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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: 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: Carla Ferstman Publisher: BRILL ISBN: 9004174494 Category : Law Languages : en Pages : 585
Book Description
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
Author: Luke Moffett Publisher: Routledge ISBN: 1317910818 Category : Law Languages : en Pages : 367
Book Description
Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.
Author: Eva Dwertmann Publisher: BRILL ISBN: 9047445007 Category : Law Languages : en Pages : 373
Book Description
When the Rome Statute for the International Criminal Court was adopted in 1998, one of its great innovations was that victims were granted an active role in the proceedings. In its early jurisprudence on victims’ rights, the International Criminal Court stated that “the success of the Court is, to some extent, linked to the success of its reparation system.” This book is among the first to focus on the International Criminal Court’s power to order reparations to victims. It provides a comprehensive analysis of the legal framework of the reparation system, taking into account relevant Court decisions. Possibilities for its implementation are drawn up, providing potential solutions for its multiple challenges, including the distinct asymmetry between the individualized responsibility to provide reparations and the collective nature of the crimes and its consequences. With its practical approach, this book is particularly valuable for practitioners, but also for students and researchers.
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: Luke Moffett Publisher: Routledge ISBN: 1317910818 Category : Law Languages : en Pages : 367
Book Description
Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.
Author: Conor McCarthy
Author: Conor McCarthy
Author: Christoph Safferling
Author: Conor McCarthy
Author: Stanislas Kabalira
Author: Christoph Sperfeldt
Author: Carla Ferstman
Author: Luke Moffett
Author: Eva Dwertmann
Author: Richard H. Steinberg