The International Criminal Court And National Courts

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The International Criminal Court and National Courts

Author : Nidal Nabil Jurdi
Publisher : Routledge
ISBN 13 : 1317027310
Total Pages : 332 pages
Book Rating : 4.3/5 (17 download)

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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.

The Relationship Between the International Criminal Court and National Jurisdictions

Author : Jo Stigen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004169091
Total Pages : 549 pages
Book Rating : 4.0/5 (41 download)

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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.

Genocide in International Law

Author : William Schabas
Publisher : Cambridge University Press
ISBN 13 : 0521883970
Total Pages : 760 pages
Book Rating : 4.5/5 (218 download)

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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.

The International Criminal Court and Complementarity

Author : Carsten Stahn
Publisher : Cambridge University Press
ISBN 13 : 1316139506
Total Pages : 1293 pages
Book Rating : 4.3/5 (161 download)

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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 1293 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.

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.

International Law in Domestic Courts

Author : André Nollkaemper
Publisher :
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law in Domestic Courts by : André Nollkaemper

Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Direct Application of International Criminal Law in National Courts

Author : W. N. Ferdinandusse
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067042079
Total Pages : 338 pages
Book Rating : 4.0/5 (42 download)

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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.

The Emerging Practice of the International Criminal Court

Author : Carsten Stahn
Publisher : BRILL
ISBN 13 : 9004166556
Total Pages : 793 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Emerging Practice of the International Criminal Court by : Carsten Stahn

Download or read book The Emerging Practice of the International Criminal Court written by Carsten Stahn and published by BRILL. This book was released on 2009 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.

Prosecuting International Crimes: A Multidisciplinary Approach

Author : Bartłomiej Krzan
Publisher : BRILL
ISBN 13 : 900432366X
Total Pages : 325 pages
Book Rating : 4.0/5 (43 download)

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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 2016-07-11 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume edited by Bartłomiej Krzan offers different perspectives on the prosecution of international crimes. The analyses contained therein reflect different backgrounds, mainly legal, combining several disciplines, and making it a multidisciplinary study. The main (but definitely not the exclusive) point of reference is that of international law. In addition, other perspectives, those of legal history or sociology of law and obviously the one of criminal law (both substantive and procedural) provide useful alternatives or in most occasions complementary approaches to the examination of the prosecution of international crimes. The book combines different views, backgrounds and underlying assumptions. But gathered together they, it is to be hoped, shed some additional, useful light that might be helpful for identifying new dimensions of the reaction (judicial or other) towards international crimes. Contributors: Władysław Czapliński, Patrycja Grzebyk, Witold Jakimko, Wojciech Jasiński, David Kohout, Karolina Kremens, Bartłomiej Krzan, Krzysztof Masło, Neringa Mickevičiūtė, Robert Uerpmann-Wittzack, Regina Valutyté, Karolina Wierczyńska, Joachim Wolf, Loammi Wolf, and Justinas Žilinskas.

UN Security Council Referrals to the International Criminal Court

Author : Alexandre Skander Galand
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 2018-11-26 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.

The International Criminal Court

Author : William A. Schabas
Publisher : Oxford University Press
ISBN 13 : 0191060305
Total Pages : 2251 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The International Criminal Court by : William A. Schabas

Download or read book The International Criminal Court written by William A. Schabas and published by Oxford University Press. This book was released on 2017-01-19 with total page 2251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.

The International Criminal Court

Author : Marlies Glasius
Publisher : Routledge
ISBN 13 : 1134315678
Total Pages : 177 pages
Book Rating : 4.1/5 (343 download)

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Book Synopsis The International Criminal Court by : Marlies Glasius

Download or read book The International Criminal Court written by Marlies Glasius and published by Routledge. This book was released on 2006-03-29 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?

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.

Prosecuting International Crimes in Africa

Author : Chacha Murungu
Publisher : PULP
ISBN 13 : 0986985783
Total Pages : 376 pages
Book Rating : 4.9/5 (869 download)

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Book Synopsis Prosecuting International Crimes in Africa by : Chacha Murungu

Download or read book Prosecuting International Crimes in Africa written by Chacha Murungu and published by PULP. This book was released on 2011 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Prosecuting international crimes in Africa contributes to the understanding of international criminal justice in Africa. The books argues for the rule of law, respect for human rights and the eradication of a culture of impunity in Africa. it is a product of peer-reviewed contributions from graduates of the Centre for Human Rights, Faculty of Law, University of Pretoria, where the Master's degree programme in Human Rights and Democratisation in Africa has been presented since 2000"--Back cover.

Power and Principle

Author : Christopher Rudolph
Publisher : Cornell University Press
ISBN 13 : 1501708414
Total Pages : 222 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Power and Principle by : Christopher Rudolph

Download or read book Power and Principle written by Christopher Rudolph and published by Cornell University Press. This book was released on 2017-04-18 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.

The Role of National Courts in Applying International Humanitarian Law

Author : Sharon Weill
Publisher :
ISBN 13 : 0199685428
Total Pages : 240 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Role of National Courts in Applying International Humanitarian Law by : Sharon Weill

Download or read book The Role of National Courts in Applying International Humanitarian Law written by Sharon Weill and published by . This book was released on 2014-02 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: International humanitarian law is applied across the world in domestic courts. This book investigates how five domestic courts, the UK, US, Canada, Italy, and Israel, have done so, arguing that they show a range of different approaches, from acting as apologists for the use of force to actively promoting international humanitarian law.

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.