Palestine And The International Criminal Court

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Palestine and the International Criminal Court

Author : Seada Hussein Adem
Publisher : Springer
ISBN 13 : 9462652910
Total Pages : 228 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Palestine and the International Criminal Court by : Seada Hussein Adem

Download or read book Palestine and the International Criminal Court written by Seada Hussein Adem and published by Springer. This book was released on 2019-04-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the possible investigation and prosecution by the International Criminal Court (ICC) of crimes allegedly committed in the Israeli-Palestinian conflict. In light of the Rome Statute and the Practice of the Office of the Prosecutor of the Court, among others, it examines the route, possible outcomes, and challenges that may arise were the Palestine situation to be brought before the ICC. The subject matter is approached using the route the Prosecutor of the Court would generally employ to deal with situations. The publication offers a step-by-step procedure by which to conduct the preliminary examination and investigation of the situation in Palestine and deals with matters of jurisdiction, followed by a discussion of the fundamental concepts of complementarity and gravity to determine the admissibility before the ICC. Alleged crimes particularly unique to the Israeli-Palestinian conflict, such as the construction of settlements, forced displacement, house demolitions, the expropriation of land, the crime of apartheid and the blockade of Gaza, are dealt with in light of the Rome Statute and international law. On the basis of the established theories of transitional justice, the possible impacts of an ICC investigation and prosecution on the conflict are analysed and a number of insights are shared with regard to the impacts of the ICC on combatting impunity, fostering Palestine’s statehood, peace negotiations and the stability of the region. Due to the politicisation of the conflict and the various interests at stake, the impact of the ICC’s involvement on the credibility of the ICC itself is also reviewed. Recognizing the numerous impacts of the conflict on the existence of the two nations and the multitude of causes for its perpetuity, it does not limit itself to the ICC, but also provides other conflict resolution alternatives that could enable reconciliation and sustainable peace in the region. This book provides an array of opinions and a crucial input for researchers and practitioners alike, while it is also useful to those investigating and possibly involved in prosecutions regarding Palestine or other similar situations before the ICC. Seada Hussein Adem obtained a PhD from Humboldt University of Berlin, Germany, an LLM from the University of the Western Cape, South Africa, and an LLB from Haramaya University, Ethiopia./div

Is There a Court for Gaza?

Author : Chantal Meloni
Publisher : Springer Science & Business Media
ISBN 13 : 9067048194
Total Pages : 593 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Is There a Court for Gaza? by : Chantal Meloni

Download or read book Is There a Court for Gaza? written by Chantal Meloni and published by Springer Science & Business Media. This book was released on 2012-03-16 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.

The ABC of the OPT

Author : Orna Ben-Naftali
Publisher : Cambridge University Press
ISBN 13 : 1107156521
Total Pages : 583 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The ABC of the OPT by : Orna Ben-Naftali

Download or read book The ABC of the OPT written by Orna Ben-Naftali and published by Cambridge University Press. This book was released on 2018-05-10 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lexicon of the legal, administrative, and military terms and concepts central to the Israeli occupation of the Palestinian Territories.

Justice in Conflict

Author : Mark Kersten
Publisher : Oxford University Press
ISBN 13 : 0191082945
Total Pages : 273 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Justice in Conflict by : Mark Kersten

Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

The Law and Practice of the International Criminal Court

Author : Carsten Stahn
Publisher : Oxford University Press, USA
ISBN 13 : 0198705166
Total Pages : 1441 pages
Book Rating : 4.1/5 (987 download)

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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.

Justice for Some

Author : Noura Erakat
Publisher : Stanford University Press
ISBN 13 : 1503608832
Total Pages : 405 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Justice for Some by : Noura Erakat

Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

An Introduction to the International Criminal Court

Author : William Schabas
Publisher : Cambridge University Press
ISBN 13 : 0521881250
Total Pages : 15 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis An Introduction to the International Criminal Court by : William Schabas

Download or read book An Introduction to the International Criminal Court written by William Schabas and published by Cambridge University Press. This book was released on 2007-10-18 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Disputed Territories and International Criminal Law

Author : Simon McKenzie
Publisher : Routledge
ISBN 13 : 1000758052
Total Pages : 237 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Disputed Territories and International Criminal Law by : Simon McKenzie

Download or read book Disputed Territories and International Criminal Law written by Simon McKenzie and published by Routledge. This book was released on 2019-11-08 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute’s capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.

