Völkerstrafvollzug in Deutschland

2021 ◽  
Author(s):  
Florian Knauer
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Policy ◽  
International Criminal Law ◽  
Empirical Survey

After the substantive and procedural international criminal law, the enforcement of sentences has also received increased attention from international criminal law scholars in recent years. This study is the first to specifically examine the enforcement of sentences under international criminal law in Germany. The author combines historical, criminological, legal, and criminal policy considerations. In the criminological part of the book, an empirical survey is presented.

A Strategic Choice: The State Policy Requirement in Core International Crimes

2015 ◽  
Vol 28 (4) ◽  
pp. 953-975 ◽  
Author(s):  
ATHANASIOS CHOULIARAS
Keyword(s):  
Criminal Law ◽  
State Policy ◽  
International Criminal ◽  
Criminal Policy ◽  
The State ◽  
International Criminal Law ◽  
Controversial Issues ◽  
Policy Perspective ◽  
International Crimes ◽  
Definition Of

AbstractThe article focuses on one of the most intriguing and, at the same time, controversial issues of international criminal law: whether the state policy requirement should be considered as a constitutive element in core international crimes. Adopting a criminal policy perspective, my intention is to contribute to the ongoing discussion by offering a doctrinal and criminological corroboration of the position that answers in the affirmative. Nevertheless, I am not necessarily promoting a normative choice entailing the amendment of the definition of core international crimes, but I rather call for a policy choice of focusing on cases that presume a state policy component.

scholarly journals THE PRINCIPLES OF THE TRANSNATIONAL CRIMINAL LAW IN THE COURSE OF INTERNATIONAL LAW

2018 ◽  
pp. 36-47
Author(s):  
V. Popko
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
International Criminal Law ◽  
Professional Status ◽  
Transnational Organized Crime ◽  
Procedural Law ◽  
Penal Law

The article highlights systematic aspects of the major principles of transnational criminal law within the framework of international law transformation. The article is dedicated to the examination of the fundamental principles of international law and international criminal law, in particular, which are viewed systematically and in complex and tight connection with the principles of domestic criminal and criminal procedural law. The necessity of legal enshrinement of its principles is noted. The content of the fundamental principles of criminal law is overviewed, in particular, nullum crimen sine lege (No crime without a previous penal law), principle of individual criminal responsibility, principle of non-reference to the official or professional status of a person, prohibition of repetition of punishment for the same crime under international criminal law, execution of judicial power only by courts, equality of persons before the law and the court, local and temporal principles of criminal law (non-application of terms of limitation, territorial principle of criminal law etc.) Special attention is paid to the content of the universal criminal jurisdiction principle concerning transnational crimes, enshrined in the 2000 UN Convention against Transnational Organized Crime. The author comes to the conclusion that the principles of transnational criminal law are coordinated as between themselves and determine the main characteristics of transnational criminal law and directions of criminal policy.

scholarly journals Codification of International Criminal Law: A Political-Legal Analysis

2021 ◽  
Vol 18 (2) ◽  
pp. 151-163
Author(s):  
D. V. Erokhin
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Policy ◽  
Negotiation Process ◽  
International Criminal Law ◽  
Main Task ◽  
Legal Analysis ◽  
Historical Experience ◽  
Current State ◽  
Law Making

For many decades, the issues of systematization of international criminal law, if not in the center of attention of the subjects of international lawmaking, are at least not removed from the agenda. At the same time, the negotiation process on this topic, even at the present time, is far from over; a significant number of problems of both a legal-technical and a political nature remain unresolved. An analysis of the historical experience of the codification of international criminal law, an attempt to bring it into a single report is the main task of this article, while its purpose is to determine the most significant stages of the codification of international criminal law, to establish the prerequisites for decisions of a law-making nature adopted at the international level, their logic and significance for the current state of the system of international criminal policy. The methodology of this research is made up of such methods as formal legal, logical and systemic interpretation of law, historical and comparative analysis. Both the main and the final parts of this study represent a short excursion into the formation of international criminal policy, indicate the main guidelines in the study of various areas of international criminal law.

scholarly journals Philosophy of Globalization of Criminal Law

2019 ◽  
Vol 6 (2) ◽  
pp. 73-81
Author(s):  
Vadim Vladimirovich Khilyuta
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Policy ◽  
International Standards ◽  
International Criminal Law ◽  
Global Level ◽  
Economic Parameters ◽  
Global Initiatives ◽  
External Intervention

In article the questions of globalization of criminal law and the pursued criminal policy are raised. At the doctrinal level trends of implementation of norms of the international criminal law and a problem of general unification of norms of criminal law are analyzed. The author comes to a conclusion about discrepancy of the mechanism of a global instrumentalization of criminal law and artificial imposing of the international standards to the national states. In article global initiatives of general and unconditional implementation of rules of international law and other legal institutes are in detail described. It is specified that these trends cannot be born in itself, without external intervention. It is proved that the drawn line of artificial unification of criminal tools at the global level leads to institutional crisis since basic borders of criminal law cannot identically be considered in relation to each single country (a national criminal system) in view of various social and economic parameters of functioning of the states and means of their realization.

CYBER WAR AS A CRIME IN INTERNATIONAL CRIMINAL LAW

2020 ◽  
Author(s):  
Тамерлан Шайх-Магомедович Едреев
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Cyber Warfare ◽  
New Type ◽  
Cyber War

Развитие международного уголовного права происходит с учетом современных реалий, в которых противостояние государств зачастую приобретает формы войны в киберпространстве, при этом такого рода атаки имеют высокую опасность. В связи с этим в данной статье предпринята попытка определения кибервойны как нового вида преступления в международном уголовном праве. The development of international criminal law takes into account modern realities, in which the confrontation of states often takes the form of war in cyberspace, while such attacks are of high danger. In this regard, this article attempts to define cyber warfare as a new type of crime in international criminal law.

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