Asset Freezing At The International Criminal Court And The United Nations Security Council

Author : Daley Birkett
Publisher : Unknown
Page : 246 pages
File Size : 46,9 Mb
Release : 2021-01-28
Category : Attachment and garnishment
ISBN : 9462361851

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Asset Freezing at the International Criminal Court and the United Nations Security Council by Daley Birkett Pdf

The International Criminal Court (ICC) and the United Nations Security Council (UNSC) are both empowered to request States to freeze individuals? assets, the former in pursuit of its objective to bring an end to impunity for grave crimes and the latter in furtherance of its responsibility for the maintenance of international peace and security. Regardless of duration, freezing individuals? assets infringes on their rights. But the longer assets are frozen, the more likely and/or more severe these infringements become. Asset freezing measures executed at the behest of the two bodies are rarely short in duration, with ICC-requested measures capable of enduring from the issuance of a warrant of arrest until the accused person is acquitted or convicted and UNSC-ordered freezes continuing until the body no longer needs to act to maintain or restore international peace and security. The focus of this book rests on the two bodies? exercise of their asset freezing powers, with a particular emphasis on the legal protections available to those individuals at the receiving end of the measures at the disposal of the ICC and the UNSC, respectively.0.

Author : Gabriel M. Lentner
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 55,6 Mb
Release : 2018-11-30
Category : Law
ISBN : 9781788117326

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The UN Security Council and the International Criminal Court by Gabriel M. Lentner Pdf

Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centred on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations.

Author : Alexandre Skander Galand
Publisher : BRILL
Page : 278 pages
File Size : 54,6 Mb
Release : 2018-11-22
Category : Law
ISBN : 9789004342217

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UN Security Council Referrals to the International Criminal Court by Alexandre Skander Galand Pdf

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 : Christodoulos Kaoutzanis
Publisher : Springer Nature
Page : 211 pages
File Size : 52,8 Mb
Release : 2020-01-01
Category : Political Science
ISBN : 9783030237776

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The UN Security Council and International Criminal Tribunals: Procedure Matters by Christodoulos Kaoutzanis Pdf

The book explains why and how the UN Security Council authorizes international criminal investigations into mass atrocities. In doing so, it tackles head-on the obvious double standards of global justice, where few atrocities get investigated and most slip below the headlines. The book argues that the Council’s decision-making procedure is central to understanding the Council’s decisions. This procedure is broken into three distinct steps, namely the role of diplomats at the Council, the Council’s reliance on third parties and the Council’s resort to precedent. The volume documents that the Council authorized international criminal investigations only into the handful of mass atrocities for which the Council’s deliberations successfully completed each of these three steps. Written for both scholars and practitioners, the book combines insights from the fields of international relations, international law and human rights. Through archival research and interviews with UNSC diplomats who took part in deliberations on atrocities, the volume presents evidence that supports its argument across cases and across time. In doing so, the book avoids the yes/no (or 0 vs 1) tendency of many social science projects, thereby acknowledging that there is no silver bullet to explain the work of the Council’s five permanent and ten elected members. Chris Kaoutzanis's Procedure Matters is a deep dive into how the UN Security Council actually works in dealing with some of the world's worst atrocities. Showing that UN procedure does matter, Kaoutzanis illuminates the limited accountability for international crimes that can be expected from that vital institution. As importantly, he offers a road map for how to use UN legitimating procedures to navigate the power politics of that august body. This is a map no scholar of international institutions and no human rights activist should be without. Michael Doyle, Columbia University This project recognizes what the scholarly literature has generally ignored or deemphasized: the central role of the Security Council in responding to mass atrocity situations. As much as international lawyers would hate to admit it, the legal response to international crimes is initially controlled not by international judges and tribunals, but rather by the Security Council and its geo-political and diplomatic complications. Kaoutzanis has put the sun back at the center of our solar system. Jens David Ohlin, Cornell Law School

Author : Lawrence Moss
Publisher : Unknown
Page : 13 pages
File Size : 49,8 Mb
Release : 2012
Category : Electronic
ISBN : 386498078X

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The UN Security Council and the International Criminal Court by Lawrence Moss Pdf

Author : Ramsden, Michael
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 41,8 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781788119382

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International Justice in the United Nations General Assembly by Ramsden, Michael Pdf

International Justice in the United Nations General Assembly probes the role that the UN’s plenary body has played in developing international criminal law and addressing country-specific impunity gaps. It covers the General Assembly’s norm-making capabilities, its judicial and investigatory functions, and the legal effect of its recommendations. With talk of a ‘new Cold War’ and growing levels of plenary activism in the face of Security Council deadlock, this book will make for timely and essential reading for all in the field of international criminal justice.

Author : Ammar Mahmoud
Publisher : Anchor Academic Publishing
Page : 77 pages
File Size : 44,8 Mb
Release : 2017-09
Category : Law
ISBN : 9783960671794

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The International Criminal Court, the Security Council and Darfur: A Critique by Ammar Mahmoud Pdf

This book considers the relationship between the International Criminal Court (ICC) and the United Nations Security Council (UNSC) under three major aspects: triggering the jurisdiction of the Court when the Security Council adopts a resolution requesting that under Article 13 (b) of the Rome Statute; delaying the Court’s action by UNSC according to Article 16 of the Rome Statute; and the cooperation between the two institutions in cases where the Council refers to the Court situations, and also with regard to state-party referrals, and situations initiated proprio motu by the Prosecutor. The book analyzes this relationship according to Resolution 1593 (2005) by which the Security Council assigned the situation in Darfur to the Court. It highlights the main flaws of this Resolution, and discusses the African Union’s position towards the Court.

