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International Criminal Justice Case Selection Independence
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Book Synopsis International Criminal Justice Case Selection Independence by : Chris Mahony
Download or read book International Criminal Justice Case Selection Independence written by Chris Mahony and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-06-27 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Independence of the International Criminal Court by : Alphonse Muleefu
Download or read book The Independence of the International Criminal Court written by Alphonse Muleefu and published by . This book was released on 2019 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often assumed that the independence of a criminal court is synonymous with the impartiality of judges. However, discussions around the independence of the International Criminal Court are, in most cases, about the Court as an institution and about the work of the Office of the Prosecutor. The Independence of the International Criminal Court: Between a Rock and a Hard Place focuses on understanding the different competing narratives which defend and critique the Court's 'institutional' independence and legitimacy, and particularly its relationship with Africa. Critical discourse analysis techniques are used to capture the way in which language is used to express the collective power capable of influencing the policies of the Court. 'In assessing the ICC's independence and legitimacy, Alphonse Muleefu is scrupulously even-handed in weighing the claims of the Court's supporters and critics. The book's dialogical approach enables a deep understanding of how the ICC views its role in addressing mass crimes and why the Court's critics - especially in Africa - are so concerned about its impact across the continent. This book is nuanced, thorough and essential reading for anyone trying to fathom where the ICC finds itself 17 years into its existence. 'Dr Phil Clark, SOAS University of London' The Independence of the International Criminal Court: Between A Rock and A Hard Place" provides a tremendously vivid and fascinating study of politics in action. By analysing the public speeches and written texts that mark critical moments in the court's history the book offers a desperately needed analysis of the place of politics in the life of the law. Alphonse captures beautifully various key discourses and sets them side-by-side forcing us to contend with the difficulties of the ICC's relationship with Africa and their implications for understanding law in an uneven world. He also turns us to the crude realities of that world as seen in the spoken and written word highlighting how the key challenge of twenty-first century justice analysis is not only what is done and what is said but also how those things are seen. A refreshing account of the complex dynamics of discourse. A must read. 'Prof. Kamari M. Clarke, The University of California, Los Angeles.
Book Synopsis Justice As Message by : Carsten Stahn
Download or read book Justice As Message written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2020-05-28 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.
Book Synopsis The Making of International Criminal Justice: A View from the Bench: Selected Speeches by : Theodor Meron
Download or read book The Making of International Criminal Justice: A View from the Bench: Selected Speeches written by Theodor Meron and published by OUP Oxford. This book was released on 2011-07-07 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recently, and with a few notable exceptions in the wake of World War II, violations of the laws of war and international humanitarian law were addressed primarily as claims between states. However, this approach has changed radically in the last twenty years, as the international community has increasingly accepted the idea of individual criminal responsibility for violations of international humanitarian law. The International Criminal Tribunals for the former Yugoslavia and Rwanda have played a key role in this transformation and, as the trailblazers for a growing number of new international or hybrid criminal courts, in establishing the field of international criminal justice and encouraging the national prosecution of war crimes. Understanding the Tribunals' origins, their ground-breaking jurisprudence, and how they have addressed critical legal and practical challenges is essential to understanding both the revolution that has occurred over the past twenty years and how international criminal law will change and grow in the years ahead. As a leading scholar on humanitarian law, and President of the International Criminal Tribunal for the former Yugoslavia, Theodor Meron has observed and influenced the development of international criminal law as it has evolved from a mostly academic exercise to a cornerstone of the new international legal order. In this collection of speeches delivered during his first decade on the bench, he offers an insightful overview of the foundations of international criminal law as well as a unique insider's perspective on the challenges faced by international criminal tribunals, their creation of a corpus of substantive and procedural law, and the responsibilities of international jurists. Judge Meron's experience in international criminal justice makes this volume as rewarding for experts as it is for the general public.
Book Synopsis The Accusation Model Before the International Criminal Court by : Hanna Kuczyńska
Download or read book The Accusation Model Before the International Criminal Court written by Hanna Kuczyńska and published by Springer. This book was released on 2015-05-07 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?
Book Synopsis Criteria for Prioritizing and Selecting Core International Crimes Cases by : Morten Bergsmo
Download or read book Criteria for Prioritizing and Selecting Core International Crimes Cases written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-07-23 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Politics of International Criminal Justice by : Ronen Steinke
Download or read book The Politics of International Criminal Justice written by Ronen Steinke and published by Bloomsbury Publishing. This book was released on 2012-05-25 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: To anyone setting out to explore the entanglement of international criminal justice with the interests of States, Germany is a particularly curious, exemplary case. Although a liberal democracy since 1949, its political position has altered radically in the last 60 years. Starting from a position of harsh scepticism in the years following the Nuremberg Trials, and opening up to the rationales of international criminal justice only slowly - and then mainly in the context of domestic trials against functionaries of the former East German regime after 1990 - Germany is today one of the most active supporters of the International Criminal Court. The climax of this is its campaigning to make the ICC independent of the UN Security Council - a debate in which Germany took a position in stark contrast to the United States. This book offers new insight into the debates leading up to such policy shifts. Drawing on government documents and interviews with policymakers, it enriches a broader debate on the politics of international criminal justice which has to date often been focused primarily on the United States.
