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The International Criminal Court And National Courts
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Book Synopsis The International Criminal Court and National Courts by : Nidal Nabil Jurdi
Download or read book The International Criminal Court and National Courts written by Nidal Nabil Jurdi and published by Routledge. This book was released on 2016-03-03 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.
Book Synopsis The International Criminal Court and National Courts by : Nidal Nabil Jurdi
Download or read book The International Criminal Court and National Courts written by Nidal Nabil Jurdi and published by Routledge. This book was released on 2016-03-03 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.
Book Synopsis The International Criminal Court and National Courts by : Nidal Nabil Jurdi
Download or read book The International Criminal Court and National Courts written by Nidal Nabil Jurdi and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.
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 Martinus Nijhoff Publishers. This book was released on 2008 with total page 549 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-a-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 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.
Book Synopsis Genocide in International Law by : William Schabas
Download or read book Genocide in International Law written by William Schabas and published by Cambridge University Press. This book was released on 2009-02-19 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2000.
Book Synopsis The International Criminal Court and National Courts by :
Download or read book The International Criminal Court and National Courts written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the position of the ICC in relation to national court systems, illustrating that its relationship with the national courts under the complementarity mechanism, is much more complex in practice. It brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation and will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.
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 The United States and the International Criminal Court by : Sarah B. Sewall
Download or read book The United States and the International Criminal Court written by Sarah B. Sewall and published by Rowman & Littlefield. This book was released on 2000 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century. The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena. Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.
Book Synopsis The International Criminal Court in an Effective Global Justice System by : Linda E. Carter
Download or read book The International Criminal Court in an Effective Global Justice System written by Linda E. Carter and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.
Book Synopsis The Legacy of the International Criminal Tribunal for the Former Yugoslavia by : Bert Swart
Download or read book The Legacy of the International Criminal Tribunal for the Former Yugoslavia written by Bert Swart and published by Oxford University Press. This book was released on 2011-05-19 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most prolific international criminal court to date, the International Criminal Tribunal for the Former Yugoslavia had a broad impact on international law, human rights, the creation of the International Criminal Court, and the rule of law in the former Yugoslavia. In this book a group of leading experts take stock of its performance and legacy.
Book Synopsis Substantive and procedural aspects of international criminal law. 1. Commentary by : Gabrielle Kirk MacDonald
Download or read book Substantive and procedural aspects of international criminal law. 1. Commentary written by Gabrielle Kirk MacDonald and published by BRILL. This book was released on 2000-03 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vol. II, Part 1.
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 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.
Book Synopsis Direct Application of International Criminal Law in National Courts by : W. N. Ferdinandusse
Download or read book Direct Application of International Criminal Law in National Courts written by W. N. Ferdinandusse and published by T.M.C. Asser Press. This book was released on 2011-08-27 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Direct Application of International Criminal Law in National Courts by : W. N. Ferdinandusse
Download or read book Direct Application of International Criminal Law in National Courts written by W. N. Ferdinandusse and published by T.M.C. Asser Press. This book was released on 2006-03-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: When national courts judge international crimes like genocide, crimes against humanity and war crimes, they can draw on both national and international criminal law. The relationship between these two bodies of law is not always clear. Can national courts base prosecutions of international crimes directly on international criminal law? In a world where national laws often proscribe international crimes in an incomplete or deficient manner, this question has considerable practical relevance for the enforcement of international criminal law. Yet, it has received little attention in doctrine while practice shows widely divergent approaches of national courts to the feasibility of direct application. The author examines the concept of the direct application of international criminal law in national courts. He provides a rich description of the relevant practice in many different States ranging from Argentina to Senegal. Easily accessible, this book is a valuable tool for academics and practitioners alike.
