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The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court

The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court
Author: Kai Ambos
Publisher: Springer Science & Business Media
Total Pages: 168
Release: 2010-06-30
Genre: Law
ISBN: 3642112730
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Striking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia’s decades-long armed conflict. Yet, will this approach suffice with regard to Colombia’s obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?

Complementarity, Catalysts, Compliance

Complementarity, Catalysts, Compliance
Author: Christian M. De Vos
Publisher: Cambridge University Press
Total Pages: 389
Release: 2020-04-23
Genre: Law
ISBN: 1108472486
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Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.

The International Criminal Court and Complementarity

The International Criminal Court and Complementarity
Author: Carsten Stahn
Publisher: Cambridge University Press
Total Pages: 1293
Release: 2011-10-06
Genre: Law
ISBN: 1316139506
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This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.

Contested Justice

Contested Justice
Author: Christian De Vos
Publisher: Cambridge University Press
Total Pages: 525
Release: 2015-12-18
Genre: Law
ISBN: 1316483266
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The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.

Prosecuting International Crimes: A Multidisciplinary Approach

Prosecuting International Crimes: A Multidisciplinary Approach
Author: Bartłomiej Krzan
Publisher: BRILL
Total Pages: 325
Release: 2016-07-11
Genre: Law
ISBN: 900432366X
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The volume edited by Bartłomiej Krzan offers different perspectives on the prosecution of international crimes. The analyses contained therein reflect different backgrounds, mainly legal, combining several disciplines, and making it a multidisciplinary study. The main (but definitely not the exclusive) point of reference is that of international law. In addition, other perspectives, those of legal history or sociology of law and obviously the one of criminal law (both substantive and procedural) provide useful alternatives or in most occasions complementary approaches to the examination of the prosecution of international crimes. The book combines different views, backgrounds and underlying assumptions. But gathered together they, it is to be hoped, shed some additional, useful light that might be helpful for identifying new dimensions of the reaction (judicial or other) towards international crimes. Contributors: Władysław Czapliński, Patrycja Grzebyk, Witold Jakimko, Wojciech Jasiński, David Kohout, Karolina Kremens, Bartłomiej Krzan, Krzysztof Masło, Neringa Mickevičiūtė, Robert Uerpmann-Wittzack, Regina Valutyté, Karolina Wierczyńska, Joachim Wolf, Loammi Wolf, and Justinas Žilinskas.

International Law and Transition to Peace in Colombia

International Law and Transition to Peace in Colombia
Author: César Rojas-Orozco
Publisher: BRILL
Total Pages: 205
Release: 2021-07-05
Genre: Law
ISBN: 9004440534
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In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.

Law in Peace Negotiations

Law in Peace Negotiations
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
Total Pages: 460
Release: 2010-07-23
Genre: Law
ISBN: 8293081090
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Organized Crime and International Criminal Law

Organized Crime and International Criminal Law
Author: Kathrin Strobel
Publisher: BRILL
Total Pages: 302
Release: 2021-08-09
Genre: Law
ISBN: 9004462589
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This book presents the first comprehensive study of international criminal jurisdiction over organized crime and demonstrates the potential of international law to bring leaders of cartels and trafficking rings to justice.

The Politics of Gender Justice at the International Criminal Court

The Politics of Gender Justice at the International Criminal Court
Author: Louise A. Chappell
Publisher: Oxford University Press
Total Pages: 299
Release: 2016
Genre: Law
ISBN: 019992791X
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This book examines the gender justice design features of the Rome Statute (the foundation of the International Criminal Court), and assessing the effectiveness of the statute's implementation in the first decade of the court's operation. Chappell argues that although the ICC has provided mixed outcomes for gender justice, there have also been a number of important breakthroughs, particularly in regards to support for female judges.