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International Criminal Law Review 10 (2010) 549–569 © Koninklijke Brill NV, Leiden, 2010 DOI 10.1163/157181210X519009 International Criminal Law Review Criminal Prosecution of International Crimes: Th e Colombian Case Alejandro Aponte Cardona * Professor of Criminal Law, Pontifi

In: International Criminal Law Review
Author: Tessa de Zeeuw

In this chapter, Tessa de Zeeuw discusses law’s machinic logic because of a case of criminal profiling that received much media attention in The Netherlands in 2016. Through an analysis of Alexander Galloway’s essay “Love of the Middle,” and Philip K. Dick’s short story “The Minority Report,” she distinguishes between machinic and hermeneutic medial aspects of criminal prosecution and points out the paradoxes in representing the logic of machines in narrative prose. The chapter proposes that theatrical works have the potential to interrupt the sovereign practices of law and to defamiliarize discourses of legitimation if they are performed in situ. In the case of criminal profiling, this potential would hinge on the work’s sensitivity to the spatial conditions of the encounter between individuals and the law’s machinic logic.…

In: Legibility in the Age of Signs and Machines
Author: Wolfgang Hetzer

National Criminal Prosecution and European Tendering of Evidence European Journal of Crime, 2004 – 2 Criminal Law and Criminal Justice 166 European Journal of Crime, Criminal Law and Criminal Justice, Vol. 12/2, 166–183, 2004 © Koninklijke Brill NV. Printed in the Netherlands. Wolfgang Hetzer

In: European Journal of Crime, Criminal Law and Criminal Justice
Author: Albrecht

Hans-Jörg Albrecht 1 Criminal Prosecution: Developments, Trends and Open Questions in the Federal Republic of Germany 1. INTRODUCTION It is without any doubt that public prosecution services as one element within the system of justice are of paramount importance for establishing and maintaining

In: European Journal of Crime, Criminal Law and Criminal Justice

This article asserts that Russian nongovernmental organizations (NGOs) contribute to processes of transitional justice in Chechnya through their litigation in front at the European Court of Human Rights (ECtHR). Having delivered more than 200 judgments on atrocities which occurred during the two recent conflicts in Chechnya, the ECtHR has repeatedly ruled that the state should pay financial compensation to the victims. While the Russian Federation has been following through on such payments, human-rights monitors allege that domestic authorities have failed to take active measures to address the atrocities themselves.

Through a qualitative interview study with Russian lawyers and NGO representatives, this article seeks to scrutinize how NGOs have been using the ECtHR’s mechanisms and judgments by way of leverage to initiate processes of transitional justice in post-conflict Chechnya. It appears that the ECtHR is not an end-station for human-rights claims and individual grievances but, rather, the start of a series of further claims. NGOs: (a) engage in political advocacy in implementing the judgments; and (b) create leverage for the criminal prosecution of perpetrators.

In: Review of Central and East European Law
Author: Stefano Betti © Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/157181709X400377 A Member of Al-Qaida Shows Up at Your Border: Expulsion, Criminal Prosecution or Something Else? Stefano Betti* Terrorism Prevention Expert, United Nations Office on Drugs and Crime, Vienna, Austria 1

In: European Journal of Crime, Criminal Law and Criminal Justice
The definitive treatise on international criminal law, M. Cherif Bassiouni’s unique 3- volume collection is now in its third edition. Written by more than 50 outstanding authorities from 19 countries, it covers the entire field, from the theory of what makes a crime "international" to the step-by-step conduct of an international prosecution. Its in-depth coverage includes:

analysis of the doctrinal basis of international criminal law
the historical development of international criminal law and policy
detailed treatment of 16 crimes that have been given international jurisdiction, including torture, genocide, war crimes, and crimes against humanity
issues of immunity and jurisdiction
judicial assistance
recognition of foreign penal judgments
extradition and transfer of prisoners
taking evidence abroad
seizure of foreign assets
international criminal tribunals procedure
international criminal prosecutions in domestic courts

and a great deal more. Attention is paid throughout the presentation to the complex cultural and regional issues that often arise in this field of practice.

This new third edition has been thoroughly revised, making it the most current and comprehensive treatment available of this major area of international law theory and practice.
Author: Zheng Weiwei

The UK’s position as a leading international financial center depends not only on the openness and competitiveness of its market, but also on its reputation as a clean and fair place to do business. Market confidence will be undermined where participants and users believe markets are susceptible to abuse. Thus, the main convincing justification for controlling insider’s abuse of power is based on the harm principle, which it causes to investor confidence and securities markets. An insider ought not to be able to take advantage of his position either to breach a confidence or to achieve an unfair advantage in the market place; particularly the market place should, as far as possible, provide equality of opportunity to people entering it. Insider dealing has been regulated by the criminal law involved under Part V of the Criminal Justice Act 1993 in the UK. It has become clear that the traditional criminal penalty was limited by the criminal standard of proof required, while self-regulatory regimes are thought as toothless tigers. Although various potential common law civil remedies for breach of fiduciary duty and breach of confidence relating to insider dealing do exist, they are ineffective remedies and beset by so many complexities. As a response, the Financial Services and Markets Act 2000 came into force and marked an important development in the regulation of market abuse in creating civil penalties, which also contained misuse of confidential insider information. Later, the main substantive changes to existing civil market abuse regime have been taken effect within the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005, 2011 and 2014. Regarding to the regulatory framework, the range of regulatory powers of the Financial Services Authority, which has been replaced by the Financial Conduct Authority in April 1, 2013, available in combating market abuse is one of the most fundamental innovations of the FSMA 2000 and plays a significant role in defining the law in practice through a Code of Market Conduct. China has also exerted great efforts in regulating insider dealing. Under the current Chinese legal framework, insider dealing is governed by the Criminal Law of the People’s Republic of China, the Securities Law of the People’s Republic of China 2005 and some other regulations. The China Securities Regulatory Commission (CSRC) is the regulatory body for supervising and penalizing insider dealing in China. Although China has made progress in legislation in terms of the regulation of insider dealing, there are still much room for improvement, such as the enforcement of the civil penalty and the enforcement power of the CSRC. Due to the fact that the UK has rich experience in regulating insider dealing, it is of great significance for China to learn from the UK’s successful practices. Insider dealing could be well controlled with innovative and effective legal regulations. This article focuses on an in-depth examination on the regulations in the UK and a brief introduction of regulations in China in order to figure out an answer to what has been achieved in the UK and what are the most important aspects that China could learn from the UK’s experiences. The aim of increasing the deterrent effect by reducing the obstacles to imposing suitable sanctions, whether criminal, civil or regulatory, should enable regulators to police a more efficient manner in the field of financial markets.

In: Frontiers of Law in China
Much of the recent scholarly writings and debates on amnesty have revolved around its lawfulness, when granted in respect of the most serious crimes under international law committed in the context of civil armed conflicts. The inconclusiveness of international law on this issue - with positive international law and opinio juris calling for criminal prosecution, and State's practice favouring practical political solutions - does nothing more than deepen the confusion already affecting the international legality of national amnesties. Building on emerging trends in State's practice, this book attempts to clarify the question of the legality of national amnesties for crimes against humanity by suggesting a compromised legal framework within which amnesty and accountability can both be accommodated.