Jump to Content Jump to Main Navigation

You are looking at 120 of 75 results

Contributor: Ambos, Kai x
Clear All

Ch.VI Appeal, Revision, and other Remedies »

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure
Kai Ambos
This chapter outlines the various legal remedies available in modern international criminal proceedings. The appeal is the ordinary remedy against a first instance judgment of acquittal or conviction with a view to correcting possible errors of fact and law (‘final appeal’); it can also be lodged against other decisions at the pre-trial or trial stage (‘interlocutory appeal’). In contrast to the appeal, the revision is an extraordinary remedy against a final judgment of conviction or sentence. In addition, there are other remedies with regard to prosecutorial investigation or prosecution decisions, procedural rights’ violations, and administrative decisions.

VI Attempt as a Special Form of Individual Criminal Responsibility »

From: Treatise on International Criminal Law: Volume I: Foundations and General Part (2nd Edition)
Kai Ambos
This chapter first explains why attempt – an incomplete offence lacking the fulfilment of the actus reus of the respective crime – should be punishable at all and whether/how it is punishable under International Criminal Law. This chapter develops the essential elements of attempt liability on the basis of comparative law with a view to most important national legal systems . It analyses in detail the provision in the Rome Statute and proposes a ‘formula of approximation’ with regard to ‘commencement of execution’ stage (that is the moment of punishability) of attempt. It then applies this attempt formular to the international core crimes. Last but not least, abandonment of attempt is also discussed.

II Concept, Function, and Sources of International Criminal Law »

From: Treatise on International Criminal Law: Volume I: Foundations and General Part (2nd Edition)
Kai Ambos
This chapter lays the conceptual groundwork for the following chapters, and is written in a both philosophical and jurisprudential ink. It starts with a critical analysis of international criminal law as both concept, discipline and placeholder for an anti-impunity agenda. Certain types of crimes are separated into core crimes on the one hand and treaty-based/transnational crimes and supranational crimes on the other hand. The chapter then proceeds along the lines of the jurisprudential foundations of crime, criminal law and punishment. The author advocates for an autonomous punitive power of the international community as the basis of an autonomous international criminal law. Criminalization is based on the protection of fundamental legal interests or the prevention of serious harm. Punishment has an expressive, norm-stabilizing purpose and is intertwined with more general goals of International Criminal Justice. International Criminal Law’s sources range from customary international law over international treaty law to general principles. The DNA of the chapter is thus an amalgamation of comparative legal concepts with the peculiarities of a ius puniendi that lies at the hear of enterprise of international criminal law.

Ch.IX Concluding Remarks »

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure
Kai Ambos
Fragmentation of models and systems is a feature in international criminal procedure. This concluding chapter proposes a procedural model as a broad general framework in international criminal procedure. It argues that such would leave enough room for its operators, especially the judges, to adjust the procedural rules to their daily procedural realities. The solutions for the relevant issues or the paths to come to these solutions are to be found independently of their inquisitorial or adversarial origin. Of course, a procedural ‘framework model’ needs some guiding principles and there are essentially two—fairness and efficiency/expediency. Understood correctly, these principles do not contradict but complement each other, for it is also in the interest of the suspect/accused that their legal situation is clarified as expedient as possible as long as this does not entail an unacceptable curtailment of their fair trial rights.

Ch.VI Concursus Delictorum and Sentencing »

From: Treatise on International Criminal Law (2nd Edition)
Kai Ambos
This chapter reviews the law of concours (dealing with multiple acts and offences) that can be located in the border zones of the general rules of imputation, the crimes, and the sentencing rules. It considers the law of concours as the least developed area of international criminal law, but it is certainly not the least important one. The law of concours determine the crimes which are charged, which crimes may lead to convictions, and which crimes, ultimately, form the basis of sentencing. The sentencing regime of the ICC and other international tribunals will then be analyzed in the second part of the chapter. The sentencing principles are discussed and a five-step approach to find an adequate sentence is proposed.

Ch.VI Concursus Delictorum and Sentencing »

From: Treatise on International Criminal Law: Volume II: The Crimes and Sentencing
Kai Ambos
Agbor Agbor, A., ‘The Problematic Jurisprudence on Instigation under the Statute of the ICTR—The Consistencies, Inconsistencies and Misgivings of the Trial and Appeals Chambers of the ICTR’, ICLR, 13 (2013), 429–72; Akhavan, P., Reducing Genocide to Law—Definition, Meaning, and the Ultimate Crime (New York: Cambridge University Press, 2012); Ambos, K., ‘Nulla Poena Sine Lege in International Criminal Law’, in Haveman, R. and Olusanya, O., eds., Sentencing and Sanctioning in Supranational Criminal Law (Antwerpen, Oxford: Intersentia, 2006), 17–35; id, ‘Critical...

