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Author: Carsten Stahn
Publisher: BRILL
ISBN: 9004166556
Category : Political Science
Languages : en
Pages : 793
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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. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
Author: Carsten Stahn
Publisher: BRILL
ISBN: 9004166556
Category : Political Science
Languages : en
Pages : 793
Get Book
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. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
Author: Carsten Stahn
Publisher: Oxford University Press, USA
ISBN: 0198705166
Category : Law
Languages : en
Pages : 1441
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Book Description
The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Author: William Schabas
Publisher: Cambridge University Press
ISBN: 0521881250
Category : Law
Languages : en
Pages : 15
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Book Description
The International Criminal Court ushers in a new era in the protection of human rights. The Court will prosecute genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. This third revised edition considers the initial rulings by the Pre-Trial Chambers and the Appeals Chamber, and the cases it is prosecuting, namely, Democratic Republic of Congo, northern Uganda, Darfur, as well as those where it had decided not to proceed, such as Iraq. The law of the Court up to and including its ruling on a confirmation hearing, committing Chalres Lubanga for trial on child soldiers offences, is covered. It also addresses the difficulties created by US opposition, analysing the ineffectiveness of measures taken by Washington to obstruct the Court, and its increasing recognition of the inevitability of the institution.
Author: Emma Palmer
Publisher: Routledge
ISBN: 100052082X
Category : Law
Languages : en
Pages : 333
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Book Description
This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.
Author: Triestino Mariniello
Publisher: Routledge
ISBN: 131770309X
Category : Law
Languages : en
Pages : 288
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Book Description
The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.
Author: Professor Roberto Bellelli
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497119
Category : Law
Languages : en
Pages : 1145
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Book Description
This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice by using case studies to provide advice for possible future developments in international criminal procedure and law.
Author: Geert-Jan Knoops
Publisher: BRILL
ISBN: 9004479619
Category : Law
Languages : en
Pages : 445
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Book Description
This innovative book provides an incisive, knowledgeable and comprehensive study of the promises and limitations of the emerging phenomenon of surrender of individuals to international criminal courts, such as the International Criminal Court of the Former Yugoslavia (ICTY), the International Criminal Court of Rwanda (ICTR), and the International Criminal Court (ICC). It is the first study on this area. The author analyses the distinctions and similarities with international extradition norms and persuasively establishes the international legal confinements of the surrender concept and the role of states and NATO-forces within this concept. In developing an international uniform framework for the surrender of individuals to international criminal courts, the author meticulously examines the Statutes of the ICTY, ICTR and ICC as well as their case law on this subject in conjunction with that of the European Court of Human Rights. Published under the Transnational Publishers imprint.
Author: Robert Cryer
Publisher: Cambridge University Press
ISBN: 1139993348
Category : Law
Languages : en
Pages : 1473
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Book Description
By offering both a comprehensive update and new material reflecting the continuing development of the subject, this continues to be the leading textbook on international criminal law. Its experienced author team draws on its combined expertise as teachers, scholars and practitioners to offer an authoritative survey of the field. The third edition contains new material on the theory of international criminal law, the practice of international criminal tribunals, the developing case law on principles of liability and procedures and new practice on immunities. It offers valuable supporting online materials such as case studies, worked examples and study guides. Retaining its comprehensive coverage, clarity and critical analysis, it remains essential reading for all in the field.
Author: Andrew Novak
Publisher: Springer
ISBN: 3319158325
Category : Social Science
Languages : en
Pages : 116
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Book Description
This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.
Author: Franziska Boehme
Publisher: Routledge
ISBN: 100059338X
Category : Law
Languages : en
Pages : 152
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Book Description
This book analyzes patterns and causes of state cooperation with the International Criminal Court. The work focuses on several African cases, including those against leading state officials, to dive into current debates about compliance with international law and resistance to international courts. The book, which draws on interview data collected in The Hague, Kenya, and South Africa, reveals the diversity of state behaviors ranging from full compliance and diplomatic support to partial compliance to resistance and exit. This redirects the widespread narrative about African resistance against the ICC to include evidence of continued Court support. It is argued that the degree of cooperation the Court receives is affected by a government’s perceived costs and benefits of executing an ICC request: a cooperation request is considered high cost or low cost depending on the suspect’s position, the type of action requested, and the government’s domestic and regional policy objectives. In response, the Court has been careful not to alienate states further, thus highlighting that the Court is both above and below the state: having the power to charge individuals including state officials, but relying on governments—sometimes those from which suspects come—to take action on behalf of the Court against the same suspects. The book will be of interest to academics, researchers, and policymakers working in the areas of international law, human rights, international criminal justice, and international relations.
