Right or Duty? Is the Accused’s Presence at Trial a Right or a Duty Under International Criminal Law?
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DOI: 10.1007/s10609-016-9298-z
Abstract: International criminal law has long recognised the right of the accused to be present at trial as part of his or her right to a fair trial. However, modern international criminal courts and tribunals have… read more here.
Keywords: trial; duty; right duty; international criminal ... See more keywords
Brexit and the Future of European Criminal Law: A German Perspective
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DOI: 10.1007/s10609-017-9315-x
Abstract: German Chancellor Angela Merkel favours, as a matter of principle, a hard and clean Brexit. This does not mean, however, that it is not in Germany’s interest to maintain a close relationship with the UK… read more here.
Keywords: european criminal; brexit; law; criminal law ... See more keywords
Guilty Robots? – Rethinking the Nature of Culpability and Legal Personhood in an Age of Artificial Intelligence
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DOI: 10.1007/s10609-018-9360-0
Abstract: Robots and Artificial Intelligence are conquering our world. Just as any progress, this development is expected to have a relevant impact on law in general as well as on criminal law in particular. It involves… read more here.
Keywords: intelligence; legal personhood; criminal law; artificial intelligence ... See more keywords
Connections (and Limits) Between Law and Natural Sciences: The Concepts of Causality and Culpability from the Perspective of Criminal Law
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DOI: 10.1007/s11196-020-09788-5
Abstract: In order to establish criminal responsibility, criminal law theory uses categories summed up in words or expressions commonly used in other fields, namely scientific and philosophical knowledge. A clear example can be found in the… read more here.
Keywords: law; criminal law; causality; natural sciences ... See more keywords
Right, Crime, and Court: Toward a Unifying Political Conception of International Law
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DOI: 10.1007/s11572-017-9450-9
Abstract: It is widely acknowledged that human rights law (hereafter, HRL) and international criminal law (hereafter, ICL) share core normative features. Yet, the literature has not yet reconstructed this underlying basis in a systematic way. In… read more here.
Keywords: law; criminal law; law hereafter; right crime ... See more keywords
Whose Burden to Bear? Privilege, Lawbreaking and Race
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DOI: 10.1007/s11572-019-09503-x
Abstract: Tommie Shelby’s Dark Ghettos: Injustice, Dissent, and Reform is a powerful indictment of how the basic structure of American institutions fail the seriously disadvantaged. Though motivated by what we collectively owe “ghetto” citizens, when exploring… read more here.
Keywords: law; whose burden; burden bear; privilege lawbreaking ... See more keywords
Approaching or Re-thinking the Realm of Criminal Law?
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DOI: 10.1007/s11572-019-09516-6
Abstract: In his latest monograph, The Realm of Criminal Law, Antony Duff gives us a further, magisterial statement of the vision of criminal law, its procedural framework, and its sanctioning system, which he has been developing… read more here.
Keywords: law; thinking realm; criminal law; approaching thinking ... See more keywords
Our “Barbarians” at the Gate: On the Undercriminalized Citizenship Deprivation as a Counterterrorism Tool
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DOI: 10.1007/s11572-019-09517-5
Abstract: Germany is joining a long list of European democracies that have modified or expressed a willingness to modify their citizenship laws to denationalize first and then prevent the return of or expel those citizens accused… read more here.
Keywords: citizenship deprivation; barbarians gate; criminal law; deprivation ... See more keywords
The Politics of International Criminal Law. Edited by Holly Cullen, Philipp Kastner, and Sean Richmond. Leiden, The Netherlands: Brill Nijhoff, 2021. Pp. xii, 389. Index.
Sign Up to like & getrecommendations! Published in 2022 at "American Journal of International Law"
DOI: 10.1017/ajil.2022.6
Abstract: That law and politics are intertwined comes as a surprise only to the naïf. The nature and extent of their relationship, of course, is complicated and nuanced, especially at the international level. The Politics of… read more here.
Keywords: law politics; criminal law; politics international; holly cullen ... See more keywords
Criminal law in the shadows: creating offences in delegated legislation
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DOI: 10.1017/lst.2017.18
Abstract: Abstract Substantial numbers of criminal offences are created in the UK in delegated legislation, often carrying heavy maximum penalties. The majority are created in statutory instruments passed under the negative resolution procedure, which offers very… read more here.
Keywords: criminal law; creating offences; criminal offences; delegated legislation ... See more keywords
THE EXPANDING PROTECTION OF MEMBERS OF A PARTY'S OWN ARMED FORCES UNDER INTERNATIONAL CRIMINAL LAW
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DOI: 10.1017/s002058931900040x
Abstract: Abstract Does international law govern how States and armed groups treat their own forces? Do serious violations of the laws of war and human rights law that would otherwise constitute war crimes or crimes against… read more here.
Keywords: protection members; law; international criminal; expanding protection ... See more keywords