| 1. |
- Klamberg, Mark, 1975-
(författare)
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Power and Law in International Society : International Relations as the Sociology of International Law
- 2015
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Bok (refereegranskat)abstract
- When studying international law, there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risks assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and how it influences the course of international relations in international trade, protection ofthe environment, human rights, international criminal justice and the use of force.
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| 2. |
- Klamberg, Mark, 1975-, et al.
(författare)
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Recharacterisation of Charges in International Criminal Trials
- 2014
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Ingår i: Festskrift till Christian Diesen. - Stockholm : Norstedts Juridik AB. - 9789139018032 ; , s. 327-345
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- The text examines under what circumstances judges during trial may deviate from and recharacterize the charges. Depending on the legal tradition of a given country, the answer to these questions may vary. This test studies different traditions and procedural models as well as what is required under human rights law, as defined and interpreted in regional regimes and UN bodies. Finally, the text discusses and critically analyzes decisions and judgments from the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Court (ICC) where the judges have recharacterized the chargesduring trial.
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| 3. |
- Klamberg, Mark, 1975-
(författare)
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International Law in the Age of Asymmetrical Warfare, Virtual Cockpits and Autonomous Robots
- 2014
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Ingår i: International Law and Changing Perceptions of Security. - Leiden, Boston : Martinus Nijhoff Publishers. - 9789004274587 - 9789004274570 ; , s. 152-170
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Bokkapitel (refereegranskat)abstract
- The use of unmanned combat air vehicles (UCAVs) in the context of counterterrorism operations challenges the traditional conception of security, it is a change in the perception of nature and sources of threats. This text focuses on some of the most contentious issues. First, will the use of UCAVs affect how we perceive state intervention in the territory of other states? Second, the US use UCAVs to target enemies as a part of its counterterrorism operations. This has raised several concerns, including a discussion on the relevant legal framework. Should counterterrorism operate under the armed-conflict or law enforcement model? Under what circumstances are targeted killings allowed under international law? This discussion is influenced by the fact that almost all targeted killings are directed against non-State actors and generally carried out while the targeted person is not visibly engaged in active combat. The use of drones and other robotic weapons concerns human rights law, humanitarian law and the law on the use of force. All three bodies of law may be applicable to a situation, each of them regulates different aspects of the use of force. It is argued as not necessary to adopt new, specific rules on drones. Missiles launched by a drone present the same legal issues as any other weapon system, the principles of necessity, distinction, proportionality and precaution still applies. To the extent drones at the present time are used in an illegitimate manner is rather a question of non-compliance with the existing law, less an absence of adequate rules. However, a different approach may be justified when it comes to autonomous weapons systems capable of taking targeting decisions. It is arguably the military commander deploying such systems that have the ultimate responsibility.
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| 4. |
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| 5. |
- Bådagård, Lovisa, et al.
(författare)
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The Gatekeeper of the ICC : Prosecutorial Strategies for Selecting Situations and Cases at the International Criminal Court
- 2017
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Ingår i: Georgetown Journal of International Law. - 1550-5200. ; 48:3, s. 639-733
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Tidskriftsartikel (refereegranskat)abstract
- The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has a unique role in the proceedings before the Court. It is the organ primarily tasked with choosing among the numerous situations and cases under the Court’s jurisdiction. The legal criteria for situation and case selection, provided in the Rome Statute and related regulations, are relatively open as to allow the Prosecutor a considerable degree of discretion. In order to guide this discretion, the Office of the Prosecutor has developed certain policies and strategies. Prosecutorial policy and strategy stands, almost by definition, at a crossroads between law and politics. This Article identifies strategic choices of the OTP in situation and case selection and analyzes them in relation to the ICC’s objectives. There are tensions between the need for predictability and legal certainty on the one hand and for pragmatism and case-by-case flexibility on the other hand. The Article finds that the OTP is downplaying its own discretion by emphasizing the legalistic and apolitical character of its decision-making and bringing the objectives of ending impunity, preventing crimes, and providing redress to victims to the fore. The objectives of restoring peace and security and of contributing to a historical record have been secondary to the OTP’s strategic choices.
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| 6. |
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Commentary on the Law of the ICC : The Statute, vol. I-II
- 2023
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)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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| 7. |
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Commentary on the Law of the ICC : The Rules of Procedure and Evidence
- 2023
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)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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| 8. |
- Klamberg, Mark, 1975-
(författare)
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Article 64 Functions and powers of the Trial Chamber
- 2013
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Ingår i: Code of International Criminal Law and Procedure, annotated. - Bryssel : Larcier. - 9782804452384 - 2804452387
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Comment on article 64 of the Rome Statute, Functions and powers of the Trial Chamber
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| 9. |
- Klamberg, Mark, 1975-
(författare)
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Assessment of Evidence : International Criminal Courts and Tribunals
- 2023
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Ingår i: Max Planck Encyclopedia of International Procedural Law. - Oxford.
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Tidskriftsartikel (refereegranskat)abstract
- Assessment of evidence is necessary for any international criminal tribunal or court at various stages of the proceedings, including when issuing arrest warrants, confirming charges, determining the admissibility of evidence, and when determining whether the defendant is guilty during the final deliberations. This in the entry Max Planck Encyclopedia of International Procedural Law focuses on the assessment of evidence in the later sense, ie when determining whether the defendant is guilty during the final deliberations.
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| 10. |
- Klamberg, Mark, 1975-
(författare)
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Commentary on the Law of the International Criminal Court
- 2017
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Bok (övrigt vetenskapligt/konstnärligt)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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