Surrendering to International Criminal Courts: Contemporary Practice and Procedures

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Author :
Publisher : BRILL
ISBN 13 : 9004479619
Total Pages : 445 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Surrendering to International Criminal Courts: Contemporary Practice and Procedures by : Geert-Jan Knoops

Download or read book Surrendering to International Criminal Courts: Contemporary Practice and Procedures written by Geert-Jan Knoops and published by BRILL. This book was released on 2021-10-01 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book provides an incisive, knowledgeable and comprehensive study of the promises and limitations of the emerging phenomenon of surrender of individuals to international criminal courts, such as the International Criminal Court of the Former Yugoslavia (ICTY), the International Criminal Court of Rwanda (ICTR), and the International Criminal Court (ICC). It is the first study on this area. The author analyses the distinctions and similarities with international extradition norms and persuasively establishes the international legal confinements of the surrender concept and the role of states and NATO-forces within this concept. In developing an international uniform framework for the surrender of individuals to international criminal courts, the author meticulously examines the Statutes of the ICTY, ICTR and ICC as well as their case law on this subject in conjunction with that of the European Court of Human Rights. Published under the Transnational Publishers imprint.

The Global Prosecution of Core Crimes under International Law

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Author :
Publisher : Springer Nature
ISBN 13 : 9462653356
Total Pages : 695 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The Global Prosecution of Core Crimes under International Law by : Christopher Soler

Download or read book The Global Prosecution of Core Crimes under International Law written by Christopher Soler and published by Springer Nature. This book was released on 2019-09-18 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.

The Obligation to Extradite or Prosecute

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192556266
Total Pages : 416 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Obligation to Extradite or Prosecute by : Kriangsak Kittichaisaree

Download or read book The Obligation to Extradite or Prosecute written by Kriangsak Kittichaisaree and published by Oxford University Press. This book was released on 2018-03-02 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prosecution of serious crimes of international concern has been few and far between before and even after the establishment of the International Criminal Court in 2002. Hope thus rests with the implementation of the international legal obligation for States to either extradite or prosecute such perpetrators among themselves or surrender them to a competent international criminal court. This obligation was considered by the United Nations International Law Commission (ILC) which submitted its final report in 2014. Kittichaisaree, Chairman of the ILC Working Group on that topic, not only provides a guide to the final report, offering an analysis of the subject and a unique summary of its drafting history, he also covers important issues left unanswered by the report, including the customary international legal status of the obligation, the role of the universal jurisdiction, immunities of State officials, and impediments to the surrender of offenders to international criminal courts. Authoritative, encyclopaedic, and essential to those in the field, The Obligation to Extradite or Prosecute also offers practical solutions as to the road ahead.

The International Criminal Court at the Mercy of Powerful States

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Author :
Publisher : Springer
ISBN 13 : 9462651922
Total Pages : 305 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The International Criminal Court at the Mercy of Powerful States by : Res Schuerch

Download or read book The International Criminal Court at the Mercy of Powerful States written by Res Schuerch and published by Springer. This book was released on 2017-07-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.

The International Criminal Court

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Author :
Publisher : Routledge
ISBN 13 : 1351146386
Total Pages : 799 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis The International Criminal Court by : Olympia Bekou

Download or read book The International Criminal Court written by Olympia Bekou and published by Routledge. This book was released on 2017-11-28 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.

The International Criminal Court in Turbulent Times

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Publisher : Springer
ISBN 13 : 9462653038
Total Pages : 174 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The International Criminal Court in Turbulent Times by : Gerhard Werle