Contents »

From: Treatise on International Criminal Law: Volume I: Foundations and General Part (2nd Edition)
Kai Ambos

Contents »

From: Treatise on International Criminal Law (2nd Edition)
Kai Ambos

Contents »

From: Treatise on International Criminal Law: Volume II: The Crimes and Sentencing
Kai Ambos

Contents »

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure
Kai Ambos

Ch.VII The Cooperation Regime »

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure
Kai Ambos
This chapter examines the cooperation rules between international criminal tribunals and the national jurisdictions. As with the inter-State regime of horizontal cooperation (mutual assistance), the cooperation with international criminal tribunals encompasses three areas: arrest and surrender of persons, other legal assistance, and execution of sentences and other decisions. There is a factual connection insofar as both arrest/surrender/other legal assistance and execution of sentences/other decisions concern the cooperation between States and the tribunals. The tribunals require the cooperation of States both in the investigation and adjudication phase as well as in the enforcement phase. As to the structure of cooperation, however, the cooperation in the area of enforcement seems less ‘vertical’ than the surrender of persons and the other legal assistance.

Ch.IV The Crime of Aggression »

From: Treatise on International Criminal Law (2nd Edition)
Kai Ambos
This chapter discusses the crime of aggression that was prosecuted for the first time under the title of crime against peace by the Nuremberg and Tokyo Tribunals. The crime of aggression was then defined as planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements, or assurances. In the Nuremberg Trials, to initiate a war of aggression was considered to be the supreme international crime, while before the International Military Tribunal for the Far East (IMTFE) aggression belonged to the major war crimes. The chapter mentions the UN General Assembly (GA) that adopted a groundbreaking definition of an act of aggression in Resolution 3314 (XXIX), which served as the basis for all subsequent discussion leading up to the Kampala compromise as adopted by Art. 8bis ICC Statute. This new crime of aggression and its complicated jurisdictional provisions will be discussed in detail.

Ch.IV The Crime of Aggression »

From: Treatise on International Criminal Law: Volume II: The Crimes and Sentencing
Kai Ambos
Alexander, L., and Kessler Ferzan, K., Crime and Culpability—A Theory of Criminal Law (New York: Cambridge University Press, 2009); Ambos, K., ‘Some Preliminary Reflections on the Mens Rea Requirements of the Crimes of the ICC Statute and of the Elements of Crimes’, in Vohrah, L. C. et al., eds., Man’s Inhumanity to Man—Essays on Ιnternational Law in Honour of Antonio Cassese (The Hague: Kluwer Law International, 2003), 11–40; id, ‘Strafrecht und Krieg—Strafbare Beteiligung der Bundesregierung am Irak-Krieg?’, in Arnold, J. et al., eds., Menschengerechtes...

Ch.II Crimes against Humanity »

From: Treatise on International Criminal Law (2nd Edition)
Kai Ambos
This chapter explores the concept of crimes against humanity that goes back to the Declaration of 28 May 1915 by the governments of France, Great Britain, and Russia, relating to the massacres of the Armenian population in Turkey. It analyzes the declaration that described the atrocities as crimes against humanity for which all members of the Turkish Government will be held responsible together with its agents implicated in the massacres. Similarly, in the Nuremberg trials crimes against humanity were dealt with as crimes committed by Germans against fellow Germans. The chapter discusses crimes against humanity that provides penal protection against the transgression of the most basic laws protecting the individuality as political beings and social entity as members of political communities. The transgressor becomes an enemy and legitimate target of all humankind, who may bring to justice.

Ch.II Crimes against Humanity »

From: Treatise on International Criminal Law: Volume II: The Crimes and Sentencing
Kai Ambos
Alflen da Silva, P. R., ‘Brasil’, in Ambos, K., coord., Desaparición forzada de personas—Análisis comparado e internacional (Bogotá: GTZ/Temis, 2009), 39–52; Agirre Aranburu, X., ‘Sexual Violence Beyond Reasonable Doubt: Using Pattern Evidence and Analysis for International Cases’, LJIL, 23 (2010), 609–27; Alton, C., ‘Plea Bargaining as a Legal Transplant—A Good Idea for Troubled Criminal Justice Systems?’, Transnat’lLCP, 19 (2010), 355–418; Ambos, K., Impunidad y derecho penal internacional (Buenos Aires: Ad-Hoc, 1999); id, ‘Immer mehr Fragen im internationalen...

Criminal Responsibility, Modes of »

Kai Ambos
1 Given the fragmentation (van den Herik and Stahn (eds) [2012]; Carcano [2016]) in international criminal law, in terms of the high number of different courts (International Criminal Court [ICC]; International Criminal Tribunal for Rwanda [ICTR]; International Criminal Tribunal for the Former Yugoslavia [ICTY] [see also International Residual Mechanism for Criminal Tribunals (IRMCT)]; Special Court for Sierra Leone [SCSL] [see also Residual Special Court for Sierra Leone]; Special Panels for East Timor; Kosovo Specialist Chambers; Extraordinary Chambers in the...

Dedication »

From: Treatise on International Criminal Law: Volume I: Foundations and General Part (2nd Edition)
Kai Ambos

Dedication »

From: Treatise on International Criminal Law (2nd Edition)
Kai Ambos

Dedication »

From: Treatise on International Criminal Law: Volume II: The Crimes and Sentencing
Kai Ambos

Dedication »

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure
Kai Ambos