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Book Synopsis The Crime of Aggression Under the Rome Statute of the International Criminal Court by : Carrie McDougall
Download or read book The Crime of Aggression Under the Rome Statute of the International Criminal Court written by Carrie McDougall and published by Cambridge University Press. This book was released on 2013-04-18 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the crime of aggression amendments adopted under the International Criminal Court's Statute in 2010.
Book Synopsis The Jurisdiction of the International Criminal Court by : Victor Tsilonis
Download or read book The Jurisdiction of the International Criminal Court written by Victor Tsilonis and published by Springer Nature. This book was released on 2019-11-23 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a holistic examination of the jurisdiction of the International Criminal Court (ICC). The main focus is placed on the three pillars which form the ICC’s foundation pursuant to the Rome Statute: the preconditions to the exercise of its jurisdiction (Article 12 Rome Statute) the substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression) the principle of complementarity (Article 17§1 (a) Rome Statute) The latter governs the ICC's ‘ultimate jurisdiction’, since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution. Finally yet importantly, the main ‘negative preconditions’ for the Court’s jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature.
Book Synopsis Mens Rea at the International Criminal Court by : Geert-Jan Alexander Knoops
Download or read book Mens Rea at the International Criminal Court written by Geert-Jan Alexander Knoops and published by BRILL. This book was released on 2016-11-21 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume offers an overview of all aspects of mens rea that may surface before the International Criminal Court (ICC). The book commences with an introduction of the concept of mens rea and controversies concerning this concept before national courts and ad hoc tribunals. This is followed by an examination of the definitional elements of mens rea at the ad hoc tribunals. The mens rea requirements for the specific liability modes applied at the ad hoc tribunals will be examined. Subsequently, definitional aspects of mens rea at the ICC will be discussed, and in particular the mens rea requirements for the specific liability modes as provided for in the Rome Statute. Separate chapters will address the mens rea requirements for the crimes listed in the Rome Statute: war crimes, genocide, crimes against humanity and the crime of aggression, respectively. An analysis of customary international law or the standards promulgated by the ad hoc tribunals will be used as examples where the ICC case law is scarce. A specific chapter will be devoted to mens rea requirements for political speeches. In some cases, certain speeches have been said to be catalysts of international crimes. Therefore, it is relevant to examine how the accused’s intent was construed. The book will conclude with mens rea defenses in international criminal law, which will be specifically applied to the defenses listed in the Rome Statute.
Book Synopsis The Emerging Practice of the International Criminal Court by : Carsten Stahn
Download or read book The Emerging Practice of the International Criminal Court written by Carsten Stahn and published by BRILL. This book was released on 2009 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The International Criminal Court and the Transformation of International Law: Justice for the New Millenium by : Leila Sadat
Download or read book The International Criminal Court and the Transformation of International Law: Justice for the New Millenium written by Leila Sadat and published by BRILL. This book was released on 2021-10-01 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.
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 Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The International Criminal Court and Global Social Control by : Nerida Chazal
Download or read book The International Criminal Court and Global Social Control written by Nerida Chazal and published by Routledge. This book was released on 2015-12-14 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.
Book Synopsis Commentary on the Law of the International Criminal Court by : Mark Klamberg
Download or read book Commentary on the Law of the International Criminal Court written by Mark Klamberg and published by Torkel Opsahl Academic EPublisher. This book was released on 2017-04-29 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law Book written by Michael H. Roffer and published by Union Square & Co.. This book was released on 2015-11-03 with total page 1262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Which was the last country to abolish slavery? Which is the only amendment to the U.S. Constitution ever to be repealed? How did King Henry II of England provide a procedural blueprint for criminal law? These are just a few of the thought-provoking questions addressed in this beautifully illustrated book. Join author Michael H. Roffer as he explores 250 of the most fundamental, far-reaching, and often-controversial cases, laws, and trials that have profoundly changed our world—for good or bad. Offering authoritative context to ancient documents as well as today’s hot-button issues, The Law Book presents a comprehensive look at the rules by which we live our lives. It covers such diverse topics as the Code of Hammurabi, the Ten Commandments, the Trial of Socrates, the Bill of Rights, women’s suffrage, the insanity defense, and more. Roffer takes us around the globe to ancient Rome and medieval England before transporting us forward to contemporary accounts that tackle everything from civil rights, surrogacy, and assisted suicide to the 2000 U.S. presidential election, Google Books, and the fight for marriage equality. Organized chronologically, the entries each consist of a short essay and a stunning full-color image, while the “Notes and Further Reading” section provides resources for more in-depth study. Justice may be blind, but this collection brings the rich history of the law to light.
