| 1. |
- 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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| 2. |
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| 3. |
- 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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| 4. |
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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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| 5. |
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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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| 6. |
- Dawody, Hevi, 1990-
(författare)
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Terrorism and Exclusion from Refugee Protection
- 2024
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The aim of this study is to provide further contributions to the field of international refugee law and exclusion from refugee protection, particularly concerning exclusion cases involving terrorism. The study establishes a framework relevant for interpreting Article 1F of the 1951 Refugee Convention (also known as the exclusion provision) in accordance with international norms. The goal is to enable a clear and consistent approach to understanding the exclusion provision, especially in cases related to terrorism. The study delves into the evidentiary standard required for exclusion under Article 1F, discussing both the meaning of the standard ‘serious reasons for considering’ and its threshold. This examination aids an understanding of when exclusion from refugee protection is triggered, focusing in particular on cases involving membership of a terrorist organisation. One of the central conclusions highlighted in this study is that the exclusion provision is contained within an international treaty and therefore should be interpreted and applied in accordance with international law standards. Here, the language of international human rights law and international criminal law should mainly be used, with an emphasis on interpreting the objectives of the 1951 Refugee Convention in good faith for the purpose of avoiding vague and arbitrary interpretation of the exclusion provision. In this regard, this dissertation underscores a position that argues against the notion that mere membership in a terrorist organisation should automatically warrant exclusion from refugee protection. Lastly, the study suggests that achieving a coherent and consistent interpretation of the exclusion provision is essential for promoting legal certainty in exclusion cases, as much as for enhancing predictability and fairness in the decision-making process.
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| 7. |
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| 8. |
- Deland, Mats, et al.
(författare)
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Introduction
- 2018
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Ingår i: International Humanitarian Law and Justice. - Abingdon : Routledge. - 9781138477551 - 9781351104449 ; , s. 1-6
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book discusses the importance and value of historicizing international law in general. It is concerned with specific rules and concepts in the international humanitarian law field. The book includes internal and external modes of theorizing, theories of evolution and how changes can be understood in the context of legal gaps and fault lines. It argues that the issue of law and emotions is basically a way to acknowledge the limits of analytical abstractions and rational choice models. The book sets out the difference between how legal historians approach general history compared to how general historians take account of legal history. It reconnects to the structure versus agency debate in acknowledging that while legal history as an academic discipline initially had a structural focus, general history was well into the 20th century more focused on individual actors.
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| 9. |
- Gallmetzer, Reinhold, et al.
(författare)
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Individual Responsibility for Crimes Under International Law : The UN ad hoc Tribunals and the International Criminal Court
- 2007
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Ingår i: Grotius Centre for International Legal Studies. - : Grotius Centre for International Legal Studies, The Hague. ; , s. 60-77
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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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| 10. |
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International Humanitarian Law and Justice : Historical and Sociological Perspectives
- 2018. - 1
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields. To examine this historization and to expand the current scope of scholarship, this book brings together scholars from various fields, including law, history, sociology, and international relations. Human rights law, international criminal law, and the law on the use of force are all explored across the text’s four main themes: historiographies of selected fields of international law; evolution of specific international humanitarian law rules in the context of legal gaps and fault lines; emotions as a factor in international law; and how actors can influence history. This work will enhance and broaden readers’ knowledge of the field and serve as an excellent starting point for further research.
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