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Author | : Heinz Duthel |
Publisher | : epubli |
Total Pages | : 119 |
Release | : 2024-05-10 |
Genre | : Law |
ISBN | : 3759813070 |
Download The Jurisdiction of the ICC: Scope and Challenges Book in PDF, ePub and Kindle
An analysis of the International Criminal Court 's (ICC) competencies and the challenges arising from its international role. The International Criminal Court (ICC) operates under a well-defined jurisdictional framework, primarily governed by the Rome Statute, which outlines the core international crimes it can prosecute: genocide, crimes against humanity, war crimes, and the crime of aggression. This jurisdiction extends only to crimes committed on the territory of a state party or by its nationals, unless a non-state party accepts ICC jurisdiction or the UN Security Council refers a situation to the court. The cases of George W. Bush, Tony Blair, Vladimir Putin, Benjamin Netanyahu. The International Criminal Court is investigating Israeli Prime Minister Netanyahu for possible war crimes. Concern about an arrest warrant is growing in the government. Numerous allegations of war crimes were levied against Israel for its actions against civilians during its 2023 war with Hamas. The UN Independent International Commission of Inquiry on the Occupied Palestinian Territory stated there was "already clear evidence" of war crimes and would share evidence with judicial authorities, including the International Criminal Court's authorities currently investigating war crimes committed in the Occupied Territories. As of 1 February 2024, more than 27,000 Palestinians had been killed by Israel since October 7th, up to two-thirds of whom were women and children. Critics argue the Biden administration of the United States gave tacit approval to Israeli war crimes. "US Threatens International Criminal Court again ". The Jurisdiction of the ICC: Scope and Challenges An Analysis of the ICC's Competencies and the Challenges Arising from its International Role Mission Statement: "Trying individuals for genocide, war crimes, crimes against humanity, and aggression - 'This cause ... is the cause of all humanity' - Former United Nations Secretary-General Kofi Annan"
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.
Author | : Richard H. Steinberg |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 495 |
Release | : 2016-04-08 |
Genre | : Law |
ISBN | : 9004304452 |
Download Contemporary Issues Facing the International Criminal Court Book in PDF, ePub and Kindle
Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: • Jurisdiction: The 2008-2009 Gaza Issue • The Obligation to Arrest in the Darfur Context • Appropriate Limitations on Oversight • The ICC and Prevention of Crimes • Reparations • Proving Mass Rape • Focus on Africa: Is the ICC Biased? • Increasing Rates of Apprehension and Arrest Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.
Author | : Sarah Babaian |
Publisher | : Springer |
Total Pages | : 210 |
Release | : 2018-05-31 |
Genre | : Law |
ISBN | : 3319780158 |
Download The International Criminal Court – An International Criminal World Court? Book in PDF, ePub and Kindle
This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court’s strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute’s provisions and its practical implementation through States’ practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC’s judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.
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 | : 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 | : Claus Kreß |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2016-10-27 |
Genre | : Law |
ISBN | : 1108107494 |
Download The Crime of Aggression Book in PDF, ePub and Kindle
The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.
Author | : Richard H. Steinberg |
Publisher | : BRILL |
Total Pages | : 394 |
Release | : 2020-07-20 |
Genre | : Law |
ISBN | : 900438409X |
Download The International Criminal Court: Contemporary Challenges and Reform Proposals Book in PDF, ePub and Kindle
The International Criminal Court: Contemporary Challenges and Reform Proposals is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: - Sexual and Gender-Based Violence: Obtaining Evidence - Outreach: Challenges Communicating with Victims, Witnesses, and Others - ICC State Party Withdrawals - Measuring the ICC’s Performance - The Crime of Aggression: Scope and Anticipated Difficulties - The Rome Statute at Twenty: Reform Proposals
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 | : Douglas Guilfoyle |
Publisher | : Oxford University Press |
Total Pages | : 467 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198728964 |
Download International Criminal Law Book in PDF, ePub and Kindle
This unique textbook provides an accessible introduction to a fascinating subject area. Written with student needs at its heart, innovative features such as 'Counterpoint' and 'Pause for reflection' boxes highlight current debates and areas worthy of more detailed analysis, providing students with the tools they need to develop their knowledge and start thinking critically about the law. Learning outcomes open each chapter, and are complemented by closing summaries to further support student understanding. Structured in four parts, the book first sets out the key international law principles which assume special significance in relation to international criminal law before going on to consider international criminal tribunals, the prosecution of international crimes, and the 'core' international crimes which have been prosecuted to date. Finally, consideration is given to issues such as legal defences and immunities under international law. Written by an outstanding scholar and teacher, this user-friendly text offers a unique approach to the subject area, making it the ideal choice for those new to the subject area. Online Resource Centre This book is accompanied by a free Online Resource Centre hosting links to key international law documents, additional material on the victims of crime, and updates on important developments within the subject area.