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Image of Legality Matters

Electronic Resource

Legality Matters

MacNeil, Gillian - Personal Name;

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This book examines the way international criminal courts and tribunals have interpreted the crimes against humanity proscription of other inhumane acts. This clause is consistently used in spite of the long list of more specific offences forbidden as crimes against humanity.

The volume proposes that the current approach is based on a misunderstanding of the nature of the clause. Properly understood, the clause is an invitation to courts to create and apply retroactive criminal laws. This leads to a problem. A prohibition on the use of retroactive criminal laws, one which admits no exceptions, is deeply embedded in international law.

The author argues that it is time to revisit the assumption that retroactive criminal laws can never be deployed in a fair legal system. Drawing lessons from an exploration on the way the prohibition on retroactive laws is applied in practice, she proposes a new framework for understanding the clause proscribing the commission of other inhumane acts.

This book will be of relevance to anyone interested in international criminal law or criminal law theory.


Availability
Inventory Code Barcode Call Number Location Status
2108000163EB0005551340.9 Mac lCentral Library (OPAC)Available
Detail Information
Series Title
-
Call Number
340.9 Mac l
Publisher
Springer : T.M.C. Asser Press The Hague., 2021
Collation
XIII, 196p.:ill
Language
English
ISBN/ISSN
978-94-6265-443-3
Classification
340.9
Content Type
Ebook
Media Type
-
Carrier Type
online resource
Edition
1
Subject(s)
Private International Law
Specific Detail Info
-
Statement of Responsibility
BRF
Other version/related

No other version available

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  • Legality Matters
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