Compatibility Of National Legal Systems With The Statute Of The Permanent International Criminal Court Icc

Author : Dominic McGoldrick
Publisher : Bloomsbury Publishing
ISBN 13 : 184731211X
Total Pages : 514 pages
Book Rating : 4.12/5 ( download)

DOWNLOAD NOW!

Download or read book The Permanent International Criminal Court written by Dominic McGoldrick and published by Bloomsbury Publishing. This book was released on 2004-03-30 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of an International Criminal Court has captured the international legal imagination for over a century. In 1998 it became a reality with the adoption of the Rome Statute. This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law,the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts involved in negotiating the ICC Statute, the general principles of legality, the scope of defences, evidential dilemmas, the perspective of victims, the nature and scope of the offences within the ICC's jurisdiction – aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction, the principle of complementarity, national implementation of the Statute in a range of jurisdictions, and national and international responses to the ICC. The expert contributors are drawn from a range of national jurisdictions – UK, Sweden, Canada, and Australia. The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute.

Author : Jann K. Kleffner
Publisher : Oxford University Press
ISBN 13 : 0199238456
Total Pages : 424 pages
Book Rating : 4.53/5 ( download)

DOWNLOAD NOW!

Download or read book Complementarity in the Rome Statute and National Criminal Jurisdictions written by Jann K. Kleffner and published by Oxford University Press. This book was released on 2008-12-18 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.

Author : William J. Driscoll
Publisher : IDEA
ISBN 13 : 9780972054140
Total Pages : 290 pages
Book Rating : 4.46/5 ( download)

DOWNLOAD NOW!

Download or read book The International Criminal Court written by William J. Driscoll and published by IDEA. This book was released on 2004 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation The Nuremberg Trials at the end of World War II established the principle that individual leaders could be held responsible for "crimes against humanity." Although various ad hoc tribunals were held in the last half of the 20th century, it was not until 2002 that a permanent international court was established, under the auspices, of the United Nations. The international Criminal Court has been controversial with many key nations most notably, the United States refusing to ratify the treaty establishing the court. Some critics object to the adoption of a judicial system that seems to supersede national judicial systems; others fear that the court will be used to pursue narrow political ends. This book will comprise three sections: the first will examine the history of the creation of the court; the second will contain articles that outline objections to the court; the third will contain articles defending and promoting the court. The authors include primary sources on both sides of the controversy, with special attention to America's involvement. A glossary of key terms, and the text of the Rome Statute establishing the court will also be included.

Author : Jo Stigen
Publisher : BRILL
ISBN 13 : 904743174X
Total Pages : 548 pages
Book Rating : 4.49/5 ( download)

DOWNLOAD NOW!

Download or read book The Relationship between the International Criminal Court and National Jurisdictions written by Jo Stigen and published by BRILL. This book was released on 2008-07-25 with total page 548 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-à-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.

Author : Linda E. Carter
Publisher : Edward Elgar Publishing
ISBN 13 : 178471982X
Total Pages : 384 pages
Book Rating : 4.21/5 ( download)

DOWNLOAD NOW!

Download or read book The International Criminal Court in an Effective Global Justice System written by Linda E. Carter and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.

Author : Flavia Lattanzi
Publisher : © Editrice il Sirente
ISBN 13 : 8887847029
Total Pages : 370 pages
Book Rating : 4.24/5 ( download)

DOWNLOAD NOW!

Download or read book Essays on the Rome Statute of the International Criminal Court written by Flavia Lattanzi and published by © Editrice il Sirente. This book was released on 1999 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Roberto Bellelli
Publisher : Routledge
ISBN 13 : 1317114272
Total Pages : 706 pages
Book Rating : 4.77/5 ( download)

DOWNLOAD NOW!

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.

Author : William Schabas
Publisher : Cambridge University Press
ISBN 13 : 9780521707541
Total Pages : 566 pages
Book Rating : 4.44/5 ( download)

DOWNLOAD NOW!

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.

Author : Federica Gioia
Publisher : Routledge
ISBN 13 : 1351887564
Total Pages : 192 pages
Book Rating : 4.64/5 ( download)

DOWNLOAD NOW!

Download or read book The International Criminal Court and National Jurisdictions written by Federica Gioia and published by Routledge. This book was released on 2016-12-05 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a stage in its development when the workings of the International Criminal Court may be assessed, this timely volume provides valuable insights into its activities and, in particular, its interaction with national jurisdictions and international organizations. The contributors discuss a broad range of topics and present a 'first assessment' of complementarity. They address the issues at the heart of the substantive and procedural law of the Court and examine aspects relating to national implementation and international cooperation. These proceedings are the latest addition to the Trento Conference series, bringing together a wide range of leading scholars, diplomats and representatives of international organizations. As such, they provide an important contribution to the ongoing debate surrounding International Criminal Law and the International Criminal Court in particular. This thought-provoking study will be of value to researchers and policy makers alike.

Author : Herwig Roggemann
Publisher : BRILL
ISBN 13 : 9004481168
Total Pages : 240 pages
Book Rating : 4.69/5 ( download)

DOWNLOAD NOW!

Download or read book National Security and International Criminal Justice written by Herwig Roggemann and published by BRILL. This book was released on 2021-10-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the main problems of the International Ad hoc-tribunals in The Hague and Arusha, as well as of the permanent International Court, concerns the conflict between national security and secrecy interests of sovereign States arising in legal proceedings as a result of evidence interests and the court hearing the case. While an International Criminal Court cannot succeed without the necessary competence for gathering evidence, it can also not succeed if it fails to take account of legitimate national security interests. Written by well-known authors and commentators, the articles in the book deal with this controversy from the point of view of comparative law and legal politics. The topics covered focus on experiences and decisions from the practice of both ad hoc-tribunals, as well as political and legal discussions relating to the Statute and Rules of Procedure and Evidence of the permanent International Criminal Court.