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 164 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.
Book Synopsis Judges and the Making of International Criminal Law by : Joseph Powderly
Download or read book Judges and the Making of International Criminal Law written by Joseph Powderly and published by BRILL. This book was released on 2020-06-08 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.
Book Synopsis The Politics of International Criminal Justice by : Ronen Steinke
Download or read book The Politics of International Criminal Justice written by Ronen Steinke and published by Bloomsbury Publishing. This book was released on 2012-05-25 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: To anyone setting out to explore the entanglement of international criminal justice with the interests of States, Germany is a particularly curious, exemplary case. Although a liberal democracy since 1949, its political position has altered radically in the last 60 years. Starting from a position of harsh scepticism in the years following the Nuremberg Trials, and opening up to the rationales of international criminal justice only slowly - and then mainly in the context of domestic trials against functionaries of the former East German regime after 1990 - Germany is today one of the most active supporters of the International Criminal Court. The climax of this is its campaigning to make the ICC independent of the UN Security Council - a debate in which Germany took a position in stark contrast to the United States. This book offers new insight into the debates leading up to such policy shifts. Drawing on government documents and interviews with policymakers, it enriches a broader debate on the politics of international criminal justice which has to date often been focused primarily on the United States.
Book Synopsis Historical Origins of International Criminal Law by : Morten Bergsmo
Download or read book Historical Origins of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-11-19 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Selective Enforcement and International Criminal Law by : James Nyawo
Download or read book Selective Enforcement and International Criminal Law written by James Nyawo and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dynamics of enforcing international criminal justice through the International Criminal Court (ICC) has become a challenging exercise in Africa. At times the uneasy relationship between the ICC, the African Union, and a few influential African states has given rise to concerns about the future of international criminal justice in general, and in Africa in particular. Still, the enthusiasts for international criminal justice as enforced by the ICC, interpret the challenges that the ICC is encountering in Africa as part of the growing pains of a new institution in the international system. The distractors have already prepared the ICC's obituary. One of the criticisms levelled against the ICC, and which is the motivation for, and central theme behind, this book is that the ICC has morphed and ceased to be an independent legal institution, instead becoming a political tool utilized by politically powerful states in the West against their political opponents in Africa. More specifically, the Court is alleged to be selectively enforcing international criminal law by only officially opening investigations and prosecutions in Africa. Although this book recognizes that selective implementation of criminal justice is acceptable both at the domestic and international level, it analyzes the legal and political factors behind the Court's focus on international crimes committed in Africa when there are other situations to which the court should potentially turn its attention, such as in Syria, Afghanistan or the Occupied Palestinian Territories. The book seeks to determine whether such a focus implies that Africa has the monopoly over international crimes or whether African victims or perpetrators are any different from those in the Middle East? In addition the book attempts to uncover the basis and the validity of the African Union and some African states' criticisms of the ICC. (Series: Supranational Criminal Law: Capita Selecta, Vol. 20) Subject: International Criminal Law, African Law]
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 International Criminal Law: Cases and Commentary by : Antonio Cassese
Download or read book International Criminal Law: Cases and Commentary written by Antonio Cassese and published by Oxford University Press. This book was released on 2011-02-24 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decisions presented in the book are helpfully accompanied by short introductions setting out the circumstances of each case and brief commentaries on the importance of the decision and principles illustrated. --Book Jacket.
Book Synopsis Selecting International Judges by : Ruth Mackenzie
Download or read book Selecting International Judges written by Ruth Mackenzie and published by Oxford University Press. This book was released on 2010-06-17 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts are called upon to decide upon an increasingly wide range of issues of global importance, yet public knowledge of international judges and the process by which they are appointed remains very limited. Drawing on extensive empirical research, this book explains how the judges who sit on international courts are selected.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis The Culture of Judicial Independence by : Shimon Shetreet
Download or read book The Culture of Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 2014-09-12 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an in depth analysis of current issues of culture of judicial independence in comparative perspective by senior academics, judges and practitioners across jurisdictions. It deals with central topics that stand high in the academic and public discourse on the role of judges in society and in the system of government, their constitutional position, and the relations between top domestic courts and international and supra-national courts.
