International Crime

Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt

Standard

International Crime. / Heller, K.J.

Concepts for International Law. red. / J. d'Aspremont; S. Singh. Edward Elgar Publishing, 2019. s. 524–539.

Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt

Harvard

Heller, KJ 2019, International Crime. i J d'Aspremont & S Singh (red), Concepts for International Law. Edward Elgar Publishing, s. 524–539. https://doi.org/10.4337/9781783474684.00038

APA

Heller, K. J. (2019). International Crime. I J. d'Aspremont, & S. Singh (red.), Concepts for International Law (s. 524–539). Edward Elgar Publishing. https://doi.org/10.4337/9781783474684.00038

Vancouver

Heller KJ. International Crime. I d'Aspremont J, Singh S, red., Concepts for International Law. Edward Elgar Publishing. 2019. s. 524–539 https://doi.org/10.4337/9781783474684.00038

Author

Heller, K.J. / International Crime. Concepts for International Law. red. / J. d'Aspremont ; S. Singh. Edward Elgar Publishing, 2019. s. 524–539

Bibtex

@inbook{6e90051b509642acafe7e384787ad929,
title = "International Crime",
abstract = "Despite the deeply contested nature of international criminal law (ICL), there is almost complete scholarly agreement concerning the nature and consequences of international criminalization. Almost all ICL scholars view an international crime as an act that is directly criminalized by international law itself, making domestic criminalization irrelevant. And almost all ICL scholars believe that, because international law is superior to domestic law, international criminalization imposes significant limits on states{\textquoteright} ability to tolerate impunity. This chapter challenges both ideas. It begins by demonstrating that positivism is incapable of establishing either direct criminalization law or the consequences that supposedly follow from it. The chapter then provides an alternative definition of an international crime – as an act that international law obligates all states to criminalize and prosecute – that not only has a stronger positivist foundation than direct criminalization, but also better explains direct criminalization{\textquoteright}s supposed consequences.",
author = "K.J. Heller",
year = "2019",
doi = "10.4337/9781783474684.00038",
language = "English",
isbn = "9781783474677",
pages = "524–539",
editor = "J. d'Aspremont and S. Singh",
booktitle = "Concepts for International Law",
publisher = "Edward Elgar Publishing",
address = "United Kingdom",

}

RIS

TY - CHAP

T1 - International Crime

AU - Heller, K.J.

PY - 2019

Y1 - 2019

N2 - Despite the deeply contested nature of international criminal law (ICL), there is almost complete scholarly agreement concerning the nature and consequences of international criminalization. Almost all ICL scholars view an international crime as an act that is directly criminalized by international law itself, making domestic criminalization irrelevant. And almost all ICL scholars believe that, because international law is superior to domestic law, international criminalization imposes significant limits on states’ ability to tolerate impunity. This chapter challenges both ideas. It begins by demonstrating that positivism is incapable of establishing either direct criminalization law or the consequences that supposedly follow from it. The chapter then provides an alternative definition of an international crime – as an act that international law obligates all states to criminalize and prosecute – that not only has a stronger positivist foundation than direct criminalization, but also better explains direct criminalization’s supposed consequences.

AB - Despite the deeply contested nature of international criminal law (ICL), there is almost complete scholarly agreement concerning the nature and consequences of international criminalization. Almost all ICL scholars view an international crime as an act that is directly criminalized by international law itself, making domestic criminalization irrelevant. And almost all ICL scholars believe that, because international law is superior to domestic law, international criminalization imposes significant limits on states’ ability to tolerate impunity. This chapter challenges both ideas. It begins by demonstrating that positivism is incapable of establishing either direct criminalization law or the consequences that supposedly follow from it. The chapter then provides an alternative definition of an international crime – as an act that international law obligates all states to criminalize and prosecute – that not only has a stronger positivist foundation than direct criminalization, but also better explains direct criminalization’s supposed consequences.

U2 - 10.4337/9781783474684.00038

DO - 10.4337/9781783474684.00038

M3 - Book chapter

SN - 9781783474677

SP - 524

EP - 539

BT - Concepts for International Law

A2 - d'Aspremont, J.

A2 - Singh, S.

PB - Edward Elgar Publishing

ER -

ID: 258721233