The International Criminal Court And National Jurisdictions PDF Download
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| 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 | : Federica Gioia |
| Publisher | : Routledge |
| Total Pages | : 316 |
| Release | : 2016-12-05 |
| Genre | : Law |
| ISBN | : 1351887564 |
Download The International Criminal Court and National Jurisdictions Book in PDF, ePub and Kindle
At a stage in its development when the workings of the International Criminal Court may be assessed, this timely volume provides valuable insights into its activities and, in particular, its interaction with national jurisdictions and international organizations. The contributors discuss a broad range of topics and present a 'first assessment' of complementarity. They address the issues at the heart of the substantive and procedural law of the Court and examine aspects relating to national implementation and international cooperation. These proceedings are the latest addition to the Trento Conference series, bringing together a wide range of leading scholars, diplomats and representatives of international organizations. As such, they provide an important contribution to the ongoing debate surrounding International Criminal Law and the International Criminal Court in particular. This thought-provoking study will be of value to researchers and policy makers alike.
| Author | : Monique Cormier |
| Publisher | : Cambridge University Press |
| Total Pages | : 273 |
| Release | : 2020-08-20 |
| Genre | : Law |
| ISBN | : 1108499309 |
Download The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties Book in PDF, ePub and Kindle
The first book-length work to provide a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties.
| Author | : William Schabas |
| Publisher | : Cambridge University Press |
| Total Pages | : 566 |
| Release | : 2007-10-18 |
| Genre | : Law |
| ISBN | : 9780521707541 |
Download An Introduction to the International Criminal Court Book in PDF, ePub and Kindle
The International Criminal Court ushers in a new era in the protection of human rights. The Court will prosecute genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. This third revised edition considers the initial rulings by the Pre-Trial Chambers and the Appeals Chamber, and the cases it is prosecuting, namely, Democratic Republic of Congo, northern Uganda, Darfur, as well as those where it had decided not to proceed, such as Iraq. The law of the Court up to and including its ruling on a confirmation hearing, committing Chalres Lubanga for trial on child soldiers offences, is covered. It also addresses the difficulties created by US opposition, analysing the ineffectiveness of measures taken by Washington to obstruct the Court, and its increasing recognition of the inevitability of the institution.
| Author | : Alexandre Skander Galand |
| Publisher | : BRILL |
| Total Pages | : 278 |
| Release | : 2018-11-22 |
| Genre | : Law |
| ISBN | : 9004342214 |
Download UN Security Council Referrals to the International Criminal Court Book in PDF, ePub and Kindle
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.
| Author | : Flavia Lattanzi |
| Publisher | : © Editrice il Sirente |
| Total Pages | : 546 |
| Release | : 1999-01-01 |
| Genre | : Law |
| ISBN | : 8887847002 |
Download Essays on the Rome Statute of the International Criminal Court Book in PDF, ePub and Kindle
| Author | : Kenneth S. Gallant |
| Publisher | : Oxford University Press |
| Total Pages | : 809 |
| Release | : 2022 |
| Genre | : Law |
| ISBN | : 0199941475 |
Download International Criminal Jurisdiction Book in PDF, ePub and Kindle
"Whose law must I obey? This question is so basic to our legal obligations that it ought to be easy. Specifically, a person considering an action ought to be able to answer this question by the use of law-like rules. This ought to be particularly true of criminal law, which will be the principal focus of this book. Actually, this question is partially unanswerable in the world as it exists today. Whether by accident or design, the current structure and content of law-national and international-sometimes prevents persons (natural or juridical) from being able to answer the question fully at the time of action"--
| Author | : Héctor Olásolo |
| Publisher | : BRILL |
| Total Pages | : 422 |
| Release | : 2005-10-01 |
| Genre | : Business & Economics |
| ISBN | : 9047415744 |
Download The Triggering Procedure of the International Criminal Court Book in PDF, ePub and Kindle
The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
| Author | : Roberto Bellelli |
| Publisher | : Routledge |
| Total Pages | : 706 |
| Release | : 2016-04-22 |
| Genre | : Law |
| ISBN | : 1317114280 |
Download International Criminal Justice Book in PDF, ePub and Kindle
This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.
| Author | : Dominic McGoldrick |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 516 |
| Release | : 2004-03-30 |
| Genre | : Law |
| ISBN | : 184731211X |
Download The Permanent International Criminal Court Book in PDF, ePub and Kindle
The idea of an International Criminal Court has captured the international legal imagination for over a century. In 1998 it became a reality with the adoption of the Rome Statute. This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law,the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts involved in negotiating the ICC Statute, the general principles of legality, the scope of defences, evidential dilemmas, the perspective of victims, the nature and scope of the offences within the ICC's jurisdiction – aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction, the principle of complementarity, national implementation of the Statute in a range of jurisdictions, and national and international responses to the ICC. The expert contributors are drawn from a range of national jurisdictions – UK, Sweden, Canada, and Australia. The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute.
