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The Function Of Accusation In International Criminal Court Structure Of Crimes And The Role Of Prosecutor According To The International Criminal Jurisprudence
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Book Synopsis The Function of Accusation in International Criminal Court. Structure of Crimes and the Role of Prosecutor According to the International Criminal Jurisprudence by : Dimitris Liakopoulos
Download or read book The Function of Accusation in International Criminal Court. Structure of Crimes and the Role of Prosecutor According to the International Criminal Jurisprudence written by Dimitris Liakopoulos and published by . This book was released on 2019 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present survey aims to analyze the issue of the indictment function in the process before the International Criminal Court which integrates a peculiar justice system, result of the complex interaction between the juridical tradition of civil law and the juridical tradition of common law. The prosecution function is entrusted to a Prosecutor who is conceived as a hybrid figure. It is an organ that not only performs its functions in the context of a system in which the principle of opportune penal action applies, but which also operates on a level that can be defined to some extent as political, since he has to move in an international chessboard and being called to also have diplomatic relations with states and international institutions.
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 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.
Book Synopsis The Opening Statement of the Prosecution in International Criminal Trials by : Sofia Stolk
Download or read book The Opening Statement of the Prosecution in International Criminal Trials written by Sofia Stolk and published by Routledge. This book was released on 2021-04-19 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.
Book Synopsis The Rome Statute of the International Criminal Court by : Mauro Politi
Download or read book The Rome Statute of the International Criminal Court written by Mauro Politi and published by Routledge. This book was released on 2017-07-05 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the Statute of the International Criminal Court, gathering contributions by leading scholars and diplomats. It examines the main features of the Statute, highlighting its strengths and weaknesses, the role of the ICC in the international protection of human rights and the impact of the ICC Statute on the international criminal justice system. It also offers an evaluation of the prospect for the functioning of the ICC in the future.
Book Synopsis International Prosecutors by : Luc Reydams
Download or read book International Prosecutors written by Luc Reydams and published by Oxford University Press. This book was released on 2012-05-31 with total page 1029 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prosecution plays a crucial part in any international war crimes trial, but its role is rarely analysed. This book will assess the work of the prosecutor in a dozen international criminal courts and tribunals, setting out the applicable rules and analysing his or her independence, accountability, and political impact.
Book Synopsis Prosecuting International Crimes: A Multidisciplinary Approach by : Bartłomiej Krzan
Download or read book Prosecuting International Crimes: A Multidisciplinary Approach written by Bartłomiej Krzan and published by BRILL. This book was released on 2016-07-21 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume combines different views, backgrounds and underlying assumptions on the prosecution of international crimes. The contributions shed some additional, useful light that might prove helpful for identifying new dimensions of the reaction (judicial or other) towards international atrocities.
Book Synopsis The Exercise of Prosecutorial Discretion at the International Criminal Court by : Bertram Kloss
Download or read book The Exercise of Prosecutorial Discretion at the International Criminal Court written by Bertram Kloss and published by Herbert Utz Verlag. This book was released on 2017-01-23 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the ICC’s unprecedented scope of jurisdiction and limited resources comes the need to select situations and cases that the Prosecutor wishes to pursue. As the Prosecutor selects her situations and cases, she constantly makes choices, aff orded to her by the statutory discretion she enjoys as a Prosecutor. The purpose of this study is to investigate three aspects of the Prosecutor’s discretion: What is the extent of the Prosecutor’s discretion in pursuing individual situations and cases? How much does the Prosecutor adhere to and further the objectives of the ICC in the exercise of her discretion? To what degree should the Prosecutor use policy considerations in selecting situations and cases to pursue?
Book Synopsis Commentary on the Law of the International Criminal Court by : Mark Klamberg
Download or read book Commentary on the Law of the International Criminal Court written by Mark Klamberg and published by Torkel Opsahl Academic EPublisher. This book was released on 2017-04-29 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Prosecuting International Crimes by : Robert Cryer
Download or read book Prosecuting International Crimes written by Robert Cryer and published by Cambridge University Press. This book was released on 2005-06-30 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.
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 2017-04-29 with total page 1180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Defendants and Victims in International Criminal Justice by : Juan Pablo Perez-Leon-Acevedo
Download or read book Defendants and Victims in International Criminal Justice written by Juan Pablo Perez-Leon-Acevedo and published by Routledge. This book was released on 2020-04-29 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.
Book Synopsis Illicitly Obtained Evidence at the International Criminal Court by : Petra Viebig
Download or read book Illicitly Obtained Evidence at the International Criminal Court written by Petra Viebig and published by Springer. This book was released on 2016-01-04 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.
Book Synopsis International Criminal Justice by : Roberto Bellelli
Download or read book International Criminal Justice written by Roberto Bellelli and published by Routledge. This book was released on 2016-04-22 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.
Book Synopsis National Security and International Criminal Justice by : Herwig Roggemann
Download or read book National Security and International Criminal Justice written by Herwig Roggemann and published by BRILL. This book was released on 2021-10-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the main problems of the International Ad hoc-tribunals in The Hague and Arusha, as well as of the permanent International Court, concerns the conflict between national security and secrecy interests of sovereign States arising in legal proceedings as a result of evidence interests and the court hearing the case. While an International Criminal Court cannot succeed without the necessary competence for gathering evidence, it can also not succeed if it fails to take account of legitimate national security interests. Written by well-known authors and commentators, the articles in the book deal with this controversy from the point of view of comparative law and legal politics. The topics covered focus on experiences and decisions from the practice of both ad hoc-tribunals, as well as political and legal discussions relating to the Statute and Rules of Procedure and Evidence of the permanent International Criminal Court.
Book Synopsis Forms of Responsibility in International Criminal Law by : Gideon Boas
Download or read book Forms of Responsibility in International Criminal Law written by Gideon Boas and published by Cambridge University Press. This book was released on 2007 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
