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The Triggering Procedure Of The International Criminal Court
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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 BRILL. This book was released on 2005-10-01 with total page 422 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 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 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 15 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 International Criminal Procedure by : Göran Sluiter
Download or read book International Criminal Procedure written by Göran Sluiter and published by Oxford University Press. This book was released on 2013-03-21 with total page 1720 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The ambitious aim of the work is to create a guiding framework for international criminal procedural law and practices in the future. As explained by the working groups, the overarching objective of the project is to assist the challenge of delivering fair but also effective trials". -- FOREWORD.
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.
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 Organized Crime and International Criminal Law by : Kathrin Strobel
Download or read book Organized Crime and International Criminal Law written by Kathrin Strobel and published by BRILL. This book was released on 2021-08-09 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first comprehensive study of international criminal jurisdiction over organized crime and demonstrates the potential of international law to bring leaders of cartels and trafficking rings to justice.
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 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 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 Two Steps Forward, One Step Back by : Linda Carter
Download or read book Two Steps Forward, One Step Back written by Linda Carter and published by Torkel Opsahl Academic EPublisher. This book was released on 2017-04-29 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology offers case studies on the deterrent effect of international criminal tribunals in ten situations, six of which are International Criminal Court situations. The case studies cover four different international tribunals. This gives a new comparative perspective on the impact of international criminal law since the early 1990s. The book seeks to contribute to an important discourse on deterrence: on how international criminal tribunals can assist in a global, co-operative effort to prevent core international crimes. Thirteen authors draw on both quantitative and qualitative factors to assess the rise and fall of criminality and perceptions of deterrence amongst a wide variety of respondents. The studies are based on first-hand information where feasible. They are multi-disciplinary and holistic. Apart from the two editors, the book has contributions by Evelyne Owiye Asaala, Olivia Bueno, Dafi na Bucaj, Seydou Doumbia, Mackline Ingabire, Kasande Sarah Kihika, Sladjana Lazic, Sharanjeet Parmar, Kounkin Augustin Som and Eleanor D. Thompson. It presents concrete findings and recommendations to inform future work of international criminal tribunals including the International Criminal Court.
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 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 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 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 Essays on International Criminal Justice by : Héctor Olásolo
Download or read book Essays on International Criminal Justice written by Héctor Olásolo and published by Bloomsbury Publishing. This book was released on 2012-01-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crimes of atrocity have profound and long-lasting effects on any society. The difference between triggering and preventing these tragic crimes often amounts to the choice between national potential preserved or destroyed. It is also important to recognise that they are not inevitable: the commission of these crimes requires a collective effort, an organisational context, and long planning and preparation. Thus, the idea of strengthening preventative action has taken on greater relevance, and is now encompassed in the emerging notion of 'responsibility to prevent'. International courts and tribunals contribute to this effort by ending impunity for past crimes. Focusing investigations and prosecution on the highest leadership maximises the impact of this contribution. The ICC has an additional preventative mandate which is fulfilled by its timely intervention in the form of preliminary examinations. Moreover, when situations of atrocity crimes are triggered, its complementarity regime incentivises states to stop violence and comply with their duties to investigate and prosecute, thus strengthening the rule of law at the national level. The new role granted to victims by the Rome Statute is key to the ICC ́s successful fulfilment of these functions. This new book of essays, which includes the author's unpublished inaugural lecture at Utrecht University, examines these issues and places particular emphasis on the additional preventative mandate of the ICC, the ICC complementarity regime, the new role granted to victims, and the prosecution of the highest leadership through the notion of indirect perpetration. 'The work of Professor Olasolo breaks new ground in the academic field of international criminal law, as an analysis of the system as a whole. I therefore wish to express my congratulations for this work.' From the Foreword by Luis Moreno Ocampo Prosecutor, International Criminal Court, The Hague, 27 April 2011 '[Professor Hector Olasolo's] compilation provides an enormous source of easy reference to students, academia and legal actors in the field of international law. A look at the titles compiled in this volume demonstrates the present challenges to international criminal justice'. From the Preliminary Reflections by Elizabeth Odio Benito Judge and Former Vice-President, International Criminal Court, The Hague, May 2011 'This collection, written by a brilliant and prolific scholar and practitioner of international criminal justice, is an insightful and important contribution to the existing literature...Each chapter in this collection is copiously footnoted and thoroughly researched, making it an important reference tool for scholars and practitioners in the field. Additionally and importantly, the chapters explore, without polemic, areas of controversy and dissent and thoughtfully and scrupulously set forth arguments for and against particular doctrinal choices.' From the Introduction by Leila Nadya Sadat Henry H Oberschelp Professor of Law and Director, Whitney R Harris World Law Institute, Washington University School of Law; Alexis de Tocqueville Distinguished Fulbright Chair, Université de Cergy-Pontoise, Paris, Spring 2011
