Bücher veröffentlicht von Torkel Opsahl Academic EPublisher

The science of interviewing and interrogation has continuously evolved since World War II, through the contributions by experts from around the world, from different legal systems and traditions. But the broader impact of unscientific, ineffective or counter-productive interviewing and interrogation remains profound. Indeed, coercive techniques are still used in many countries even if such practices are criminalized or prohibited under international law. Torture remains a significant problem in fact-finding. It persists also in countries that profess the rule of law. This book discusses the state of our knowledge about interviewing and interrogation in a manner accessible to practitioners and managers in policing and law enforcement, analysts, investigators and prosecutors in criminal justice, and military, security and intelligence actors. The book assists such professionals to keep up to date with the current known methods of non-coercive information elicitation. The authors bring exceptional combined expertise on interview and interrogationmethods or techniques used around the world since World War II. They explain the models, methods, frameworks and techniques, when and why they were introduced, as well as their effectiveness in practice across different jurisdictions and socio-political contexts. The book includes contributions by 52 experts, in 24 chapters organized in four parts: Part I: General, Part 2: Suspects, Part 3: Victims and Witnesses, and Part 4: Relevant Organizations. The book builds in part on the publisher's comprehensive anthology 'Quality Control in Criminal Investigation' (published as No. 38 in the same TOAEP Publication Series).

States are duty-bound to disseminate and ensure respect for the law of armed conflict among their personnel. A number of national military manuals have been issued to this end. But what are they exactly? What do they do? Is such a manual really necessary for a state that does not have one yet? What are the experiences of those states which already issue manuals? What areas of law should a good manual cover? These and other questions were considered at an international expert seminar held under the auspices of the Centre for International Law Research and Policy (its department Forum for International Criminal and Humanitarian Law) in Oslo, Norway, on 10 December 2007. This book records the seminar's deliberations and findings. It also contains an introductory article and a checklist prepared by the editor for the benefit of those considering writing a new manual. The editor Nobuo Hayashi is an Associate Senior Lecturer at the Centre for International and Operational Law of the Swedish Defence University. The book offers contributions by a prominent group of experts, including Roberta Arnold, William H. Boothby, Ove Bring, Arne Willy Dahl, Louise Doswald-Beck, William J. Fenrick, Dieter Fleck, Charles Garraway, Hans-Petter Gasser, Sandra Krähenmann, Marja Lehto, Göran Melander, Trygve G. Nordby, Peter Otken, Anthony P.V. Rogers, François Sénéchaud, David Turns and Wolff Henchel von Heinegg.

States are duty-bound to disseminate and ensure respect for the law of armed conflict among their personnel. A number of national military manuals have been issued to this end. But what are they exactly? What do they do? Is such a manual really necessary for a state that does not have one yet? What are the experiences of those states which already issue manuals? What areas of law should a good manual cover? These and other questions were considered at an international expert seminar held under the auspices of the Centre for International Law Research and Policy (its department Forum for International Criminal and Humanitarian Law) in Oslo, Norway, on 10 December 2007. This book records the seminar's deliberations and findings. It also contains an introductory article and a checklist prepared by the editor for the benefit of those considering writing a new manual. The editor Nobuo Hayashi is an Associate Senior Lecturer at the Centre for International and Operational Law of the Swedish Defence University. The book offers contributions by a prominent group of experts, including Roberta Arnold, William H. Boothby, Ove Bring, Arne Willy Dahl, Louise Doswald-Beck, William J. Fenrick, Dieter Fleck, Charles Garraway, Hans-Petter Gasser, Sandra Krähenmann, Marja Lehto, Göran Melander, Trygve G. Nordby, Peter Otken, Anthony P.V. Rogers, François Sénéchaud, David Turns and Wolff Henchel von Heinegg.

This ground-breaking study by Professor Einarsen seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? The book is the first in a series entitled 'Rethinking the Essentials of International Criminal Law and Transitional Justice' (which also saw 'A Theory of Punishable Participation in Universal Crimes' published in 2018). The book is addressed to all with an interest in international criminal law and related disciplines like human rights, humanitarian law, and transitional justice. It makes an important contribution to a more coherent and practical understanding of international criminal law. The 2023 Persian edition is translated by Dr. Fereydoon Jafari.

