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Author: Carsten Stahn Publisher: BRILL ISBN: 9004166556 Category : Political Science Languages : en Pages : 793
Book Description
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.
Author: Carsten Stahn Publisher: BRILL ISBN: 9004166556 Category : Political Science Languages : en Pages : 793
Book Description
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.
Author: Carsten Stahn Publisher: Oxford University Press, USA ISBN: 0198705166 Category : Law Languages : en Pages : 1441
Book Description
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.
Author: Drazan Djukić Publisher: Martinus Nijhoff Publishers ISBN: 9004366687 Category : Law Languages : en Pages : 303
Book Description
"In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas. Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law"--
Author: Roy S. Lee Publisher: ISBN: 9781571052094 Category : International crimes Languages : en Pages : 0
Book Description
Through the eyes of those who actually conducted the negotiations, each of the 28 chapters chapter focuses on how the Elements and Rules were negotiated, what the main issues were, why certain provisions were included, and why certain proposals were deliberately left out. In the absence of any official travaux preparatoires, this work facilitates a better understanding of the legislative intent and serves as a guide to future application of the Statute by the Court.
Author: Carsten Stahn Publisher: Cambridge University Press ISBN: 1316139506 Category : Law Languages : en Pages : 1293
Book Description
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.
Author: Georghios M. Pikis Publisher: BRILL ISBN: 900418967X Category : Law Languages : en Pages : 368
Book Description
The Rome Statute and sequential establishment of the ICC is a milestone in the history of man. It inaugurates a new era of the supremacy of the law as the goal of humanity rendering everyone, independently of rank or position, liable for the commission of the heinous crimes within the jurisdiction of the Court; genocide, crimes against humanity, war crimes and aggression. The object is to end immunity and leave no quarter to people committing crimes that have scarred and defaced humanity. The book analyses every aspect of the Statute and supplementary instruments, eliciting the framework of its enforcement. Alongside the case law of the Court is reviewed. The book is particularly useful to practitioners of international criminal law and of great interest to practitioners of criminal law as well as students of the history of mankind and the establishment of institutions crucial to the future of humanity.
Author: William A. Schabas Publisher: Oxford University Press ISBN: 0191060305 Category : Law Languages : en Pages : 2251
Book Description
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.
Author: Alexandre Skander Galand Publisher: BRILL ISBN: 9004342214 Category : Law Languages : en Pages : 278
Book Description
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.
Author: Julie Fraser Publisher: Edward Elgar Publishing ISBN: 1839107308 Category : Law Languages : en Pages : 456
Book Description
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.
Author: Carsten Stahn
Author: Carsten Stahn
Author: Carsten Stahn
Author: Mark Klamberg
Author: Drazan Djukić
Author: Roy S. Lee
Author: Carsten Stahn
Author: Georghios M. Pikis
Author: William A. Schabas
Author: Alexandre Skander Galand
Author: Julie Fraser