States' Responses to Issues Arising from the ICC Statute PDF Download
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Author: Thomas H.C. Lee
Publisher: BRILL
ISBN: 900447983X
Category : Law
Languages : en
Pages : 335
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Book Description
This comparative study focuses on the legislative methods and techniques used in 12 countries to give effect to the International Criminal Court. The text covers both common law as well as civil law countries: Argentina; Brazil; South Africa; The Netherlands; Liechtenstein; France; Sweden; Germany; Norway; Italy; Canada; and the UK. The practice of each state forms a chapter focusing on constitutional, sovereign, and criminal issues. Two additional chapters discuss such issues now facing Japan and Mexico. The contributors focus on real issues encountered and methods and techniques actually employed with the purpose of serving as a practical guide to those countries that are still looking for methods to give effect to the Rome Statute. In each case the authors explain why certain legislative approaches were used and why others were not selected. The authors are all experts with years’ of experience in the field; most of them participated in preparing the relevant domestic laws and in the making of the Rome Statute. Published under the Transnational Publishers imprint.
Author: Thomas H.C. Lee
Publisher: BRILL
ISBN: 900447983X
Category : Law
Languages : en
Pages : 335
Get Book
Book Description
This comparative study focuses on the legislative methods and techniques used in 12 countries to give effect to the International Criminal Court. The text covers both common law as well as civil law countries: Argentina; Brazil; South Africa; The Netherlands; Liechtenstein; France; Sweden; Germany; Norway; Italy; Canada; and the UK. The practice of each state forms a chapter focusing on constitutional, sovereign, and criminal issues. Two additional chapters discuss such issues now facing Japan and Mexico. The contributors focus on real issues encountered and methods and techniques actually employed with the purpose of serving as a practical guide to those countries that are still looking for methods to give effect to the Rome Statute. In each case the authors explain why certain legislative approaches were used and why others were not selected. The authors are all experts with years’ of experience in the field; most of them participated in preparing the relevant domestic laws and in the making of the Rome Statute. Published under the Transnational Publishers imprint.
Author: Alexandre Skander Galand
Publisher: BRILL
ISBN: 9004342214
Category : Law
Languages : en
Pages : 278
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Book Description
Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
Author: Oumar Ba
Publisher: Cambridge University Press
ISBN: 1108806082
Category : Law
Languages : en
Pages : 207
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Book Description
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
Author: Mark Klamberg
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283481010
Category : Law
Languages : en
Pages : 819
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Book Description
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 829308135X
Category : Law
Languages : en
Pages : 300
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Book Description
'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.
Author: Jann K. Kleffner
Publisher: Oxford University Press
ISBN: 0199238456
Category : Law
Languages : en
Pages : 424
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Book Description
This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.
Author: Jann K. Kleffner
Publisher: T.M.C. Asser Press
ISBN: 9789067042697
Category : Law
Languages : en
Pages : 784
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Book Description
The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere, and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
Author: Julia Raue
Publisher: Martinus Nijhoff Publishers
ISBN: 9004174036
Category : Law
Languages : en
Pages : 353
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Book Description
Drawing on a mix of international academic and field expert work, this book presents and analyses contemporary state-building efforts. It offers studies on the theoretical and practical foundations and causes of state-building, identifies the role and responsibilities of key actors and points to vital issues which merit specific attention in state-building undertakings. The book offers lessons for the future of state-building relevant to both practitioners and the academic community.
Author: Carsten Stahn
Publisher: BRILL
ISBN: 9004180753
Category : Business & Economics
Languages : en
Pages : 792
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Book Description
The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition.
Author: William A. Schabas
Publisher: Cambridge University Press
ISBN: 131688323X
Category : Law
Languages : en
Pages : 613
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Book Description
The International Criminal Court ushered in a new era in the protection of human rights. The Court prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression when national justice systems are either unwilling or unable to do so themselves. This fifth edition of the seminal text describes a Court which is no longer in its infancy; the Court is currently examining situations that involve more than twenty countries in every continent of the planet. This book considers the difficulties in the Court's troubled relationship with Africa, the vagaries of the position of the United States, and the challenges the Court may face as it confronts conflicts around the world. It also reviews the history of international criminal prosecution and the Rome Statute. Written by a leading commentator, it is an authoritative and up-to-date introduction to the legal issues involved in the creation and operation of the Court.
