The Realities of International Criminal Justice

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004251111
Total Pages : 364 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Realities of International Criminal Justice by : Dawn L. Rothe

Download or read book The Realities of International Criminal Justice written by Dawn L. Rothe and published by Martinus Nijhoff Publishers. This book was released on 2013-07-11 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Realities of the International Criminal Justice System takes an analytical and critical look at the impact of the major instruments of international criminal justice since the 1990s with the advent of the International Criminal Tribunals for Rwanda and Yugoslavia.

Justice in Conflict

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Publisher : Oxford University Press
ISBN 13 : 0191082945
Total Pages : 273 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Justice in Conflict by : Mark Kersten

Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

Justice Denied

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Publisher :
ISBN 13 : 9780992803506
Total Pages : 624 pages
Book Rating : 4.8/5 (35 download)

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Book Synopsis Justice Denied by : David Hoile

Download or read book Justice Denied written by David Hoile and published by . This book was released on 2014-07 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pursuit of justice is one of mankind's most noble instincts. The International Criminal Court was embraced with enthusiasm when it was founded on 1 July 2002. Despite an auspicious start, the ICC has become one of the nastier manifestations of globalisation with an exclusive focus on Africa.

Criminal Justice in International Society

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Publisher : Routledge
ISBN 13 : 1135078491
Total Pages : 333 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Criminal Justice in International Society by : Willem de Lint

Download or read book Criminal Justice in International Society written by Willem de Lint and published by Routledge. This book was released on 2014-01-03 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a critical criminological approach to analyze the production, representation and role of crime in the emerging international order. It analyzes the role of power and its influence on the dynamics of criminalization at an international level, facilitating an examination of the geopolitics of international criminal justice. Such an approach to crime is well-developed in domestic criminology; however, this critical approach is yet to be used to explore the relationship between power, crime and justice in an international setting. This book brings together contrasting opinions on how courts, prosecutors, judges, NGOs, and other bodies act to reflexively produce the social reality of international justice. In doing this, it bridges the gaps between the fields of sociology, criminology, international relations, political science, and international law to explore the problems and prospects of international criminal justice and illustrate the role of crime and criminalization in a complex, evolving, and contested international society.

The International Criminal Court and Global Social Control

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Author :
Publisher : Routledge
ISBN 13 : 1317589661
Total Pages : 162 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis The International Criminal Court and Global Social Control by : Nerida Chazal

Download or read book The International Criminal Court and Global Social Control written by Nerida Chazal and published by Routledge. This book was released on 2015-12-14 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.

Rainbow Jurisdiction at the International Criminal Court

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Author :
Publisher : Springer Nature
ISBN 13 : 9462654832
Total Pages : 405 pages
Book Rating : 4.4/5 (626 download)

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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

Trial Justice

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Publisher : Zed Books Ltd.
ISBN 13 : 1848137931
Total Pages : 164 pages
Book Rating : 4.8/5 (481 download)

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Book Synopsis Trial Justice by : Tim Allen

Download or read book Trial Justice written by Tim Allen and published by Zed Books Ltd.. This book was released on 2013-04-04 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.

A Critical Introduction to International Criminal Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108423205
Total Pages : 467 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis A Critical Introduction to International Criminal Law by : Carsten Stahn

Download or read book A Critical Introduction to International Criminal Law written by Carsten Stahn and published by Cambridge University Press. This book was released on 2019 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.

States of Justice

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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.

Exploring the Boundaries of International Criminal Justice

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Author :
Publisher : Routledge
ISBN 13 : 1317137167
Total Pages : 296 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Exploring the Boundaries of International Criminal Justice by : Mark Findlay

Download or read book Exploring the Boundaries of International Criminal Justice written by Mark Findlay and published by Routledge. This book was released on 2016-04-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

The Relationship Between the International Criminal Court and National Jurisdictions

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Author :
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.

Fact-Finding without Facts

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139489712
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Fact-Finding without Facts by : Nancy A. Combs

Download or read book Fact-Finding without Facts written by Nancy A. Combs and published by Cambridge University Press. This book was released on 2010-07-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.

The International Criminal Court in Turbulent Times

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Publisher : Springer
ISBN 13 : 9462653038
Total Pages : 174 pages
Book Rating : 4.4/5 (626 download)

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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.

The International Criminal Court and Global Social Control

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Author :
Publisher : Routledge
ISBN 13 : 1317589653
Total Pages : 192 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis The International Criminal Court and Global Social Control by : Nerida Chazal

Download or read book The International Criminal Court and Global Social Control written by Nerida Chazal and published by Routledge. This book was released on 2015-12-14 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.

Intersections of Law and Culture at the International Criminal Court

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1839107308
Total Pages : 456 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Intersections of Law and Culture at the International Criminal Court by : Julie Fraser

Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Means to an End

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Author :
Publisher : Brookings Institution Press
ISBN 13 : 0815721706
Total Pages : 201 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Means to an End by : Lee Feinstein

Download or read book Means to an End written by Lee Feinstein and published by Brookings Institution Press. This book was released on 2011 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Reassesses U.S. relationship with the ICC and broader issues of U.S. policy toward international justice. Argues U.S. active support of ICC serves U.S. interests and is consistent with values to which America has aspired. Focuses on foreign policy, national security, and moral cases for shifting U.S. policy toward the Court"--Provided by publisher.

International Criminal Procedure

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191632600
Total Pages : 1720 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Criminal Procedure by : Göran Sluiter

Download or read book International Criminal Procedure written by Göran Sluiter and published by OUP Oxford. This book was released on 2013-03-21 with total page 1720 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.