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Author: Stanislas Kabalira Publisher: ISBN: 9789462403222 Category : Law Languages : en Pages : 384
Book Description
"Rome Statute of the International Criminal Court established and vested the Court with the power to decide on reparations to victims. The concept of reparations to victims remains a controversial topic in international criminal law. Does the Statute explicitly create victims' right to reparations? How and why have we to distinguish between reparations under Article 75 and victim assistance or support from the Trust Fund created by Article 79 of the Statute? Does the Statute or international law embody substantive law to be applied to reparations to victims? From a procedural perspective other questions arise: Has the Statute or the Court developed procedural law that allows to balance the interests of parties to proceedings before a court whose mission is primarily criminal? Where a conflict of jurisdiction arises between the International Criminal Court and national courts, as regards reparations against a convicted person, how can the risk be dispelled? What kind of reparations may redress victims of the most serious international crimes, such as crime of genocide, crimes against humanity and war crimes? Does there exist an effective legal framework to facilitate the implementation of reparations orders issued by the Court? This book endeavours to discuss the major legal issues arising from the introduction of the concept of reparations to victims in international criminal law. More particularly, the book describes challenges in implementing Article 75 of the Rome Statute and attempts to suggest legal solutions thereto"--Back cover.
Author: Stanislas Kabalira Publisher: ISBN: 9789462403222 Category : Law Languages : en Pages : 384
Book Description
"Rome Statute of the International Criminal Court established and vested the Court with the power to decide on reparations to victims. The concept of reparations to victims remains a controversial topic in international criminal law. Does the Statute explicitly create victims' right to reparations? How and why have we to distinguish between reparations under Article 75 and victim assistance or support from the Trust Fund created by Article 79 of the Statute? Does the Statute or international law embody substantive law to be applied to reparations to victims? From a procedural perspective other questions arise: Has the Statute or the Court developed procedural law that allows to balance the interests of parties to proceedings before a court whose mission is primarily criminal? Where a conflict of jurisdiction arises between the International Criminal Court and national courts, as regards reparations against a convicted person, how can the risk be dispelled? What kind of reparations may redress victims of the most serious international crimes, such as crime of genocide, crimes against humanity and war crimes? Does there exist an effective legal framework to facilitate the implementation of reparations orders issued by the Court? This book endeavours to discuss the major legal issues arising from the introduction of the concept of reparations to victims in international criminal law. More particularly, the book describes challenges in implementing Article 75 of the Rome Statute and attempts to suggest legal solutions thereto"--Back cover.
Author: Eva Dwertmann Publisher: BRILL ISBN: 9047445007 Category : Law Languages : en Pages : 373
Book Description
Dedicated to one of the great innovations in the proceedings before the International Criminal Court, this book offers a comprehensive analysis of the Court’s power to order a convicted person to make reparations to victims, possibilities for its implementation and its potential to bring justice to victims.
Author: Holly Cullen Publisher: BRILL ISBN: 9004372490 Category : Law Languages : en Pages : 407
Book Description
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Author: Richard H. Steinberg Publisher: Martinus Nijhoff Publishers ISBN: 9004304452 Category : Law Languages : en Pages : 495
Book Description
Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: • Jurisdiction: The 2008-2009 Gaza Issue • The Obligation to Arrest in the Darfur Context • Appropriate Limitations on Oversight • The ICC and Prevention of Crimes • Reparations • Proving Mass Rape • Focus on Africa: Is the ICC Biased? • Increasing Rates of Apprehension and Arrest Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.
Author: Christoph Safferling Publisher: Springer Nature ISBN: 3030801772 Category : Law Languages : en Pages : 390
Book Description
The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.
Author: Marlies Glasius Publisher: Routledge ISBN: 1134315678 Category : Law Languages : en Pages : 177
Book Description
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?
Author: Thorsten Bonacker Publisher: Springer Science & Business Media ISBN: 9067049123 Category : Law Languages : en Pages : 405
Book Description
In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.
Author: Carla Ferstman Publisher: BRILL ISBN: 9004377190 Category : Law Languages : en Pages : 790
Book Description
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Author: Stanislas Kabalira
Author: Stanislas Kabalira
Author: Eva Dwertmann
Author: Holly Cullen
Author: Richard H. Steinberg
Author: Mark Klamberg
Author: Conor McCarthy
Author: Christoph Safferling
Author: Marlies Glasius
Author: Thorsten Bonacker
Author: Carla Ferstman