Book Synopsis The Territorial Jurisdiction of the International Criminal Court by : Michalēs Vagias
Download or read book The Territorial Jurisdiction of the International Criminal Court written by Michalēs Vagias and published by Cambridge University Press. This book was released on 2014-10-16 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Vagias analyses the law and procedure surrounding the territorial jurisdiction of the International Criminal Court.
Book Synopsis The International Criminal Court by : William A. Schabas
Download or read book The International Criminal Court written by William A. Schabas and published by Oxford University Press. This book was released on 2017-01-19 with total page 2251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
Book Synopsis The International Criminal Court – An International Criminal World Court? by : Sarah Babaian
Download or read book The International Criminal Court – An International Criminal World Court? written by Sarah Babaian and published by Springer. This book was released on 2018-05-31 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court’s strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute’s provisions and its practical implementation through States’ practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC’s judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.
Download or read book States of Justice written by Oumar Ba and published by Cambridge University Press. This book was released on 2020-07-02 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The International Criminal Court and Africa by : Evelyn A. Ankumah
Download or read book The International Criminal Court and Africa written by Evelyn A. Ankumah and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the ICC can be said to contribute to criminal justice in Africa, it cannot be denied that the relationship between the Court and the continent has been troublesome. The ICC has been accused of targeting Africa, and many African states do not seem willing to cooperate with the Court. Debates on Africa and international criminal justice are increasingly politicised.
Book Synopsis China and the International Criminal Court by : Dan Zhu
Download or read book China and the International Criminal Court written by Dan Zhu and published by Springer. This book was released on 2018-02-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the evolving relationship between China and the International Criminal Court (ICC). It examines the substantive issues that have restricted China’s engagement with the ICC to date, and provides a comprehensive assessment of whether these Chinese concerns still constitute a significant impediment to China’s accession to the ICC in the years to come. The book places the China-ICC relationship within the wider context of China’s interactions with international judicial bodies, and uses the ICC as an example to reflect China’s engagement with international institutions and global governance in general. It seeks to offer a thought-provoking resource to international law and international relations scholars, legal practitioners, government legal advisers, and policy-makers about the nature, scope, and consequences of the relationship between China and the ICC, as well as its impact on both global governance and order. This book is the first of its kind to explore China’s engagement with the ICC primarily from a legal perspective.
Download or read book Means to an End written by Lee Feinstein and published by Rowman & Littlefield. This book was released on 2011-11-11 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court remains a sensitive issue in U.S. foreign policy circles. It was agreed to at the tail end of the Clinton administration, but with serious reservations. In 2002 the Bush administration ceremoniously reversed course and "unsigned" the Rome Statute that had established the Court. But recent developments in Washington and elsewhere indicate that the United States may be moving toward de facto acceptance of the Court and active cooperation in its mission. In Means to an End, Lee Feinstein and Tod Lindberg reassess the relationship of the United States and the ICC, as well as American policy toward international justice more broadly. Praise for the hardcover edition of Means to an End "Books of this sort are all too rare. Two experienced policy intellectuals, one liberal, one conservative, have come together to find common ground on a controversial foreign policy issue.... The book is short, but it goes a long way toward clearing the ideological air." — Foreign Affairs "A well-researched and timely contribution to the debate over America's proper relationship to the International Criminal Court. Rigorous in its arguments and humane in its conclusions, the volume is an indispensable guide for scholars and policymakers alike." —Madeleine K. Albright, former U.S. Secretary of State "Two of our nation's leading authorities on preventing atrocities have joined to make a convincing argument that closer cooperation with the International Criminal Court will help promote human rights and the values on which America was founded." —Angelina Jolie, co-chair, Jolie-Pitt Foundation
Download or read book Trial Justice written by Tim Allen and published by Zed Books Ltd.. This book was released on 2013-04-04 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.
