The Permanent International Criminal Court

The Permanent International Criminal Court

Author: Dominic McGoldrick

Publisher: Hart Publishing

ISBN: 9781841132815

Category: Law

Page: 517

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This book examines the legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court.

The United States and the International Criminal Court

The United States and the International Criminal Court

Author: Sarah B. Sewall

Publisher: Rowman & Littlefield

ISBN: 0742501353

Category: Law

Page: 286

View: 953

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In exploring American reluctance to join the International Criminal Court, this text shows a dilemma facing US foreign policy; whether the U.S. can afford to remain estranged from international institutions that support norms and behaviours.

The International Criminal Court in Search of Its Purpose and Identity

The International Criminal Court in Search of Its Purpose and Identity

Author: Triestino Mariniello

Publisher: Routledge

ISBN: 0415747775

Category: Law

Page: 306

View: 290

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The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and aggression. It constitutes a fundamental step in the evolution of the universal system of human rights protection and in the fight of impunity for the crimes in question. This book critically analyses the law and practice of the ICC, and its contribution to the development of international criminal law and policy. The focus is placed on the key challenges, both procedural and substantive, faced by the ICC since its establishment. Contributors to the book include leading experts in international criminal justice, who cover topics including: proposals for the ICC to prosecute a new generation of international crimes, victims reparations, the evidentiary threshold for the confirmation of charges, and claims that the ICC has unfairly targeted countries in Africa. The book also considers the relationship between the International Criminal Court and States and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these strands the book provides a significant contribution in assessing how the ICC's practice could be refined or improved in future cases.

Implementing International Humanitarian Law

Implementing International Humanitarian Law

Author: Yusuf Aksar

Publisher: Psychology Press

ISBN: 0714684708

Category: Political Science

Page: 352

View: 519

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This book examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR).

Complementarity in the Rome Statute and National Criminal Jurisdictions

Complementarity in the Rome Statute and National Criminal Jurisdictions

Author: Jann K. Kleffner

Publisher: Oxford University Press

ISBN: 9780199238453

Category: Law

Page: 424

View: 259

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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.

The International Criminal Court

The International Criminal Court

Author: William Driscoll

Publisher: IDEA

ISBN: 0972054146

Category: Education

Page: 285

View: 323

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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.

The Sun Climbs Slow

The Sun Climbs Slow

Author: Erna Paris

Publisher: Seven Stories Press

ISBN: 9781583229989

Category: Law

Page: 400

View: 163

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In this groundbreaking investigation, Erna Paris explores the history of global justice, the politics behind America's opposition to the creation of a permanent international criminal court, and the implications for the world at large. The International Criminal Court (ICC) is the first permanent tribunal of its kind. The mandate of the ICC is to challenge criminal impunity on the part of national leaders and to promote accountability in world affairs at the highest level. Independent and transnational, its indictments cannot be vetoed in the Security Council. On March 11, 2003, when the new court was inaugurated in a moving ceremony, attended by over half of the countries in the world, one country was conspicuously missing from the celebrations. The government of the United States had made it clear that the International Criminal Court was not consistent with American goals and values.

National Security and International Criminal Justice

National Security and International Criminal Justice

Author: Herwig Roggemann

Publisher: BRILL

ISBN: 9789004481169

Category: Law

Page: 240

View: 348

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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.

The Persecution of Children as a Crime Against Humanity

The Persecution of Children as a Crime Against Humanity

Author: Sonja C. Grover

Publisher: Springer Nature

ISBN: 9783030750022

Category: Law

Page: 210

View: 873

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This book addresses age-based persecution of children as a crime against humanity in connection with genocide, crimes against humanity and war crimes (persecution - with some variation in the elements of the crime - is an existing offence under the Rome Statute of the permanent International Criminal Court, the statutes of various international criminal tribunals i.e. International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia and under the statutes of other international criminal courts (i.e. the Special Court of Sierra Leone)). The book introduces a completely original concept in international criminal law, however, in discussing age-based persecution of children as an international crime against humanity where (i) the particular discrete child collective is targeted ‘as such’ for international atrocity crimes or (ii) individual children are targeted based on their age-based group identity as it intersects with other perpetrator – targeted characteristics such as gender, ethnicity, religion etc.

Routledge Handbook of International Criminal Law

Routledge Handbook of International Criminal Law

Author: William A. Schabas

Publisher: Routledge

ISBN: 9781136866678

Category: Law

Page: 480

View: 884

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International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law. The book is split into four parts for ease of reference: The Historical and Institutional Framework – Sets international criminal law firmly in context with individual chapters on the important developments and key institutions which have been established. The Crimes – Identifies and analyses international crimes, including a chapter on aggression. The Practice of International Tribunals – Focuses on topics relating to the practice and procedure of international criminal law. Key Issues in International Criminal Law – Goes on to explore issues of importance such as universal jurisdiction, amnesties and international criminal law and human rights. Providing easy access to up-to-date and authoritative articles covering all key aspects of international criminal law, this book is an essential reference work for students, scholars and practitioners working in the field.

The Elgar Companion to the International Criminal Court

The Elgar Companion to the International Criminal Court

Author: Margaret deGuzman

Publisher: Edward Elgar Publishing

ISBN: 9781785368233

Category: Law

Page: 448

View: 988

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This comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world’s first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC’s existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work.

International Criminal Evidence

International Criminal Evidence

Author: Richard May

Publisher: BRILL

ISBN: 9789004479647

Category: Law

Page: 393

View: 868

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This book provides practitioners, scholars and students with an in-depth analysis of the law of evidence before international criminal tribunals. It treats subjects such as admissibility; hearsay; identification evidence; forensic and documentary evidence. It also discusses procedural issues arising from fair trial rights, state cooperation, witness protection, and the compulsive powers of the court. The main focus of this work is the practice of the United Nations ad hoc International Criminal Tribunals for the former Yugoslavia and Rwanda. However, it traces the developments of the law of evidence back to the trials conducted by the Allied powers after the Second World War. The authors also discuss the future of the law in this field, with comments on the projected implementation of the Statute and the Rules of Procedure of the permanent International Criminal Court. They conclude with some general remarks on trends in international criminal evidence that will be helpful to international tribunals, "mixed" tribunals (such as those proposed for Sierra Leone and Cambodia), and national courts alike. Published under the Transnational Publishers imprint.