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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 (CLICC)
  • 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.
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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)
  • FRA and the European Convention on Human Rights A Paradigm Shift in Swedish Electronic Surveillance Law
  • 2010
  • Ingår i: Overvåking i en rettstat. - Bergen : Fagbokforlaget. - 978-82-450-1048-0 ; s. 99-134
  • Bokkapitel (övrigt vetenskapligt)abstract
    • Electronic surveillance law is subject to a paradigm shift where traditional principles are reconsidered and the notion of privacy has to be reconstructed. This paradigm shift is the result of four major changes in our society with regard to 1) technology; 2) perceptions of threats, 3) interpretation of human rights and 4) ownership over telecommunications. The above-mentioned changes have created a need to reform both the tools of electronic surveillance and domestic legislation. Surveillance that was previously kept secret is now subject to public debate. The article focuses on systems of “mass surveillance” such as data retention and signal intelligence and whether these are consistent with the European Convention on Human Rights.
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