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Author | : Carsten Stahn |
Publisher | : Cambridge University Press |
Total Pages | : 1293 |
Release | : 2011-10-06 |
Genre | : Law |
ISBN | : 1316139506 |
Download The International Criminal Court and Complementarity Book in PDF, ePub and Kindle
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.
Author | : Mohamed M. El Zeidy |
Publisher | : BRILL |
Total Pages | : 401 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9004166939 |
Download The Principle of Complementarity in International Criminal Law Book in PDF, ePub and Kindle
Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.
Author | : Jo Stigen |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 549 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9004169091 |
Download The Relationship Between the International Criminal Court and National Jurisdictions Book in PDF, ePub and Kindle
The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere "vis-a-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 | : Sarah M. H. Nouwen |
Publisher | : Cambridge University Press |
Total Pages | : 529 |
Release | : 2013-11-07 |
Genre | : Law |
ISBN | : 1107010780 |
Download Complementarity in the Line of Fire Book in PDF, ePub and Kindle
"This book follows as LAW"--
Author | : Christian M. De Vos |
Publisher | : Cambridge University Press |
Total Pages | : 389 |
Release | : 2020-04-23 |
Genre | : Law |
ISBN | : 1108472486 |
Download Complementarity, Catalysts, Compliance Book in PDF, ePub and Kindle
Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.
Author | : Gerhard Werle |
Publisher | : Springer |
Total Pages | : 349 |
Release | : 2016-11-29 |
Genre | : Law |
ISBN | : 9462651507 |
Download The African Criminal Court Book in PDF, ePub and Kindle
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Author | : Jann K. Kleffner |
Publisher | : OUP Oxford |
Total Pages | : 424 |
Release | : 2008-12-18 |
Genre | : Law |
ISBN | : 0191553476 |
Download Complementarity in the Rome Statute and National Criminal Jurisdictions Book in PDF, ePub and Kindle
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 | : Oumar Ba |
Publisher | : Cambridge University Press |
Total Pages | : 207 |
Release | : 2020-07-02 |
Genre | : Law |
ISBN | : 1108806082 |
Download States of Justice Book in PDF, ePub and Kindle
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.
Author | : Florian Razesberger |
Publisher | : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften |
Total Pages | : 0 |
Release | : 2006 |
Genre | : Complementarity (International law) |
ISBN | : 9783631554357 |
Download The International Criminal Court Book in PDF, ePub and Kindle
This book provides a brief overview of the historical roots of the International Criminal Court and explains the unique character and purpose of the principle of complementarity within the Rome Statute and its other constituent instruments. The author also examines article 17, the core provision in relation to complementarity, and describes its application in different phases of the proceedings before the ICC. This study tries to highlight the problematic issue of amnesties, which is not covered by the respective legal instruments, and questions the political and judicial implications of complementarity. This book is intended as a practical handbook rather than a theoretical inquiry.
Author | : Mark S. Ellis |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 325 |
Release | : 2014-04-23 |
Genre | : Law |
ISBN | : 1443859656 |
Download Sovereignty and Justice Book in PDF, ePub and Kindle
The drafters of the ICC’s founding document, the Rome Statute, foresaw what would become the main challenge to the Court’s legitimacy: that it could violate national sovereignty. To address this concern, the drafters added the principle of complementarity to the ICC’s jurisdiction, in that the Court’s province merely complements the exercise of jurisdiction by the domestic courts of the Statute’s member states. The ICC honours the authority of those states to conduct their own trials. However, if the principle of complementarity is to be applied, states must ensure that their own judicial systems and trials are consistent with international standards of independence and fairness. In addition, for complementarity to work, the ICC must be willing to actively support, embrace, and implement the principle. If the Court holds on too tightly to a self-aggrandising view of its role in promoting international justice, then it will lose all credibility in the eyes of nation states. Finally, the international community, in calling on states to address war crimes committed within their borders, must provide the financial, technical, and professional resources that many struggling states need in this endeavour. This book sets forth several innovative recommendations to fulfil these goals so as to make future domestic war crimes courts work more effectively.