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The Complementarity Regime Of The International Criminal Court
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Book Synopsis The Complementarity Regime of the International Criminal Court by : Ovo Catherine Imoedemhe
Download or read book The Complementarity Regime of the International Criminal Court written by Ovo Catherine Imoedemhe and published by Springer. This book was released on 2016-11-26 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses how the complementarity regime of the ICC’s Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’ or ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.
Book Synopsis The Principle of Complementarity in International Criminal Law by : Mohamed M. El Zeidy
Download or read book The Principle of Complementarity in International Criminal Law written by Mohamed M. El Zeidy and published by BRILL. This book was released on 2008 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.
Book Synopsis The International Criminal Court and Complementarity by : Carsten Stahn
Download or read book The International Criminal Court and Complementarity written by Carsten Stahn and published by Cambridge University Press. This book was released on 2011-10-06 with total page 1604 pages. Available in PDF, EPUB and Kindle. Book excerpt: This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.
Book Synopsis Complementarity, Catalysts, Compliance by : Christian M. De Vos
Download or read book Complementarity, Catalysts, Compliance written by Christian M. De Vos and published by Cambridge University Press. This book was released on 2020-04-23 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.
Book Synopsis Complementarity in the Rome Statute and National Criminal Jurisdictions by : Jann K. Kleffner
Download or read book Complementarity in the Rome Statute and National Criminal Jurisdictions written by Jann K. Kleffner and published by OUP Oxford. This book was released on 2008-12-18 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.
Book Synopsis Complementarity in the Rome Statute and National Criminal Jurisdictions by : Jann K. Kleffner
Download or read book Complementarity in the Rome Statute and National Criminal Jurisdictions written by Jann K. Kleffner and published by Oxford University Press. This book was released on 2008-12-18 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.
Book Synopsis The Relationship between the International Criminal Court and National Jurisdictions by : Jo Stigen
Download or read book The Relationship between the International Criminal Court and National Jurisdictions written by Jo Stigen and published by BRILL. This book was released on 2008-07-25 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere vis-à-vis national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, inter alia, whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.
Book Synopsis Complementarity in the Line of Fire by : Sarah M. H. Nouwen
Download or read book Complementarity in the Line of Fire written by Sarah M. H. Nouwen and published by Cambridge University Press. This book was released on 2013-11-07 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book follows as LAW"--
Book Synopsis Feminist Engagement with International Criminal Law by : Eithne Dowds
Download or read book Feminist Engagement with International Criminal Law written by Eithne Dowds and published by Bloomsbury Publishing. This book was released on 2020-01-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.
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 Courts and Domestic Politics by : Marlene Wind
Download or read book International Courts and Domestic Politics written by Marlene Wind and published by Cambridge University Press. This book was released on 2018-07-12 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and political scientists move the study of courts within international law to an entirely new level. The essays question the view that legal docmatics will be enough to understand the increasingly complex world we are living in and demonstrate the potential benefits of adopting a much broader outlook drawing on empirical legal research. This volume will have great appeal to anyone interested in the effects - rather than just the processes and structures - of international law and courts.
Book Synopsis The Statute of the International Criminal Court by : M. Cherif Bassiouni
Download or read book The Statute of the International Criminal Court written by M. Cherif Bassiouni and published by . This book was released on 1998 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: 83/2/Add. 1, Criminal Court,1998)
Book Synopsis Commentary on the Rome Statute of the International Criminal Court by : Kai Ambos
Download or read book Commentary on the Rome Statute of the International Criminal Court written by Kai Ambos and published by Hart Pub Limited. This book was released on 2008 with total page 1954 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 1st July 2008, the Rome Statute of the International Criminal Court entered into force enabling the ICC, as laid down in the Preamble to the Statute, to affirm "that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international cooperation". In the second edition of their Commentary, Otto Triffterer and a number of eminent legal practitioners and scholars in the field of international criminal law give a detailed article-by-article analysis of both the Statute as well as the "Elements of Crime" and the "Rules of Procedure and Evidence", adopted by the Assembly of States Parties in 2002, and the "Regulations of the Court", adopted by the Judges of the ICC in 2004. The second edition is a substantially revised and significantly amended version of the first edition of 1999, considering the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) as well as other international, "semi-international" or national courts and the relevant literature since 1999. The Commentary will be an invaluable aid to all practitioners and scholars dealing with the Rome Statute and the jurisdiction established by its "Complementarity Regime".
Book Synopsis The Permanent International Criminal Court by : Dominic McGoldrick
Download or read book The Permanent International Criminal Court written by Dominic McGoldrick and published by Bloomsbury Publishing. This book was released on 2004-03-30 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of an International Criminal Court has captured the international legal imagination for over a century. In 1998 it became a reality with the adoption of the Rome Statute. This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law,the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts involved in negotiating the ICC Statute, the general principles of legality, the scope of defences, evidential dilemmas, the perspective of victims, the nature and scope of the offences within the ICC's jurisdiction – aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction, the principle of complementarity, national implementation of the Statute in a range of jurisdictions, and national and international responses to the ICC. The expert contributors are drawn from a range of national jurisdictions – UK, Sweden, Canada, and Australia. The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute.
Book Synopsis The International Criminal Court by : Roy S. K. Lee
Download or read book The International Criminal Court written by Roy S. K. Lee and published by Martinus Nijhoff Publishers. This book was released on 1999-09-06 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, Roy S. Lee.
Book Synopsis The International Criminal Court and Nigeria by : Muyiwa Adigun
Download or read book The International Criminal Court and Nigeria written by Muyiwa Adigun and published by Routledge. This book was released on 2017-12-14 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: If Nigeria fails to prosecute the crimes recognised under the Rome Statute, then the International Criminal Court (ICC) will intervene. The ICC is only expected to complement the criminal justice system in Nigeria and is not a court of first instance, but one of last resort. This is what is known as the principle of complementarity. Before the ICC can step in, it must make a finding of ‘unwillingness’ or ‘inability’ on the part of Nigeria. It is only after this finding is made that the ICC can take over the prosecution of the crimes recognised under the Statute from Nigeria. This book examines the criminal justice process in Nigeria and discovers that the justice system is latent with the requirements of ‘unwillingness’ and ‘inability.’ The requirements, which serve as tests for assessment, are as they are laid down by the Rome Statute and interpreted by the ICC. This book offers recommendations as to what Nigeria must do in order to avoid the ICC intervention by reversing those parameters that give rise to ‘unwillingness’ and ‘inability.’ The International Criminal Court and Nigeria: Implementing the Complementarity Principle of the Rome Statute offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African countries in respect of policy options open to them to close impunity gap in their respective countries. This volume addresses the topics with regard to international criminal law and comparative public law and will be of interest to researchers, academics, organizations, and students in the fields of international law, governance, and comparative criminal justice.
Book Synopsis The Diversification and Fragmentation of International Criminal Law by : Larissa van den Herik
Download or read book The Diversification and Fragmentation of International Criminal Law written by Larissa van den Herik and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