This second volume in the series 'Philosophical Foundations of International Criminal Law' zooms in on some of the foundational concepts or principles of the discipline of international criminal law, with a view to exploring their Hinterland beyond the traditional doctrinal discourse. It contains eight chapters on concepts such as sovereignty, global criminal justice, international criminal responsibility for individuals, punishment, impunity and truth. Among the authors in this book are Christoph Burchard, Christopher B. Mahony, Milinda Banerjee, CHAO Yi, Javier Dondé-Matute, Barrie Sander, Max Pensky and Shannon E. Fyfe. The first volume in the series - Philosophical Foundations of International Criminal Law: Correlating Thinkers - correlates the writings of leading philosophers with international criminal law, including chapters on Plato, Cicero, Ulpian, Aquinas, Grotius, Hobbes, Locke, Vattel, Kant, Bentham, Hegel, Durkheim, Gandhi, Kelsen, Wittgenstein, Lemkin, Arendt and Foucault. A third volume - Philosophical Foundations of International Criminal Law: Legally Protected Interests - discusses the main values protected by the discipline and which should be added. These books do not develop or promote a particular philosophy or theory of international criminal law. Rather, they see philosophy of international criminal law as a discourse space, which includes a) correlational or historical, b) conceptual or analytical, and c) interest- or value-based approaches.

This study is the second in a four-part series entitled "Rethinking the Essentials of International Criminal Law and Transitional Justice". The first volume - The Concept of Universal Crimes in International Law - explored the parameters and theories related to crimes under international law. This volume examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic case law. They also analyse academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda, and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes an important contribution to a more coherent and practical understanding of international criminal law. The authors are recognised experts in the field, with many years of experience from academic, government and judicial service.

This first volume in the series 'Philosophical Foundations of International Criminal Law' correlates the writings of leading philosophers with international criminal law. The chapters discuss thinkers such as Plato, Cicero, Ulpian, Aquinas, Grotius, Hobbes, Locke, Vattel, Kant, Bentham, Hegel, Durkheim, Gandhi, Kelsen, Wittgenstein, Lemkin, Arendt and Foucault. As a sub-discipline of philosophy of international criminal law starts to emerge - giving the discipline deeper roots - such thinkers should not be excluded. The book does not develop or promote a particular philosophy or theory of international criminal law. Rather, it sees philosophy of international criminal law as a discourse space, which includes a) correlational or historical, b) conceptual or analytical, and c) interest- or value-based approaches. The sister-volumes Philosophical Foundations of International Criminal Law: Foundational Concepts and Philosophical Foundations of International Criminal Law: Legally Protected Interests seek to address b) and c). Among the authors in this book are Madan B. Lokur, Gregory S. Gordon, Pedro Lopez Barja de Quiroga, Kaius Tuori, Hanne Sophie Greve, Tallyn Gray, Pablo Kalmanovitz, Juan Paulo Branco Lopez, Daniel N. Clay, Elisabetta Fiocchi Malaspina, Alexander Heinze, Gunnar Ekeløve-Slydal, Sergio Dellavalle, Carlos Augusto Canedo Gonçalves da Silva, Aléxia Alvim Machado Faria, Abraham Joseph, Jochen von Bernstorff, Jaroslav V¿trovský, Mark Drumbl, Djordje Djordjevi¿, Nora Helene Bergsmo and the editors.

Mindful of alleged and proven core international crimes committed within the mainly-Muslim world, this book explores international criminal law and justice in Islamic legal, social, philosophical and political contexts. Discussing how law and justice can operate across cultural and legal plurality, leading Muslim jurists and scholars emphasize parallels between civilizations and legal traditions, demonstrating how the Islamic 'legal family' finds common ground with international criminal law. The book analyses questions such as: How do Islamic legal traditions impact on state practice? What constitutes authority and legitimacy? Is international criminal law truly universal, or too Western to render this claim sustainable? Which challenges does mass violence in the Islamic world present to the theory and practice of Islamic law and international criminal law? What can be done to encourage mainly-Muslim states to join the International Criminal Court? Offering a way to contemplate law and justice in context, this volume shows that scholarship across 'legal families' is a two-way street that can enrich both traditions. The book is a rare resource for practitioners dealing with accountability for atrocity crimes, and academics interested in opening debates in legal scholarship across the Muslim and non-Muslim worlds.The book contains chapters by the editor, Onder Bakircioglu, Mashood A. Baderin, Asma Afsaruddin, Abdelrahman Afi fi , Ahmed Al-Dawoody, Siraj Khan, Shaheen Sardar Ali and Satwant Kaur Heer, and Mohamed Elewa Badar, in that order. The book is published in the Nuremberg Academy Series.