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States' Responses to Issues Arising from the ICC Statute

States' Responses to Issues Arising from the ICC Statute
Author: Roy S. K. Lee
Publisher: International and Comparative
Total Pages: 344
Release: 2005
Genre: Law
ISBN:

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"Of the fifteen chapters, thirteen address issues of implementation of the Rome Statute in Canada, France, Germany, Netherlands, South Africa, Sweden, UK, Argentina, Brazil, Italy, Lichtenstein, Japan, and Mexico [in legislation either adopted or pending]. ... Chapter 15 offers some critical remarks from ... China, which has not signed the treaty"--Foreword, p. xviii.


States' Responses to Issues Arising from the ICC Statute

States' Responses to Issues Arising from the ICC Statute
Author: Thomas H.C. Lee
Publisher: BRILL
Total Pages: 335
Release: 2021-10-25
Genre: Law
ISBN: 900447983X

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This comparative study focuses on the legislative methods and techniques used in 12 countries to give effect to the International Criminal Court. The text covers both common law as well as civil law countries: Argentina; Brazil; South Africa; The Netherlands; Liechtenstein; France; Sweden; Germany; Norway; Italy; Canada; and the UK. The practice of each state forms a chapter focusing on constitutional, sovereign, and criminal issues. Two additional chapters discuss such issues now facing Japan and Mexico. The contributors focus on real issues encountered and methods and techniques actually employed with the purpose of serving as a practical guide to those countries that are still looking for methods to give effect to the Rome Statute. In each case the authors explain why certain legislative approaches were used and why others were not selected. The authors are all experts with years’ of experience in the field; most of them participated in preparing the relevant domestic laws and in the making of the Rome Statute. Published under the Transnational Publishers imprint.


UN Security Council Referrals to the International Criminal Court

UN Security Council Referrals to the International Criminal Court
Author: Alexandre Skander Galand
Publisher: BRILL
Total Pages: 278
Release: 2018-11-22
Genre: Law
ISBN: 9004342214

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Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.


States of Justice

States of Justice
Author: Oumar Ba
Publisher: Cambridge University Press
Total Pages: 207
Release: 2020-07-02
Genre: Law
ISBN: 1108806082

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This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.


Complementarity in the Rome Statute and National Criminal Jurisdictions

Complementarity in the Rome Statute and National Criminal Jurisdictions
Author: Jann K. Kleffner
Publisher: OUP Oxford
Total Pages: 424
Release: 2008-12-18
Genre: Law
ISBN: 0191553476

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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.


Yearbook of International Humanitarian Law - 2006

Yearbook of International Humanitarian Law - 2006
Author: Jann K. Kleffner
Publisher: T.M.C. Asser Press
Total Pages: 784
Release: 2009-12-31
Genre: Law
ISBN: 9789067042697

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The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere, and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.


Facets and Practices of State-Building

Facets and Practices of State-Building
Author: Julia Raue
Publisher: Martinus Nijhoff Publishers
Total Pages: 353
Release: 2009
Genre: Law
ISBN: 9004174036

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Drawing on a mix of international academic and field expert work, this book presents and analyses contemporary state-building efforts. It offers studies on the theoretical and practical foundations and causes of state-building, identifies the role and responsibilities of key actors and points to vital issues which merit specific attention in state-building undertakings. The book offers lessons for the future of state-building relevant to both practitioners and the academic community.


The Emerging Practice of the International Criminal Court

The Emerging Practice of the International Criminal Court
Author: Carsten Stahn
Publisher: BRILL
Total Pages: 793
Release: 2009
Genre: Political Science
ISBN: 9004166556

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The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.