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Author : Sarah M. H. Nouwen
Publisher : Cambridge University Press
Page : 529 pages
File Size : 41,7 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107010789
"This book follows as LAW"--
Author : Sarah M. H. Nouwen
Publisher : Cambridge University Press
Page : 529 pages
File Size : 41,6 Mb
Release : 2013-06-27
Category : Law
ISBN : 9781107433946
Of the many expectations attending the creation of the first permanent International Criminal Court, the greatest has been that the principle of complementarity would catalyse national investigations and prosecutions of conflict-related crimes and lead to the reform of domestic justice systems. Sarah Nouwen explores whether complementarity has had such an effect in two states subject to ICC intervention: Uganda and Sudan. Drawing on extensive empirical research and combining law, legal anthropology and political economy, she unveils several effects and outlines the catalysts for them. However, she also reveals that one widely anticipated effect – an increase in domestic proceedings for conflict-related crimes – has barely occurred. This finding leads to the unravelling of paradoxes that go right to the heart of the functioning of an idealistic Court in a world of real constraints.
Author : Sarah M. H. Nouwen
Publisher : Unknown
Page : 530 pages
File Size : 49,8 Mb
Release : 2013
Category : Complementarity (International law)
ISBN : 1107416434
Examines the impact of the Rome Statute's complementarity principle on two states in which the International Criminal Court has intervened.
Author : Sarah M. H. Nouwen
Publisher : Unknown
Page : 505 pages
File Size : 49,9 Mb
Release : 2013
Category : Complementarity (International law)
ISBN : 1107423937
Examines the impact of the Rome Statute's complementarity principle on two states in which the International Criminal Court has intervened.
Author : Lukasz Gruszczynski,Wouter Werner
Publisher : OUP Oxford
Page : 400 pages
File Size : 55,9 Mb
Release : 2014-10-09
Category : Law
ISBN : 9780191026508
International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.
Author : Philipp Kastner
Publisher : Routledge
Page : 346 pages
File Size : 55,6 Mb
Release : 2017-10-20
Category : Law
ISBN : 9781317198994
International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
Author : Luis Moreno Ocampo,Luis Gabriel Moreno Ocampo
Publisher : Oxford University Press
Page : 649 pages
File Size : 51,6 Mb
Release : 2022
Category : Prosecution (International law)
ISBN : 9780197628973
"This book is a case study of my nine-year practice as the first Chief Prosecutor of the International Criminal Court (ICC). It presents the functioning of the autonomous criminal justice system created by the Rome Statute. The book depicts the Rome Statute operations, its interaction with the War on Terror, and their relationship with national legal systems and the UN Security Council. It comments on regional organizations, including the mechanisms to protect human rights established during the fifties in Europe, after in the Americas, and more recently in Africa"--
Author : Dimitris Liakopoulos
Publisher : GRIN Verlag
Page : 383 pages
File Size : 46,6 Mb
Release : 2019-04-01
Category : Law
ISBN : 9783668912151
Document from the year 2019 in the subject Law - European and International Law, Intellectual Properties, Tufts University, language: English, abstract: The focus of this book is the analysis of male sexual crimes in international criminal justice. The first part of the present research work is focused on the legal analysis of the relevant articles of international criminal court's Statute regarding the obligation of cooperation between states for the punishment of serious crimes against humanity and war. Judicial development, starting with the ad hoc tribunals and arriving at causes at various stages of proceedings still ongoing in the International Criminal Court (ICC), opens doctrinal and comparative national debates especially in the case of lacking states cooperation, seeking to elaborate specific topics such as the obligation of states cooperation, requests for assistance during preliminary investigations,during inquires, and confidential information. Court assistance to states parties participating in the Statute, suspending the execution of a request, the role of the prosecutor and the non-assistance of some states impede the development and operation of international criminal justice. The second part has attempted to analyze sexual crimes and especially the crime of male rape.The jurisprudence of international criminal tribunals and the ICC have tried to qualify rapeeither as a crime of genocide in the form of serious and physical injuries, even if notnecessarily permanent (lett.b) Art.6 of the Rome Statute; or as a crime against humanity wherethere are elements of context and above all material elements that emerge from the defenitionsgiven by the ad hoc tribunals and the elements of crimes; or even as a war crime in case it isimplemented to that of sexual violence, according to a geneder specific relationship tospeciem. Judges through the jurisprudence have included in this context any conduct of asexual type of aggression to human dignity that does not consist in an act of penetration andthat does not involve physical contract. The contrasts are always open. Due to the lack ofdealing with a "particular" crime and difficult to prove it or testify before an internationalcourt. The indication on the level of gravity of the crime is necessary for the relevance ofsexual violence and rape as crimes against humanity that we will see in the coming years.
Author : Henrietta Moore,Todd Sanders,Bwire Kaare
Publisher : Routledge
Page : 229 pages
File Size : 55,8 Mb
Release : 2020-08-20
Category : History
ISBN : 9781000322996
Whether initiating girls or healing cattle, bringing rain or protesting taxation, many in Africa share a vision of a world where the cultural, symbolic and cosmic categories of 'male' and 'female' serve, through ritual, to both reimagine and transform the world. Those Who Play With Fire introduces recent gender theory to the analysis of African ethnography, exploring the ways in which ideational gender categories permeate African systems of thought and ritual practices. Thus, the book provides a powerful framework with which to evaluate previous ethnographic material on Africa. In addition, Those Who Play With Fire presents a broad range of new case studies - of hunter-gatherers, agriculturalists and pastoralists - revealing the varied and complex ways in which African ideas and ideals of what it means to be 'male' and 'female' broadly inform and give meaning to a wide range of transformative rituals.
Author : Kitty Ferguson
Publisher : Templeton Foundation Press
Page : 335 pages
File Size : 55,5 Mb
Release : 2004-06-08
Category : Religion
ISBN : 9781932031676
Heralded for its readability and scholarship, The Fire in the Equations offers a fascinating discussion of scientific discoveries and their impact on our beliefs. The book's title is derived from Dr. Stephen Hawking's pondering, "What is it that breathes fire into the equations and makes a universe for them to describe?"
Author : Steve Mullinax,Jack Melton
Publisher : Unknown
Page : 80 pages
File Size : 46,8 Mb
Release : 2006-01-01
Category : Electronic
ISBN : 1577471202
Author : Christian M. De Vos
Publisher : Cambridge University Press
Page : 389 pages
File Size : 42,5 Mb
Release : 2020-04-23
Category : Law
ISBN : 9781108472487
Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.
Author : Jennifer LaBrecque
Publisher : Unknown
Page : 431 pages
File Size : 45,6 Mb
Release : 2011
Category : Electronic
ISBN : 1743063253
Author : Jeff Maguire
Publisher : Unknown
Page : 246 pages
File Size : 47,9 Mb
Release : 1995
Category : Electronic
ISBN : OCLC:221533978
Author : Donald Hamilton
Publisher : Unknown
Page : 192 pages
File Size : 54,6 Mb
Release : 1955
Category : Popular literature
ISBN : LCCN:55007511