National Legislation, State Practice and Effective Implementation
Buch, Englisch, 324 Seiten, Format (B × H): 160 mm x 241 mm, Gewicht: 688 g
ISBN: 978-94-6265-454-9
Verlag: T.M.C. Asser Press
This book puts forward proposals for solutions to the current gaps between the Mexican legal order and the norms and principles of international criminal law. Adequate legislative measures are suggested for compliance with international obligations.
The author approaches the book's subject matter by tracing all norms related to the prosecution of core crimes and contextualizing each of the findings with a brief historical and political account. Additionally, state practice is analyzed, identifying patterns and inconsistencies. This approach is new in offering a wide perspective on international criminal law in Mexico. Relevant legal documents are analyzed and annexed in the book, providing the reader with a useful guide to the topics analyzed.
Issues including the following are examined: the incorporation of core crimes in the Mexican legal order, military jurisdiction, the war crimes definition under Mexican law, unaddressed atrocities, state practice and future challenges to combat impunity.
The book will be of relevance to legal scholars, students, practitioners of law and human rights advocates. It also offers interesting insights to political scientists, historians and journalists.
Tania Ixchel Atilano has a Dr. Iur. from the Humboldt Universität Berlin, an LLM in German Law from the Ludwig Maximilian Universität, Munich, and attained her law degree at the ITAM in Mexico City.
Zielgruppe
Research
Autoren/Hrsg.
Fachgebiete
Weitere Infos & Material
Chapter 1 Introduction.- Part I: General Features of the Mexican State and Its Relationship to International Law.- Chapter 2. The Mexican Legal System.- Chapter 3. Peculiarities of the Mexican Legal System that Could Potentially Prevent Prosecution of International Crimes.- Chapter 4. The Status of International Law in the Mexican Constitution.- Part II: Incorporation of Major Sources of International Criminal Law: The Rome Statute and the Laws of War.- Chapter 5. Mexico and the Rome Statute.- Part III: Interpretation and Application of International Criminal Law in Mexico’s State Practice.- Chapter 6. Incorporation of the Laws of War in the Mexican Legal Order.- Chapter 7. Interpretation of International Criminal Law Principles by the Mexican Judiciary.- Chapter 8. Implementation of Humanitarian Law during the Armed Conflict in Chiapas.- Chapter 9. Application of Provisions of the Rome Statute in Resolutions of Domestic Law.- Part IV: Towards an Adequate Incorporation of International Criminal Law.- Chapter 10. Proposed Legal Framework.- Chapter 11. Conclusions.