Download or read book The International Criminal Court in Turbulent Times written by Gerhard Werle and published by Springer. This book was released on 2019-06-29 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters in this book are reworkings of presentations given during a conference held in 2018 at the German Embassy to the Netherlands in The Hague on the occasion of the 20th anniversary of the adoption of the Rome Statute. They provide an in-depth analysis of major points of contention the International Criminal Court (ICC) is currently facing, such as, inter alia, head of state immunities, withdrawal from the Rome Statute, the exercise of jurisdiction vis-à-vis third-party nationals, the activation of the Court’s jurisdiction regarding the crime of aggression, as well as the relationship of the Court with both the Security Council and the African Union, all of which are issues that have a continued relevance and carry a particular controversy. The collection provides insights from both practitioners, including judges of the ICC, and diplomats who participated in the negotiations leading to the adoption of the Rome Statute, as well as well-known academics from various parts of the world working in the field of international criminal law. The aim of the book is not only to inform and stimulate academic debate on the topic, but also to serve as an instrument for lawyers involved in the practice of international criminal law. Gerhard Werle is Professor at the Faculty of Law of the Humboldt-University in Berlin, Germany and Andreas Zimmermann is Professor at the Faculty of Law of the University of Potsdam in Germany. Jürgen Bering, who worked on this book as assistant editor, is an Associate at Dentons, Berlin and a PhD candidate at the Martin Luther University, Halle-Wittenberg, Germany.

The International Criminal Court – An International Criminal World Court?

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Author :
Publisher : Springer
ISBN 13 : 3319780158
Total Pages : 210 pages
Book Rating : 4.3/5 (197 download)

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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 210 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.

An Introduction to the International Criminal Court

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Author :
Publisher :
ISBN 13 : 9780521537568
Total Pages : 481 pages
Book Rating : 4.5/5 (375 download)

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

Download or read book An Introduction to the International Criminal Court written by William A. Schabas and published by . This book was released on 2004 with total page 481 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 ICC prosecutes genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. Schabas reviews the history of international criminal prosecution, the drafting of the Rome Statute of the International Criminal Court and the principles of its operation, including the scope of its jurisdiction and the procedural regime. This revised edition considers the court's start-up preparations, including election of judges and prosecutor. It also addresses the difficulties created by US opposition, and analyses the various measures taken by Washington to obstruct the Court. Three of the Court's fundamental documents - the 1998 Rome Statute, the Rules of Procedure and Evidence, and the Elements of Crimes - are reproduced in the Appendix. Indispensable for students and practitioners.

Bringing Power to Justice?

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773575847
Total Pages : 270 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Bringing Power to Justice? by : Joanna Harrington

Download or read book Bringing Power to Justice? written by Joanna Harrington and published by McGill-Queen's Press - MQUP. This book was released on 2006 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation The world's first permanent international criminal tribunal for the prosecution and punishment of the world's most serious crimes was created in 2002. In Bringing Power to Justice? legal scholars, political scientists, and political philosophers respond to fundamental questions about the future of this court and international criminal justice. For instance, will the ICC be undermined by political constraints, given the opposition of major powers, including the United States? What are the implications of holding heads of state responsible for international crimes? Are trials the best response to state crime or would other devices (such as truth commissions) be more suitable? Is retributive justice an appropriate response? The contributors offer indispensable and thoughtful assessment of the future of international criminal justice.

The Trial Proceedings Of The International Criminal Court

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Publisher : BRILL
ISBN 13 : 9004149317
Total Pages : 593 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Trial Proceedings Of The International Criminal Court by : Notburga K. Calvo-Goller

Download or read book The Trial Proceedings Of The International Criminal Court written by Notburga K. Calvo-Goller and published by BRILL. This book was released on 2006 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains the trial proceedings of the International Criminal Court, the ICTY and the ICTR in one single volume. This book covers the procedural and evidentiary aspects of the trials before the ICC from the beginning of an investigation until the time the convict has served the sentence and it includes ICTY and ICTR precedents.

An Introduction to the Law of International Criminal Tribunals

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 904742901X
Total Pages : 378 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis An Introduction to the Law of International Criminal Tribunals by : Geert-Jan Knoops

Download or read book An Introduction to the Law of International Criminal Tribunals written by Geert-Jan Knoops and published by Martinus Nijhoff Publishers. This book was released on 2014-09-12 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author offers an overview of the most important topics and developments in international criminal law, which are essential to everyone studying and practicing ICL.