Author : Bardo Fassbender
Publisher : Unknown
Page : 237 pages
File Size : 47,7 Mb
Release : 2011
Category : Law
ISBN : 9780199641499

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Securing Human Rights? by Bardo Fassbender Pdf

Throughout the first decades of its existence, many held the view that the UN Security Council would in some senses automatically encourage the protection of human rights by maintaining international peace. However since the end of the Cold War there have been growing concerns that the Council is a force with the potential to do harm to the cause of human rights, even to the extent of violating the rights of individuals. The chapters of this volume take a closer look at these two sides of the Security Council's involvement in human rights; both its efforts to promote and enforce human rights, and its actions that, with the intention of maintaining and restoring international peace, also have the potential to jeopardize human rights. This book represents a collection of individual views and appraisals of how the Council has dealt with human rights issues in the post-Cold War period, particularly in the cases of the economic sanctions imposed on Iraq and the targeted sanctions directed against the Taliban and supporters of the Al Qaida network. Written by experts in the field of international law, they are both positive and negative, critical and analytical. Together they offer a selection of different perspectives and evaluate the contribution of the Security Council to the promotion of human rights, highlighting possible avenue for improvement.

Author : Thomas J. Biersteker,Sue E. Eckert,Marcos Tourinho
Publisher : Cambridge University Press
Page : 423 pages
File Size : 42,5 Mb
Release : 2016-03-17
Category : Political Science
ISBN : 9781107134218

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Targeted Sanctions by Thomas J. Biersteker,Sue E. Eckert,Marcos Tourinho Pdf

Systematically analyzes the impacts and the effectiveness of UN targeted sanctions over the past quarter century.

Author : Mark Klamberg
Publisher : Torkel Opsahl Academic EPublisher
Page : 819 pages
File Size : 54,5 Mb
Release : 2017-04-29
Category : Law
ISBN : 9788283481013

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Commentary on the Law of the International Criminal Court by Mark Klamberg Pdf

Author : Olympia Bekou,Daley Birkett
Publisher : BRILL
Page : 447 pages
File Size : 42,6 Mb
Release : 2016-05-19
Category : Law
ISBN : 9789004304475

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Cooperation and the International Criminal Court by Olympia Bekou,Daley Birkett Pdf

In Cooperation and the International Criminal Court: Perspectives from Theory and Practice, Olympia Bekou and Daley J. Birkett bring together expert contributions from both academia and practice, providing detailed insight into the cooperation regime of the International Criminal Court.

Author : Devika Hovell
Publisher : Oxford University Press
Page : 224 pages
File Size : 55,5 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191027444

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The Power of Process by Devika Hovell Pdf

The UN Security Council's transition to 'targeted sanctions' in the 1990s marked a revolutionary shift in the locus of the Council's decision-making from states to individuals. The establishment of the targeted sanctions regime, should be regarded as more than a shift in policy and invites attention to an emerging tier of international governance. This book examines the need to develop a due process framework having regard to the uniquely political and crisis-based context in which the Security Council operates. Drawing on Anglo-American jurisprudence, this book develops procedural principles for the international institutional context using a value-based approach as an alternative to the formalistic approach taken in the literature to date. In doing so, it is recognized that due process is more than a set of discrete legal standards, but is a touchstone for the way the international legal order conceives of far larger questions about community, law and values.

Author : Anonim
Publisher : World Bank Publications
Page : 284 pages
File Size : 43,9 Mb
Release : 2009
Category : Law
ISBN : 9780821379028

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Stolen Asset Recovery by Anonim Pdf

This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.

Author : Kushtrim Istrefi
Publisher : Brill - Nijhoff
Page : 204 pages
File Size : 47,8 Mb
Release : 2018-12-13
Category : Law
ISBN : 9004345256

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European Judicial Responses to Security Council Resolutions by Kushtrim Istrefi Pdf

In this volume Kushtrim Istrefi explores the normative and policy effects of European court decisions as regards Security Council targeted sanctions and security detentions interfering with fundamental rights.

Author : Renata Barbosa,Francesco Mazzacuva ,Megumi Ochi
Publisher : Maklu
Page : 251 pages
File Size : 50,5 Mb
Release : 2022-11-01
Category : Law
ISBN : 9789046611555

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Contemporary challenges and alternatives to international criminal justice by Renata Barbosa,Francesco Mazzacuva ,Megumi Ochi Pdf

The system of international criminal justice was established in response to gross human rights violations committed during World War II. Despite its development over the past seven decades, challenges and critiques remain unresolved or have subsequently emerged, particularly in the context of the International Criminal Court (ICC). Key issues include amnesties, immunities, controversial acquittals, non-cooperation, interpretative fragmentation, and cultural clashes. Criticism emerged as a reaction to the perception of impunity and the system’s underachievement. It is important to reflect on the extent to which such challenges are inherent to the system and whether they can be overcome. What is the state of international criminal justice today? What impact have these challenges had on the system’s integrity, currency, and credibility? To what extent can we prevent or remedy them? This volume brings together major contributions to the 8th AIDP Symposium for Young Penalists which was organised by the AIDP Young Penalists Committee and convened on 10 and 11 June 2021 in telematic mode, hosted by the Faculty of Law of Maastricht University.