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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 | : 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"
| Author | : Temitope Obasaju Stephen |
| Publisher | : LAP Lambert Academic Publishing |
| Total Pages | : 60 |
| Release | : 2013 |
| Genre | : |
| ISBN | : 9783659414732 |
The International Criminal Court(ICC) has been put on spot light and questioned by many on the Legality of the exrecise of Jurisdiction over non-state parties for a very long time. This work is a product of International Criminal Law Masters research directed to answer so many questions and on going debates about this issue. It is directed at scholars, students of Law, people in government, Non governmental organisations, Legal practitioners, researchers and the Public in general who are intterested in updating their knowledge or knowing more; about the problems that poses to the ICC in exercising Jurisdiction arising from United Nations Security Council referrals to the Court, which is in accordance with the Rome Statute and the working agreement between the United Nations Organisation and the court. This book is a collectors item that opens up a lot of questions and equally addresses the rationale for the implicit jurisdiction of the court when acting under the chapter VII powers of the United nations Security Council. It is very informative and educative, you will gain unquantifiable knowledge from the insight in this book.Enjoy it and share your opinion with us.
| 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 | : Claus Kreß |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2016-10-27 |
| Genre | : Law |
| ISBN | : 1108107494 |
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 | : Michalēs Vagias |
| Publisher | : Cambridge University Press |
| Total Pages | : 379 |
| Release | : 2014-10-16 |
| Genre | : Law |
| ISBN | : 1107034272 |
Michael Vagias analyses the law and procedure surrounding the territorial jurisdiction of the International Criminal Court.
| Author | : Monique Cormier |
| Publisher | : |
| Total Pages | : 112 |
| Release | : 2006 |
| Genre | : Rome Statute of the International Criminal Court |
| ISBN | : |
"In certain circumstances, the International Criminal Court (ICC) can exercise jurisdiction over nationals of states that are not party to the Rome Statute. By determining that states can lawfully delegate their customary rights of territorial and universal jurisdiction to the ICC, this thesis argues that the exercise of jursidiction by the court over nationals of non-state parties is not in contravention of international law." --introd.
| 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.
