Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege

Nonfiction, Reference & Language, Law, International, Criminal law
Cover of the book Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege by Thomas Rauter, Springer International Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Thomas Rauter ISBN: 9783319644776
Publisher: Springer International Publishing Publication: September 5, 2017
Imprint: Springer Language: English
Author: Thomas Rauter
ISBN: 9783319644776
Publisher: Springer International Publishing
Publication: September 5, 2017
Imprint: Springer
Language: English

This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?

In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?

Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?

In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?

Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?

More books from Springer International Publishing

Cover of the book Sustainable Electricity II by Thomas Rauter
Cover of the book Willemite-Based Glass Ceramic Doped by Different Percentage of Erbium Oxide and Sintered in Temperature of 500-1100C by Thomas Rauter
Cover of the book Advances in Cryptology – EUROCRYPT 2017 by Thomas Rauter
Cover of the book Strategic Approach in Multi-Criteria Decision Making by Thomas Rauter
Cover of the book Cyber-Archaeology and Grand Narratives by Thomas Rauter
Cover of the book Measuring Progress Towards Sustainability by Thomas Rauter
Cover of the book Distributed Computing by Mobile Entities by Thomas Rauter
Cover of the book Markov Decision Processes in Practice by Thomas Rauter
Cover of the book Business Intelligence by Thomas Rauter
Cover of the book Historical Perspectives on the State of Health and Health Systems in Africa, Volume I by Thomas Rauter
Cover of the book Statistical Mechanics for Engineers by Thomas Rauter
Cover of the book Topic Detection and Classification in Social Networks by Thomas Rauter
Cover of the book Cashew Nut Shell Liquid by Thomas Rauter
Cover of the book Software Engineering and Formal Methods by Thomas Rauter
Cover of the book High Concentrator Photovoltaics by Thomas Rauter
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy