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Complementarity In The Line Of Fire
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Book Synopsis Complementarity in the Line of Fire by : Sarah M. H. Nouwen
Download or read book Complementarity in the Line of Fire written by Sarah M. H. Nouwen and published by Cambridge University Press. This book was released on 2013-06-27 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the many expectations attending the creation of the first permanent International Criminal Court, the greatest has been that the principle of complementarity would catalyse national investigations and prosecutions of conflict-related crimes and lead to the reform of domestic justice systems. Sarah Nouwen explores whether complementarity has had such an effect in two states subject to ICC intervention: Uganda and Sudan. Drawing on extensive empirical research and combining law, legal anthropology and political economy, she unveils several effects and outlines the catalysts for them. However, she also reveals that one widely anticipated effect – an increase in domestic proceedings for conflict-related crimes – has barely occurred. This finding leads to the unravelling of paradoxes that go right to the heart of the functioning of an idealistic Court in a world of real constraints.
Book Synopsis Complementarity in the Line of Fire by : Sarah M. H. Nouwen
Download or read book Complementarity in the Line of Fire written by Sarah M. H. Nouwen and published by . This book was released on 2013 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the impact of the Rome Statute's complementarity principle on two states in which the International Criminal Court has intervened.
Book Synopsis Research Handbook on International Criminal Law by : Bartram S. Brown
Download or read book Research Handbook on International Criminal Law written by Bartram S. Brown and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This timely, valuable and thought-provoking contribution to our understanding of the vibrant new subject that is international criminal law, is a great addition to the literature and to our understanding. Professor Bart Brown deserves real appreciation for bringing it together.' – Philippe Sands QC, University College London and Matrix Chambers, UK 'The Research Handbook is a comprehensive up-to-date guide to one of the youngest yet most dynamic areas of international law. It tackles the pertinent challenges and opportunities, starting with the classical issues like categories of international crimes and complementarity, going on to address the problems ahead including the Guantánamo regime, crimes against women and the status of private security contractors. The Handbook will be a valuable source for both general and advanced international criminal law research.' – James Crawford, Cambridge University, UK This carefully regarded and well-structured handbook covers the broad range of norms, practices, policies, processes and institutional mechanisms of international criminal law, exploring how they operate and continue to develop in a variety of contexts. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. The Research Handbook on International Criminal Law will appeal to practitioners who may want to defend, or prosecute, international criminal law cases, and academics researching and writing on international criminal law. Graduate students studying international criminal law, international human rights or international humanitarian law as well as those studying international justice, international politics, international organization or public policy analysis, will also find this book invaluable.
Book Synopsis The International Criminal Court and Positive Complementarity. ASP Institutional Framework by : Milton Owuor
Download or read book The International Criminal Court and Positive Complementarity. ASP Institutional Framework written by Milton Owuor and published by GRIN Verlag. This book was released on 2018-06-19 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1.0, University of Pretoria, language: English, abstract: This study seeks to establish how the legal and institutional framework for positive complementarity may be effectively implemented. It is argued that the existing legal and institutional framework in respect of the effective combatting of impunity is largely unsatisfactory. The evolution of the principle of complementarity, in the context of the Rome Statute, is explored with emphasis on the theoretical constraints on the principle which, in turn, raise practical challenges. The analysis provides a theoretical background to the conceptualisation of positive complementarity. The study traces the evolution and development of the concept of positive complementarity, examining its characteristic features and attributes, and the possibilities and opportunities the concept presents for the effective combatting of impunity. It examines the various scholarly arguments and propositions advanced to explain the concept of positive complementarity, and analyses the attendant challenges and limitations. It is noted that there is no fixed and universally acceptable definition of positive complementarity. It is therefore argued that there is a need for the establishment of a coherent legal and institutional framework for positive complementarity. In this light, appropriate policy alternatives and considerations both domestically and internationally, are considered. On the international level limitations characterising the current institutional framework of the Secretariat of the Assembly of States Parties (ASP Secretariat) are identified. It is argued that a fundamental restructuring of the ASP Secretariat is essential and measures to restructure the ASP Secretariat in order to reinforce its effectiveness in fulfilling its mandate on positive complementarity are identified. At the domestic level, the various aspects of implementing legislation are discussed. In conclusion, the establishment of an independent office to address positive complementarity and revitalise the institutional framework within the legal structures of the ASP Secretariat, is examined. The study envisages that the proposed institutional framework for the ASP Secretariat, if implemented, would effectively support the national jurisdictions of state parties in their implementation of the concept of positive complementarity. This study represents an unequivocally original contribution to knowledge and research.
Book Synopsis Complementarity in the Line of Fire by : Sarah M. H. Nouwen
Download or read book Complementarity in the Line of Fire written by Sarah M. H. Nouwen and published by Cambridge University Press. This book was released on 2013-11-07 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book follows as LAW"--
Book Synopsis Complementarity, Catalysts, Compliance by : Christian M. De Vos
Download or read book Complementarity, Catalysts, Compliance written by Christian M. De Vos and published by Cambridge University Press. This book was released on 2020-04-23 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its establishment at the turn of the century, a central preoccupation of the International Criminal Court (ICC) has been to catalyse the pursuit of criminal accountability at the domestic level. Drawing on ten years of research, this book theorizes the ICC's principle of complementarity as a transnational site and adaptive strategy for realizing an array of ambitious governance goals. Through a grounded, inter-disciplinary approach, it illustrates how complementarity came to be framed as a 'catalyst for compliance' and its unexpected effects on the legal frameworks and institutions of three different ICC 'situation countries' in Africa: Uganda, Kenya, and the Democratic Republic of Congo. Linking complementarity's law and practice to contemporary debates in international law and relations, the book unsettles international law's dominant progressive narrative. It urges a critical rethinking of the ICC's politics and a reorientation towards international criminal justice as a project of global legal pluralism.
Book Synopsis Deference in International Courts and Tribunals by : Lukasz Gruszczynski
Download or read book Deference in International Courts and Tribunals written by Lukasz Gruszczynski and published by OUP Oxford. This book was released on 2014-10-09 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.
Book Synopsis International Criminal Law in Context by : Philipp Kastner
Download or read book International Criminal Law in Context written by Philipp Kastner and published by Routledge. This book was released on 2017-10-20 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
Book Synopsis Africa and the Shaping of International Human Rights by : Derrick M. Nault
Download or read book Africa and the Shaping of International Human Rights written by Derrick M. Nault and published by Oxford University Press. This book was released on 2020-12-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa throughout its postcolonial history has been plagued by human rights abuses ranging from intolerance of political dissent to heinous crimes such as genocide. Some observers consequently have gone so far as to suggest that human rights are a concept alien to African cultures. The International Criminal Court (ICC)'s focus on Africa in recent years has reinforced the region's reputation as a hotspot for human rights violations. But despite Africa's notoriety concerning human rights, Africa and the Shaping of International Human Rights argues that the continent has been pivotal in helping to shape contemporary human rights norms and practices. Challenging prevailing Eurocentric interpretations of human rights' origins and evolution, it demonstrates that from the colonial era to the present Africa's peoples have drawn attention to and prompted novel ways of thinking about human rights through their encounters with the world at large. Beginning with the depredations of King Leopold II in the Congo Free State in the 1880s and ending with the ICC's current activities in Africa, it reveals how African events, personalities, groups, and nations have influenced the trajectory of human rights history in intriguing and critical ways, in the end enlarging and universalizing a major discourse of our time.
Book Synopsis Thematic Prosecution of International Sex Crimes by : Morten Bergsmo
Download or read book Thematic Prosecution of International Sex Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-06-01 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law and Practice of the International Criminal Court by : Carsten Stahn
Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by OUP Oxford. This book was released on 2015-05-28 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.
Book Synopsis Justice and Diplomacy by : Mark S. Ellis
Download or read book Justice and Diplomacy written by Mark S. Ellis and published by Cambridge University Press. This book was released on 2018-03-05 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diplomacy is used primarily to advance the interests of a state beyond its borders, within a set of global norms intended to assure a degree of international harmony. As a result of internal and international armed conflicts, the need to negotiate peace through an emerging system of international humanitarian and criminal law has required nations to use diplomacy to negotiate 'peace versus justice' trade-offs. Justice and Diplomacy is the product of a research project sponsored by the Academie Diplomatique Internationale and the International Bar Association, and focuses on specific moments of collision or contradiction in diplomatic and judicial processes during the humanitarian crises in Bosnia, Rwanda, Kosovo, Darfur, and Libya. The five case studies present critical issues at the intersection of justice and diplomacy, including the role of timing, signalling, legal terminology, accountability, and compliance. Each case study focuses on a specific moment and dynamic, highlighting the key issues and lessons learned.
Book Synopsis The Local Impact of the International Criminal Court The Local Impact of the International Criminal Court by : Marieke Wierda
Download or read book The Local Impact of the International Criminal Court The Local Impact of the International Criminal Court written by Marieke Wierda and published by Cambridge University Press. This book was released on 2023-07-20 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court seeks to end impunity for the world's worst crimes, to contribute to their prevention. But what is its impact to date? This book takes an in-depth look at four countries under scrutiny of the ICC: Afghanistan, Colombia, Libya, and Uganda. It puts forward an analytical framework to assess the impact of the ICC on four levels: on the domestic legal systems (systemic effect); on peace negotiations and agreements (transformative effect); on victims (reparative effect); and on the perceptions of affected populations (demonstration effect). It concludes that the ICC is having a normative impact on domestic legal systems and peace agreements, but it has brought little reparative justice for victims, and it does not necessarily correspond with how affected populations view justice priorities. The book concludes that justice for the world's worst crimes has no 'universal formula' that can easily be captured in law by one institution.
Book Synopsis Africa and the ICC by : Kamari M. Clarke
Download or read book Africa and the ICC written by Kamari M. Clarke and published by Cambridge University Press. This book was released on 2016-10-27 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa and the ICC: Perceptions of Justice comprises contributions from prominent scholars of different disciplines including international law, political science, cultural anthropology, African history and media studies. This unique collection provides the reader with detailed insights into the interaction between the African Union and the International Criminal Court (ICC), but also looks further at the impact of the ICC at a societal level in African states and examines other justice mechanisms on a local and regional level in these countries. This investigation of the ICC's complicated relationship with Africa allows the reader to see that perceptions of justice are multilayered.
Book Synopsis Contested Justice by : Christian De Vos
Download or read book Contested Justice written by Christian De Vos and published by Cambridge University Press. This book was released on 2015-12-18 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth and interdisciplinary analysis of the politics and practice of the International Criminal Court. This title is also available as Open Access.
Download or read book Distant Justice written by Phil Clark and published by Cambridge University Press. This book was released on 2018-11-08 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the controversy stirred by the International Criminal Court (ICC) in Africa, Clark analyses its multi-level impact on national politics and ordinary communities.
Book Synopsis Negotiating Peace by : Sven M. G. Koopmans
Download or read book Negotiating Peace written by Sven M. G. Koopmans and published by Oxford University Press. This book was released on 2018-07-18 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first and only practical guide to negotiating peace. In this ground-breaking book Sven Koopmans, who is both a peace negotiator and a scholar, discusses the practice, politics, and law of international mediation. With both depth and a light touch he explores successful as well as failed attempts to settle the wars of the world, building on decades of historical, political, and legal scholarship. Who can mediate between warring parties? How to build confidence between enemies? Who should take part in negotiations? How can a single diplomat manage the major powers? What issues to discuss first, what last? When to set a deadline? How to maintain confidentiality? How to draft an agreement, and what should be in it? How to ensure implementation? The book discusses the practical difficulties and dilemmas of negotiating agreements, as well as existing solutions and possible future approaches. It uses examples from around the world, with an emphasis on the conflicts of the last twenty-five years, but also of the previous two-and-a-half-thousand. Rather than looking only at either legal, political or organizational issues, Negotiating Peace discusses these interrelated dimensions in the way they are confronted in practice: as an integral whole. With one leading question: what can be done?
