Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
The Jurisdiction Of The International Criminal Court
Download The Jurisdiction Of The International Criminal Court full books in PDF, epub, and Kindle. Read online The Jurisdiction Of The International Criminal Court ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis The Jurisdiction of the International Criminal Court by : Victor Tsilonis
Download or read book The Jurisdiction of the International Criminal Court written by Victor Tsilonis and published by Springer Nature. This book was released on 2019-11-23 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a holistic examination of the jurisdiction of the International Criminal Court (ICC). The main focus is placed on the three pillars which form the ICC’s foundation pursuant to the Rome Statute: the preconditions to the exercise of its jurisdiction (Article 12 Rome Statute) the substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression) the principle of complementarity (Article 17§1 (a) Rome Statute) The latter governs the ICC's ‘ultimate jurisdiction’, since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution. Finally yet importantly, the main ‘negative preconditions’ for the Court’s jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature.
Book Synopsis The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties by : Monique Cormier
Download or read book The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties written by Monique Cormier and published by Cambridge University Press. This book was released on 2020-08-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book-length work to provide a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties.
Book Synopsis Rainbow Jurisdiction at the International Criminal Court by : Valérie V. Suhr
Download or read book Rainbow Jurisdiction at the International Criminal Court written by Valérie V. Suhr and published by Springer Nature. This book was released on 2021-12-13 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book comprehensively examines whether the worst human rights violations directed specifically at sexual and gender minorities are punishable under international criminal law, as codified in the Rome Statute of the International Criminal Court. Drawing on general rules of interpretation, the development of human rights for sexual and gender minorities, and the social construction of gender, this monograph reveals that the worst crimes committed against persons because of their sexual orientation or gender identity can amount to crimes against humanity, particularly the crime of persecution under Article 7(1)(h). It also shows how legislators can be held individually criminally responsible for passing laws that criminalize consensual same-sex sexuality. The book not only makes a significant and original contribution to the literature but is also highly relevant for international criminal law practitioners, since, so far, no cases regarding this topic exist. Dr. Valérie V. Suhr is currently a trainee lawyer in the district of the Koblenz Court of Appeal in Germany
Book Synopsis International Criminal Jurisdiction by : Kenneth S. Gallant
Download or read book International Criminal Jurisdiction written by Kenneth S. Gallant and published by Oxford University Press. This book was released on 2022 with total page 809 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Whose law must I obey? This question is so basic to our legal obligations that it ought to be easy. Specifically, a person considering an action ought to be able to answer this question by the use of law-like rules. This ought to be particularly true of criminal law, which will be the principal focus of this book. Actually, this question is partially unanswerable in the world as it exists today. Whether by accident or design, the current structure and content of law-national and international-sometimes prevents persons (natural or juridical) from being able to answer the question fully at the time of action"--
Book Synopsis The Territorial Jurisdiction of the International Criminal Court by : Michail Vagias
Download or read book The Territorial Jurisdiction of the International Criminal Court written by Michail Vagias and published by Cambridge University Press. This book was released on 2014-10-16 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Vagias analyses the law and procedure surrounding the territorial jurisdiction of the International Criminal Court.
Book Synopsis The International Criminal Court in Search of its Purpose and Identity by : Triestino Mariniello
Download or read book The International Criminal Court in Search of its Purpose and Identity written by Triestino Mariniello and published by Routledge. This book was released on 2014-11-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.
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.
Book Synopsis The Jurisdiction of the International Criminal Court by : Victor Tsilonis
Download or read book The Jurisdiction of the International Criminal Court written by Victor Tsilonis and published by Springer Nature. This book was released on with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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 The International Criminal Court and the Crime of Aggression by : Mauro Politi
Download or read book The International Criminal Court and the Crime of Aggression written by Mauro Politi and published by Routledge. This book was released on 2017-09-29 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute of the International Criminal Court entered into force in 2002 and the ICC will soon be fully operational. Earlier in the ICC process, an international conference was held in Trento to address a specific issue that is still unresolved in the post-Rome negotiations: the crime of aggression. Article 5 of the ICC Statute includes aggression, yet the Statute postpones the exercise of its jurisdiction over the crime of aggression until such time as further provisions have been prepared on the definition of this crime and on the related conditions for the Court's intervention. This important volume collects the papers given by the participants at the Trento Conference. The volume is divided into three parts: the historical background of the crime of aggression; the definition of the crime of aggression, in light of proposals in the Preparatory Commission; and various points of view on the relationship between the Court's competence in adjudicating cases of alleged crimes of aggression and the Security Council's competence.
Book Synopsis Universal Jurisdiction in International Criminal Law by : Aisling O'Sullivan
Download or read book Universal Jurisdiction in International Criminal Law written by Aisling O'Sullivan and published by Taylor & Francis. This book was released on 2017-02-03 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.
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.
Book Synopsis An Introduction to the International Criminal Court by : William Schabas
Download or read book An Introduction to the International Criminal Court written by William Schabas and published by Cambridge University Press. This book was released on 2007-10-18 with total page 566 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 Court will prosecute genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. This third revised edition considers the initial rulings by the Pre-Trial Chambers and the Appeals Chamber, and the cases it is prosecuting, namely, Democratic Republic of Congo, northern Uganda, Darfur, as well as those where it had decided not to proceed, such as Iraq. The law of the Court up to and including its ruling on a confirmation hearing, committing Chalres Lubanga for trial on child soldiers offences, is covered. It also addresses the difficulties created by US opposition, analysing the ineffectiveness of measures taken by Washington to obstruct the Court, and its increasing recognition of the inevitability of the institution.
Book Synopsis The African Criminal Court by : Gerhard Werle
Download or read book The African Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2016-11-29 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Book Synopsis The Triggering Procedure of the International Criminal Court by : Héctor Olásolo
Download or read book The Triggering Procedure of the International Criminal Court written by Héctor Olásolo and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
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.
