International Criminal Law: Multilateral and Bilateral Enforcement Mechanisms, Volume 2
M. Cherif Bassiouni
BRILL, 2008 - Law - 602 pages
Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4: Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of CriminalProceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).
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Judicial Assistance and Mutual Cooperation in Penal Matters
Recognition of Foreign Penal Judgments Transfer of Criminal Proceedings and Execution of Foreign Penal Sentences
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2d Cir 9th Cir acts Agreement application arrest warrant Article Assistance in Criminal authority bilateral cert Cherif Bassiouni Commission committed Commonwealth constitutional Convention on Extradition convicted Council of Europe crimes against humanity criminal matters customary international law deﬁned deﬁnition denied domestic effect European Arrest Warrant European Convention European Union execution extradition treaty extraterritorial federal ﬁeld ﬁnal ﬁnancial ﬁrst Framework Decision Geneva Convention genocide hereinafter Human Rights ICTY immunity INT’L International Criminal Court INTERNATIONAL CRIMINAL LAW issue judicial jus cogens law enforcement legislation MLAT mutual assistance mutual legal assistance objective territorial obligation offense Ofﬁce ofﬁcials political practice principle procedures proceedings prosecution protection Protocol provides punishment pursuant ratiﬁed reﬂect relator requested country requested Party require rule Sentence Treaty signiﬁcant speciﬁc state’s Statute sufﬁcient Supp supra note supra note 15 surrender terrorism trafﬁcking transfer trial Tribunal U.N. Doc United Nations universal jurisdiction violation