Bøger af Joseph Rikhof

After the Second World War, human rights law became entrenched in legal discourse as demonstrated by a proliferation of human rights treaties. While the right of asylum was recognized as a fundamental right in the Universal Declaration of Human Rights, it has never been an absolute right but instead has been restricted in various ways -- most significantly, that asylum should not be conferred on criminals and that refugees with a criminal background could be removed from the country of refuge. Exclusion and Refoulement: Criminality in International and Domestic Refugee Law examines the legislative instruments at the international and domestic levels as well as the extensive jurisprudence emanating from these instruments, which has attempted to balance the right of asylum for an individual versus the state of refuge to restrict this right in situations of criminality.

This study is the second in a four-part series entitled "Rethinking the Essentials of International Criminal Law and Transitional Justice". The first volume - The Concept of Universal Crimes in International Law - explored the parameters and theories related to crimes under international law. This volume examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic case law. They also analyse academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda, and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes an important contribution to a more coherent and practical understanding of international criminal law. The authors are recognised experts in the field, with many years of experience from academic, government and judicial service.