Introduction to International Criminal Law

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Publisher : Lulu.com
ISBN 13 : 0974357030
Total Pages : 281 pages
Book Rating : 4.9/5 (743 download)

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Book Synopsis Introduction to International Criminal Law by : Curtis F. J. Doebbler

Download or read book Introduction to International Criminal Law written by Curtis F. J. Doebbler and published by Lulu.com. This book was released on 2007 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Introduction to International Criminal Law provides an understandable glimpse into the intricacies of the law. It is valuable to students, practitioners, and members of the general public who are seeking to acquire basic knowledge about the law. It is written by a practitioner of international criminal law who has also frequently taught university courses and given countless public lectures on this subject. The insights provided in this book combine the experience of practice with the communication skills of a seasoned academic. Unlike many other texts by western writers, this author gives special attention to the concerns of audiences in Africa, Latin America, the Middle East and Asia. International criminal law is presented as part of a strategy for achieving a world characterized by peaceful cooperation and respect for the basic values of human dignity.

UN Security Council Referrals to the International Criminal Court

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Publisher : BRILL
ISBN 13 : 9004342214
Total Pages : 278 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis UN Security Council Referrals to the International Criminal Court by : Alexandre Skander Galand

Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.

The International Criminal Court and National Jurisdictions

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Publisher : Routledge
ISBN 13 : 1351887564
Total Pages : 192 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis The International Criminal Court and National Jurisdictions by : Federica Gioia

Download or read book The International Criminal Court and National Jurisdictions written by Federica Gioia and published by Routledge. This book was released on 2016-12-05 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a stage in its development when the workings of the International Criminal Court may be assessed, this timely volume provides valuable insights into its activities and, in particular, its interaction with national jurisdictions and international organizations. The contributors discuss a broad range of topics and present a 'first assessment' of complementarity. They address the issues at the heart of the substantive and procedural law of the Court and examine aspects relating to national implementation and international cooperation. These proceedings are the latest addition to the Trento Conference series, bringing together a wide range of leading scholars, diplomats and representatives of international organizations. As such, they provide an important contribution to the ongoing debate surrounding International Criminal Law and the International Criminal Court in particular. This thought-provoking study will be of value to researchers and policy makers alike.

Contemporary Issues Facing the International Criminal Court

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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 International Criminal Court Controversy

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Author :
Publisher : Lit Verlag
ISBN 13 :
Total Pages : 134 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The International Criminal Court Controversy by : Philipp Meissner

Download or read book The International Criminal Court Controversy written by Philipp Meissner and published by Lit Verlag. This book was released on 2005 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States' opposition to the International Criminal Court (ICC) has developed into the epitome of fierce controversy concerning the international legal order in the 21st century. This volume represents an analysis of both the legal objections asserted by the involved U.S. administrations as well as a set of political motives the author considers likely to underlie their opposition. Fostering mutual understanding is the pre-condition for achieving an ease of tension in the future - which is in the very interest not only of the ICC and its States Parties, but also of the United States."--BOOK JACKET.

The Understanding and Analysis of the International Organization: The Case of International Criminal Court

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3640602730
Total Pages : 18 pages
Book Rating : 4.6/5 (46 download)

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Book Synopsis The Understanding and Analysis of the International Organization: The Case of International Criminal Court by : Sopheada Phy

Download or read book The Understanding and Analysis of the International Organization: The Case of International Criminal Court written by Sopheada Phy and published by GRIN Verlag. This book was released on 2010-04-23 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) from the year 2009 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: A, University for Peace, language: English, abstract: Archer (2001) defines international organization as “a formal, continuous structure established by agreement between members (governmental and/or non-governmental) from two or more sovereign states with the aim of pursuing the common interest of the membership” (p. 33). Also, the international organization has three main characteristics—membership, aim, and structure. It should have at least two sovereign states as members, with the aim of pursuing common interest of the members, and has a formal structure established by an agreement officially adopted by all the members (Archer 2001). Taking the International Criminal Court (ICC) into consideration, it meets all the above criteria, so it can be regarded as an international organization. The following will address and analyze the genesis, aim, membership, structure, work, and challenges of the ICC.