitorial) can be applied in its entirety to an existing procedural framework. Instead, the proceedings are mixed and in relation to a specific procedural activity one model may be more relevant as a tool of analysis than another. The concept of “robustness” is used to discuss quantity in addition to concepts that deal with quality, including “probative value” and “weight”. Finally, the method involving exclusion of every reasonable hypothesis of innocence is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence.
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9.
  • Klamberg, Mark, 1975- (författare)
  • Evidence in International Criminal Trials : Confronting Legal Gaps and the Reconstruction of Disputed Events
  • 2013
  • Bok (övrigt vetenskapligt)abstract
    • This study examines the difficulties in establishing a universal code of procedural law governing international criminal trials and fact-finding. It covers eight procedural systems: the military tribunals of Nuremberg and Tokyo, the ad hoc tribunals for former Yugoslavia and Rwanda, the Mechanism for International Criminal Tribunals, the UN-supported Khmer Rouge Trials, the Special Court for Sierra Leone and the International Criminal Court. The basis for the comparison are specific procedural activities common to the five procedural systems, including evaluation, collection, disclosure, admissibility and presentation of evidence.Certain general principles of law are applicable to evidence. However, the judges tend to favour one type of legal system (either adversarial or inquisitorial) when they identify general principles of national law which run counter to the concept of this source of law. The practice of the modern two-tiered systems suggests that pre-trial and trial judges are bound or at least guided by decisions of the Appeals Chamber. In comparison with international law in general, international criminal procedure is thus a sui generis legal system as regards the status of legal precedents. The balance between crime control, fair trial, expeditious proceedings, state sovereignty, truth-seeking,  victims’ participation and witnesses and victims protection may vary. No abstract procedural model (either adversarial or inquisitorial) can be applied in its entirety to an existing procedural framework. Instead, the proceedings are mixed and in relation to a specific procedural activity one model may be more relevant as a tool of analysis than another. The concept of “robustness” is used to discuss quantity in addition to concepts that deal with quality, including “probative value” and “weight”. Finally, the method involving exclusion of every reasonable hypothesis of innocence is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence.
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10.
  • Klamberg, Mark, 1975- (författare)
  • Exploiting legal thresholds, fault-lines and gaps in the context of remote warfare
  • 2017
  • Ingår i: Research Handbook on Remote Warfare. - Cheltenham : Edward Elgar Publishing. - 978-1-78471-698-1 ; s. 186-210
  • Bokkapitel (övrigt vetenskapligt)abstract
    • Conflicts increasingly involve action at a distance as opposed to traditional battlefield engagements. Development of new weapons, modern communications and growing economic interdependence between states push national decision-makers to adopt asymmetrical strategies, overt as well as covert. States may adopt such strategies to minimize the exposure to risk of their own forces while their opponents can be easily attacked and also for the purpose of avoiding attribution and retribution. Since international law is used as a tool for legitimizing state policies—in the words of Sari—legal thresholds, fault-lines and gaps will be used by states to portray their own actions as legal or at least belonging to a grey area but never illegal. These issues have been brought to the fore not least by increased tensions between the West and Russia. Russia states in its 2014 Military doctrine that the nature and characteristics of modern warfare conflict includes, inter alia: a) [i]ntegrated use of military force, political, economic, informational and other non-military measures nature, implemented with the extensive use of the protest potential of the population, and special operations forces … h) participation in hostilities irregular armed groups and private military companies; i) the use of indirect and asymmetric methods Action; j) the use of externally funded and run political forces and social movements. Russia perceives as one of the main military dangers ‘subversive activities of special services and organizations foreign states and their coalitions against the Russian Federation’.
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