S Bronitt, “Towards A Universal Theory of Criminal Law: Rethinking the Comparative and International Project” (2008) Criminal Justice Ethics 53-66 (original) (raw)
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Globalisation and Conceptualisation in the Sphere of International Criminal Law
Acta Juridica Hungarica, 2000
Professor Wiener mentions that “[w]hile an agreement has evolvedin the juris-prudence concerning the meaning of criminal law' and publicinternational law', the opinions regarding what international criminallaw is still diverge to a great extent”.1 The task of this report isto clear up what we mean by international criminal law”, because itis “not an exact expression.”
International Criminal Law: A New Legal Hybrid? (2003)
This paper seeks to establish the viability of the "convergence" thesis as applied to common and civil law by an examination of the emergence of international criminal law, particularly as it is applied by international criminal tribunals. It suggests that the concept of "legal hybrid" is that which most approximates the conditions in which two legal systems or traditions do not simply overlap, but blend into a sui generis system that is more than the sum of both. It traces the dynamics of that hybridization, in an attempt to understand how transystemic "areas" in the law are produced, sustained and developed.
2007
This title provides an introduction to issues arising in international and transnational crimes, giving students a broader perspective on a developing area of the law. The book also provides faculty and students with material from domestic and international sources. It builds on a number of subjects treated in the traditional criminal law class, such as mens rea, actus reus, accomplice
Introduction: On the Philosophy of International Criminal Law
International Criminal Law Review, 2014
What is international criminal law?' thereby inquiring about interna tional criminal law's nature and origin and, ipso facto, its sources of norm-creation and, as an aspect of this, the difference (if any) between legislation and adjudication;7 pursuit According to M. Cherif Bassiouni, realpolitik is geared toward the interest in power while using justice as a bargaining chip. See M. Cherif Bassiouni, 'Searching for Justice in the World of Realpolitik' , XII Pace International Law Review (2000) 213-214. 4 Plato's dialogue, The Republic, suffices to illustrate both the philosophical mindset and the bad image of Sophists who are not striving for wisdom but instead have turned the art of reasoning into a game (for wealth and fame) and, with this, turned themselves into the realpoliticians of philosophy. See G. R. F. Ferrari (ed.), Plato, The Republic (Cambridge University Press, Cambridge, 2000). 5 The thesis-antithesis constellation can be credited to Georg W. F. Hegel, who also inspired Karl Marx's dialectical materialism.
The Influence of International Criminal Law on National Criminal Law
IJLLE (International Journal of Law and Legal Ethics)
International criminal law is not part of criminal law, but in fact international criminal law is one source of the development of criminal law. As a form of international criminal law, international agreements generally affect legal values, legal principles, and national criminal law norms. This study tries to explain the position of international criminal law in domestic criminal law and to determine the influence of international criminal law on domestic criminal law. The research methodology used in this study is a prescriptive legal research methodology. These results indicate that the relationship between international criminal law and domestic law is complementary.
Published in: European Journal of Crime, Criminal Law and Criminal Justice, Vol. 22, Issue 3, 2014, pp. 249-279, 2014
The main objective of this article is to put forward a critical analysis of the emergent international criminal justice system, epitomized by the creation of the permanent International Criminal Court. Such an endeavour is warranted on the assertion that international criminal justice scholarship has entered into a ‘reflective’ phase, the hallmark of which lies in the re-evaluation of the institutions of international criminal law in the light of the distinctive traits of international criminality derived from the combination of the criminological theory of state crime and the rising theory of international crime in the domain of international criminal law. In this context, the article summarizes the basic points and the epistemological premises of the criminological theory of state crime, while seeks to delimit the subject matter by alluding to the concept of core international crimes arising from the normative system of the ICC. The core aim of such a combined approach is not to downplay the existing differences between the criminological concept of state crime and the penal concept of core international crimes, but to highlight common points in order to draw tentative conclusions and make some preliminary suggestions from a criminal policy perspective.
2007
This work is an introductory chapter for a forthcoming book on Understanding International Criminal Law to be published by Aspen Publishers as part of Aspen's Essentials series. This chapter presents a succinct history of international criminal law (ICL), drawing upon major developments in the law of armed conflict, international human rights law, and the criminal prohibitions against piracy and the slave trade. The chapter interweaves the history of substantive norms with that of evolving principles of domestic and international jurisdiction, as these narratives are virtually inseparable in ICL. Additional chapters in the text will address the sources of ICL, the major international crimes and defenses, and ICL reasoning and rhetoric. Publication is expected in 2007 for adoption in 2008.
Introduction to 'Critical Approaches to International Criminal Law. An Introduction'
This is the introductory chapter to the edited collection 'Critical Approaches to International Criminal Law. An Introduction'. I set out how the CAICL research network came about and what we had in mind for a critique of international criminal law. In particular, I aim to relate the difference between an 'assumptions critique' (as is aimed for in the book) and 'effectiveness critique'. The chapter also provides an overview of the chapters and main themes explored therein.