Asset Freezing At The International Criminal Court And The United Nations Security Council PDF Download
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Author | : Daley Birkett |
Publisher | : |
Total Pages | : 246 |
Release | : 2021-01-28 |
Genre | : Attachment and garnishment |
ISBN | : 9789462361850 |
Download Asset Freezing at the International Criminal Court and the United Nations Security Council Book in PDF, ePub and Kindle
The International Criminal Court (ICC) and the United Nations Security Council (UNSC) are both empowered to request States to freeze individuals? assets, the former in pursuit of its objective to bring an end to impunity for grave crimes and the latter in furtherance of its responsibility for the maintenance of international peace and security. Regardless of duration, freezing individuals? assets infringes on their rights. But the longer assets are frozen, the more likely and/or more severe these infringements become. Asset freezing measures executed at the behest of the two bodies are rarely short in duration, with ICC-requested measures capable of enduring from the issuance of a warrant of arrest until the accused person is acquitted or convicted and UNSC-ordered freezes continuing until the body no longer needs to act to maintain or restore international peace and security. The focus of this book rests on the two bodies? exercise of their asset freezing powers, with a particular emphasis on the legal protections available to those individuals at the receiving end of the measures at the disposal of the ICC and the UNSC, respectively.0.
Author | : Daley J. Birkett |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : |
ISBN | : |
Download Asset Freezing at the European and Inter-American Courts of Human Rights Book in PDF, ePub and Kindle
This article examines the human rights implications of the asset freezing processes available to the International Criminal Court and the United Nations Security Council. It does so through the lens of the case law of the European Court of Human Rights and the Inter-American Court of Human Rights, from whose jurisprudence, although not uniform, a number of principles can be distilled. By scrutinising a series of cases decided under the European Convention on Human Rights and American Convention on Human Rights, respectively, the article demonstrates that the rights to the peaceful enjoyment of property and to respect for one's private and family life, home and correspondence are necessarily implicated by the execution of asset freezing measures in criminal and administrative contexts. The article concludes that, considering the human rights constraints placed on the exercise of their powers, both the International Criminal Court and United Nations Security Council, as well as States acting at their request, must pay attention to this case law with a view to respecting the human rights of those to whom asset freezing measures are applied.
Author | : Daley J. Birkett |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : |
ISBN | : |
Download Coexistent But Uncoordinated Book in PDF, ePub and Kindle
Both the International Criminal Court (ICC) and the UN Security Council (UNSC) are vested with the capacity to request States to freeze individuals' assets. The two bodies are also bound to cooperate closely under the terms of their relationship agreement 'with a view to facilitating the effective discharge of their respective responsibilities'. This article examines whether this obligation extends to the UNSC coordinating its targeted sanctions regime to support the ICC in respect of the enforcement powers with which the latter is equipped. It does so by analysing eight cases where UNSC action (could) have coincided with ICC operations, with a particular focus on the (non-)parallel implementation of the two bodies' asset freezing procedures. The article demonstrates that, though the activities of the UNSC and the ICC in this sphere of their respective operations might have overlapped on a number of occasions, they have rarely been deliberately coordinated. This leads the author to conclude that close cooperation as envisaged in the relationship agreement between the two bodies is unlikely on this front.
Author | : Lawrence Moss |
Publisher | : |
Total Pages | : 13 |
Release | : 2012 |
Genre | : |
ISBN | : 9783864980787 |
Download The UN Security Council and the International Criminal Court Book in PDF, ePub and Kindle
Author | : Rosalynd Claire Esther Roberts |
Publisher | : |
Total Pages | : |
Release | : 2011 |
Genre | : |
ISBN | : |
Download The Relationship Between the International Criminal Court and the United Nations Security Council Book in PDF, ePub and Kindle
The establishment of the International Criminal Court in 2002 was a milestone for international criminal justice. The Court was born into a world in which tentative ad hoc attempts had already been taken to ensure accountability for those responsible for the most heinous international crimes. These steps were enabled by the United Nations Security Council, a political organ with primary responsibility for maintaining international peace and security. The interaction and therefore the relationship between the Court and the Council is relevant due to the nature of their mandates. The crimes over which the Court has jurisdiction are genocide, war crimes, crimes against humanity and the crime of aggression. These crimes are likely to arise in a situation of which the Council is also seized in its attempt to maintain or restore international peace and security. Therefore, the question to be answered is: What is the legal relationship between the Court and the Council in so far as is the Court bound by decisions of the Security Council, notwithstanding that such decisions may restrict the Court's jurisdiction? Thus, this thesis examines the Council's authority to act under Chapter VII of the Charter and the limits that exist on this authority, being the thresholds established by its past practice, the Purposes and Principles of the UN Charter, the general international law principle of good faith and jus cogens norms. It analyses the legal position of the International Criminal Court in relation to the Council, taking into consideration the obligations and rights contained in the Court's Statute and the Relationship Agreement between the Court and the Council. Having established the legal relationship between the Court and the Council the thesis then looks at the Council's practice in relation to the Court to date, including the legality of the Chapter VII resolutions adopted and the effect of the finding of an ultra vires resolution on the Court and States party to its Statute. The impact of the Council's actions on the Court, and thus on the relationship between the two institutions is then assessed and it is suggested that a more positive approach to the Court by the Council could result in their being able to fulfill their respective mandates harmoniously.
Author | : |
Publisher | : |
Total Pages | : 42 |
Release | : 1998 |
Genre | : International criminal court (Proposed) |
ISBN | : |
Download The UN Security Council and the International Criminal Court : how Should They Relate? Book in PDF, ePub and Kindle
Author | : Deborah Ruiz Verduzco |
Publisher | : |
Total Pages | : 455 |
Release | : 2012 |
Genre | : |
ISBN | : |
Download The Relationship Between the International Criminal Court and the Security Council of the United Nations Book in PDF, ePub and Kindle
Author | : Thomas J. Biersteker |
Publisher | : Cambridge University Press |
Total Pages | : 423 |
Release | : 2016-03-17 |
Genre | : Political Science |
ISBN | : 1107134218 |
Download Targeted Sanctions Book in PDF, ePub and Kindle
Systematically analyzes the impacts and the effectiveness of UN targeted sanctions over the past quarter century.
Author | : DIMITRIS. LIAKOPOULOS |
Publisher | : |
Total Pages | : |
Release | : 2020-03-15 |
Genre | : |
ISBN | : 9781680531305 |
Download Autonomy and Cooperation Within the International Criminal Court and United Nations Security Council Book in PDF, ePub and Kindle
In Autonomy and Cooperation, noted legal scholar Dimitris Liakpolous explores the content of powers attributed by the Statute of Rome to United Nations Security Council. It begins by investigating the power to activate the investigations of the prosecutor before examining the power to suspend judicial activity. The book then defines the characteristics of Security Council intervention in the context of cooperation and judicial assistance and examines prerogatives regarding the crime of aggression. The study concludes with an appreciation of the effect of Security Council action on the jurisdictional activity of the International Criminal Court.
Author | : Nicholas A. Wright |
Publisher | : |
Total Pages | : |
Release | : 2000 |
Genre | : |
ISBN | : |
Download Conflict Or Co-operation Book in PDF, ePub and Kindle