Beyond Imperfect Justice: Legality and Fair Labelling in International Criminal Law

Criminal Law

Beyond Imperfect Justice: Legality and Fair Labelling in International Criminal Law

By Talita Dias
Brill Nijhoff June 2022

Specifications

ISBN-13
9789004510944
Publisher
Brill Nijhoff
Publication
June 2022
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This book explores how the principles of legality and fair labelling have developed in international criminal law, from Nuremberg to the International Criminal Court and beyond. It features a comprehensive survey of domestic and international case law, treaties, and other materials, carefully unpacking the different rationales and elements of each principle and the various rules to which they apply. The book invites you to revisit landmark cases, such as those involving atrocities in the Former Yugoslavia, Rwanda, Sierra Leone, Darfur, and Palestine, through a distinctive lens: the finding that all rules substantively affecting the human rights of the accused - from crimes and penalties to labels - must be sufficiently accessible and foreseeable to the ordinary person.

Table of Contents

Abbreviations
Table of Cases
Table of Statutes
Table of Other Primary Legal Sources
Introduction
Part 1: Retroactivity, Legality and Fair Labelling in International Law
1. Legality and Fair Labelling at Stake Retroactive Recharacterisation of Crimes and Related Phenomena
2. The Principle of Legality in International Law
3. The Principle of Fair Labelling in International Law
Part 2: Retroactive Recharacterisation of Crimes in the Rome Statute
4. The Retroactive Application of the Rome Statute Explained
5. The Existing Views on the Retroactive Application of the Rome Statute A Critical Appraisal
6. The Nature of the Rome Statute
7. Article 21(3) of the Rome Statute and the Application of Criminal Law in Accordance with ‘Internationally Recognized Human Rights’

Bibliography
Index
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