Authors:
Offers a comprehensive overview of the extensive case law
Identifies the varying methodological approaches of four international criminal tribunals (the ICTY, ICTR, SCSL and ECCC)
Takes due account of the “dual nature” of international criminal law and the underlying foundations of international law on the one hand and criminal law on the other, as well as the contradictions that exist between these distinct fields of law
Offers clear guidelines on what function the relevant material used by international criminal tribunals when identifying customary international criminal law can fulfill in connection with proving the existence of customary international law
Contributes to the discourse on the sources of international law in general
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Table of contents (8 chapters)
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Front Matter
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Back Matter
About this book
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?
Authors and Affiliations
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Bezirkshauptmannschaft Salzburg-Umgebung, Land Salzburg, Salzburg, Austria
Thomas Rauter
Bibliographic Information
Book Title: Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege
Authors: Thomas Rauter
DOI: https://doi.org/10.1007/978-3-319-64477-6
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing AG 2017
Hardcover ISBN: 978-3-319-64476-9Published: 18 September 2017
Softcover ISBN: 978-3-319-87802-7Published: 18 May 2018
eBook ISBN: 978-3-319-64477-6Published: 05 September 2017
Edition Number: 1
Number of Pages: XVI, 261
Topics: International Criminal Law