States of Justice

Author : Oumar Ba
Publisher : Cambridge University Press
ISBN 13 : 1108806082
Total Pages : 207 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis States of Justice by : Oumar Ba

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.

Contemporary Issues Facing the International Criminal Court

Author : Richard H. Steinberg
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004304452
Total Pages : 495 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Contemporary Issues Facing the International Criminal Court by : Richard H. Steinberg

Download or read book Contemporary Issues Facing the International Criminal Court written by Richard H. Steinberg and published by Martinus Nijhoff Publishers. This book was released on 2016-04-08 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: • Jurisdiction: The 2008-2009 Gaza Issue • The Obligation to Arrest in the Darfur Context • Appropriate Limitations on Oversight • The ICC and Prevention of Crimes • Reparations • Proving Mass Rape • Focus on Africa: Is the ICC Biased? • Increasing Rates of Apprehension and Arrest Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.

The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties

Author : Monique Cormier
Publisher : Cambridge University Press
ISBN 13 : 1108499309
Total Pages : 273 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties by : Monique Cormier

Download or read book The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties written by Monique Cormier and published by Cambridge University Press. This book was released on 2020-08-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book-length work to provide a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties.

The International Criminal Court

Author : Roy S. Lee
Publisher :
ISBN 13 : 9781571052094
Total Pages : 0 pages
Book Rating : 4.0/5 (52 download)

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Book Synopsis The International Criminal Court by : Roy S. Lee

Download or read book The International Criminal Court written by Roy S. Lee and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the eyes of those who actually conducted the negotiations, each of the 28 chapters chapter focuses on how the Elements and Rules were negotiated, what the main issues were, why certain provisions were included, and why certain proposals were deliberately left out. In the absence of any official travaux preparatoires, this work facilitates a better understanding of the legislative intent and serves as a guide to future application of the Statute by the Court.

The Territorial Jurisdiction of the International Criminal Court

Author : Michalēs Vagias
Publisher : Cambridge University Press
ISBN 13 : 1107034272
Total Pages : 379 pages
Book Rating : 4.1/5 (7 download)

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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.

Paralysing International Criminal Justice

Author : Farhad Malekian
Publisher : Nova Sciencepublishers Incorporated
ISBN 13 : 9781536187823
Total Pages : 366 pages
Book Rating : 4.1/5 (878 download)

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Book Synopsis Paralysing International Criminal Justice by : Farhad Malekian

Download or read book Paralysing International Criminal Justice written by Farhad Malekian and published by Nova Sciencepublishers Incorporated. This book was released on 2020 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though the injustices occurring against the Palestinians are alarming, no government is assisting the victims. The gavel of lady justice has been stolen by the permanent members of the Security Council, and thus, no state has spoken out against the injustices. The judges and prosecutors of the international courts are threatened by the dialogues of the powerful authorities, and they even celebrate the mourning of the broken dreams of the innocent children. The Palestinian population has been subjected to genocide, annihilation, banishment, and terror at the hands of the grandchildren of those who themselves greatly suffered from the genocide in Europe -- and still this situation has been referred to as the deal of the century. For a long period of time, the territorial integrity, the traditional sovereignty, the spiritual capital, and the international legal personality of one of the oldest nations of the world have been suffering, arguably to feed the political laundering of other nations. Without any hesitation, the principles of dignity, justice, and equality allegedly upheld by the United Nations should be questioned given the inequity in voting and membership within the organisation. This book seeks bare justice and to tackle the grave violations of international criminal justice in Palestine and elucidate the fact that the notions of irresponsibility, non-accountability, and impunity are stronger than the corpus of the permanent International Criminal Court. The pillars of this book are addressed to every single individual of the universe who cares for the virtue of moral justice.

The Jurisdiction of the International Criminal Court

Author : Victor Tsilonis
Publisher : Springer Nature
ISBN 13 : 3030215261
Total Pages : 292 pages
Book Rating : 4.0/5 (32 download)

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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.

Intersections of Law and Culture at the International Criminal Court

Author : Julie Fraser
Publisher : Edward Elgar Publishing
ISBN 13 : 1839107308
Total Pages : 456 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Intersections of Law and Culture at the International Criminal Court by : Julie Fraser

Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

The International Criminal Court

Author : Andrew Novak
Publisher : Springer
ISBN 13 : 3319158325
Total Pages : 128 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis The International Criminal Court by : Andrew Novak

Download or read book The International Criminal Court written by Andrew Novak and published by Springer. This book was released on 2015-03-11 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.