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| Author | : Monique Cormier |
| Publisher | : Cambridge University Press |
| Total Pages | : 273 |
| Release | : 2020-08-20 |
| Genre | : Law |
| ISBN | : 1108499309 |
The first book-length work to provide a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties.
| Author | : Alexandre Skander Galand |
| Publisher | : BRILL |
| Total Pages | : 278 |
| Release | : 2018-11-22 |
| Genre | : Law |
| ISBN | : 9004342214 |
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 | : Philipp Meissner |
| Publisher | : Lit Verlag |
| Total Pages | : 134 |
| Release | : 2005 |
| Genre | : History |
| ISBN | : |
"The United States' opposition to the International Criminal Court (ICC) has developed into the epitome of fierce controversy concerning the international legal order in the 21st century. This volume represents an analysis of both the legal objections asserted by the involved U.S. administrations as well as a set of political motives the author considers likely to underlie their opposition. Fostering mutual understanding is the pre-condition for achieving an ease of tension in the future - which is in the very interest not only of the ICC and its States Parties, but also of the United States."--BOOK JACKET.
| Author | : Victor Tsilonis |
| Publisher | : Springer Nature |
| Total Pages | : 292 |
| Release | : 2019-11-23 |
| Genre | : Law |
| ISBN | : 3030215261 |
The book provides a holistic examination of the jurisdiction of the International Criminal Court (ICC). The main focus is placed on the three pillars which form the ICC’s foundation pursuant to the Rome Statute: the preconditions to the exercise of its jurisdiction (Article 12 Rome Statute) the substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression) the principle of complementarity (Article 17§1 (a) Rome Statute) The latter governs the ICC's ‘ultimate jurisdiction’, since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution. Finally yet importantly, the main ‘negative preconditions’ for the Court’s jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature.
| Author | : Gerhard Werle |
| Publisher | : Springer |
| Total Pages | : 174 |
| Release | : 2019-06-29 |
| Genre | : Law |
| ISBN | : 9462653038 |
The chapters in this book are reworkings of presentations given during a conference held in 2018 at the German Embassy to the Netherlands in The Hague on the occasion of the 20th anniversary of the adoption of the Rome Statute. They provide an in-depth analysis of major points of contention the International Criminal Court (ICC) is currently facing, such as, inter alia, head of state immunities, withdrawal from the Rome Statute, the exercise of jurisdiction vis-à-vis third-party nationals, the activation of the Court’s jurisdiction regarding the crime of aggression, as well as the relationship of the Court with both the Security Council and the African Union, all of which are issues that have a continued relevance and carry a particular controversy. The collection provides insights from both practitioners, including judges of the ICC, and diplomats who participated in the negotiations leading to the adoption of the Rome Statute, as well as well-known academics from various parts of the world working in the field of international criminal law. The aim of the book is not only to inform and stimulate academic debate on the topic, but also to serve as an instrument for lawyers involved in the practice of international criminal law. Gerhard Werle is Professor at the Faculty of Law of the Humboldt-University in Berlin, Germany and Andreas Zimmermann is Professor at the Faculty of Law of the University of Potsdam in Germany. Jürgen Bering, who worked on this book as assistant editor, is an Associate at Dentons, Berlin and a PhD candidate at the Martin Luther University, Halle-Wittenberg, Germany.
| Author | : Victor Tsilonis |
| Publisher | : Springer Nature |
| Total Pages | : 363 |
| Release | : |
| Genre | : |
| ISBN | : 303146138X |
| Author | : Sarah B. Sewall |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 286 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : 9780742501355 |
American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century. The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena. Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.
| Author | : Jo Stigen |
| Publisher | : BRILL |
| Total Pages | : 548 |
| Release | : 2008-09-30 |
| Genre | : Law |
| ISBN | : 904743174X |
The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere vis-à-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 | : |
| Publisher | : GRIN Verlag |
| Total Pages | : 32 |
| Release | : 2024-04-03 |
| Genre | : Law |
| ISBN | : 338900646X |
Essay from the year 2023 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0, Göteborg University (Rechtswissenschaft), course: International Criminal Law, language: English, abstract: How can the U.S. arguments regarding the ICC as a threat to state sovereignty be assessed? How is the ICC as an institution affected by the fact that the U.S. – one of the Permanent Five – is not part of the Rome Statute? The ICC, being the world’s first permanent international criminal court, was established to prosecute individuals for “the most serious crimes of international concern”, namely genocide; crimes against humanity; war crimes; and the crime of aggression. Some controversies among states arose during the establishment, primarily concerning the court’s jurisdiction and its effects on state sovereignty. The clash between the authority of the ICC and the sovereignty of states has thereafter repeatedly been up for discussion. The U.S. is often depicted as one of the main opponents to the ICC due to the court’s alleged impact on state sovereignty. What may be considered ironic in the context is that the U.S. initially constituted one of the key creators of the court, to ultimately neither sign nor ratify its statute. An argument that has been put forward by the U.S. is that there is no need for an external juridical body for such a well-established, sovereign state as the U.S. However, such a body would serve a purpose for other states, which do not meet the high U.S. standards. This argument shows clear tendencies of so-called American exceptionalism, which is the idea that the U.S. is superior to other states for historical, ideological or religious reasons. What makes this standpoint further interesting is that the U.S., despite not being part of the Rome Statute, may refer cases to the ICC in its capacity as one of the permanent members of the UNSC – which they have, on several occasions. In other words, the U.S. appears to be in the position to exercise indirect control over an international institution which their own nationals cannot be subjects to.
| Author | : Heinz Duthel |
| Publisher | : epubli |
| Total Pages | : 119 |
| Release | : 2024-05-10 |
| Genre | : Law |
| ISBN | : 3759813070 |
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"
