States Responses To Issues Arising From The Icc Statute

Author : Thomas H.C. Lee
Publisher : BRILL
Page : 335 pages
File Size : 46,9 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004479838

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States' Responses to Issues Arising from the ICC Statute by Thomas H.C. Lee Pdf

This comparative study focuses on the legislative methods and techniques used in 12 countries to give effect to the International Criminal Court. The text covers both common law as well as civil law countries: Argentina; Brazil; South Africa; The Netherlands; Liechtenstein; France; Sweden; Germany; Norway; Italy; Canada; and the UK. The practice of each state forms a chapter focusing on constitutional, sovereign, and criminal issues. Two additional chapters discuss such issues now facing Japan and Mexico. The contributors focus on real issues encountered and methods and techniques actually employed with the purpose of serving as a practical guide to those countries that are still looking for methods to give effect to the Rome Statute. In each case the authors explain why certain legislative approaches were used and why others were not selected. The authors are all experts with years’ of experience in the field; most of them participated in preparing the relevant domestic laws and in the making of the Rome Statute. Published under the Transnational Publishers imprint.

Author : Jann K. Kleffner
Publisher : Oxford University Press
Page : 424 pages
File Size : 55,8 Mb
Release : 2008-12-18
Category : Law
ISBN : 9780199238453

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Complementarity in the Rome Statute and National Criminal Jurisdictions by Jann K. Kleffner Pdf

This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.

Author : Alexandre Skander Galand
Publisher : BRILL
Page : 278 pages
File Size : 48,8 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 : Julia Raue,Patrick Sutter (lic. iur.)
Publisher : Martinus Nijhoff Publishers
Page : 353 pages
File Size : 40,9 Mb
Release : 2009
Category : Law
ISBN : 9789004174030

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Facets and Practices of State-Building by Julia Raue,Patrick Sutter (lic. iur.) Pdf

Drawing on a mix of international academic and field expert work, this book presents and analyses contemporary state-building efforts. It offers studies on the theoretical and practical foundations and causes of state-building, identifies the role and responsibilities of key actors and points to vital issues which merit specific attention in state-building undertakings. The book offers lessons for the future of state-building relevant to both practitioners and the academic community.

Author : Carsten Stahn,Göran Sluiter
Publisher : BRILL
Page : 793 pages
File Size : 48,9 Mb
Release : 2009
Category : Political Science
ISBN : 9789004166554

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The Emerging Practice of the International Criminal Court by Carsten Stahn,Göran Sluiter Pdf

The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.

Author : Jann K. Kleffner
Publisher : T.M.C. Asser Press
Page : 784 pages
File Size : 52,5 Mb
Release : 2009-12-31
Category : Law
ISBN : 9067042692

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Yearbook of International Humanitarian Law - 2006 by Jann K. Kleffner Pdf

The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere, and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

Author : Oumar Ba
Publisher : Cambridge University Press
Page : 207 pages
File Size : 53,6 Mb
Release : 2020-07-02
Category : Law
ISBN : 9781108488778

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States of Justice by Oumar Ba Pdf

This book theorizes how weaker states in the international system use the ICC to advance their security and political interests.

Author : William Schabas
Publisher : Cambridge University Press
Page : 613 pages
File Size : 47,5 Mb
Release : 2017-01-26
Category : Law
ISBN : 9781107133709

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An Introduction to the International Criminal Court by William Schabas Pdf

A fifth edition introduction to the law and practice of the International Criminal Court since it became fully operational.

Author : Gabriel M. Lentner
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 41,5 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 : International Court of Justice
Publisher : Unknown
Page : 335 pages
File Size : 47,8 Mb
Release : 2018
Category : Electronic
ISBN : 9789210012560

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Bibliography of the International Court of Justice by International Court of Justice Pdf

This publication contains bibliographical details of works concerning or making reference to the International Court of Justice that were published between 2004 to 2009 and received by the Registry of the Court.

Author : Mark Klamberg
Publisher : Torkel Opsahl Academic EPublisher
Page : 819 pages
File Size : 51,9 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 : Roberto Bellelli
Publisher : Routledge
Page : 706 pages
File Size : 50,8 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317114277

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International Criminal Justice by Roberto Bellelli Pdf

This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.

Author : Ralph J. Henham,Mark Findlay
Publisher : Ashgate Publishing, Ltd.
Page : 302 pages
File Size : 51,7 Mb
Release : 2011
Category : Law
ISBN : 0754649792

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Exploring the Boundaries of International Criminal Justice by Ralph J. Henham,Mark Findlay Pdf

This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus.

Author : Florian Jeßberger,Chantal Meloni,Maria Crippa
Publisher : Taylor & Francis
Page : 285 pages
File Size : 49,7 Mb
Release : 2023-06-01
Category : Law
ISBN : 9781000886436

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Domesticating International Criminal Law by Florian Jeßberger,Chantal Meloni,Maria Crippa Pdf

This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the "Völkerstrafgesetzbuch", 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice. Following the adoption of the ICC Statute, many States, including Germany with the "Völkerstrafgesetzbuch", introduced specific legislation to incorporate international criminal law into their domestic legal systems and a considerable number of them have been investigating and prosecuting war crimes, crimes against humanity, genocide, and even aggression ever since. Twenty-five years later, however, the process is not completed as other countries, like Italy, are still working on adopting provisions on international crimes. This book opens with a broad overview of the different approaches of the domestication of international criminal law, with a specific focus on the German and the Italian systems. After an assessment of the prerequisites for the domestic implementation of international criminal law, also from a constitutional law perspective, each chapter offers an in-depth analysis of a specific issue, such as: the definition of international crimes (genocide and crimes against humanity, war crimes and aggression); the applicability of and exceptions to the general principles of domestic criminal law; the regulation of individual criminal responsibility; sanctions and sentencing; as well as procedural aspects related to immunities, jurisdiction and prosecutorial discretion. The strong academic perspective of many authors is complemented by an equally strong practitioner perspective of the others, provided by legal scholars in the highest positions in international and national judicial institutions, resulting in a well-informed and critical appraisal of the most recent developments overall in the international criminal justice system. Domesticating International Criminal Law will be of great interest to legal scholars and students, as well as practitioners with an interest in comparative and international law, international criminal law and international relations.

Author : Stephen Clarkson,Matto Mildenberger
Publisher : University of Toronto Press
Page : 377 pages
File Size : 52,9 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9781442612778

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Dependent America? by Stephen Clarkson,Matto Mildenberger Pdf

This provocative work documents how Canada and Mexico offer the United States open markets for its investments and exports, massive flows of skilled and unskilled labour, and vast resource inputs - all of which boost its size and competitiveness - more than does any other US partner. They are also Uncle Sam's most important allies in supporting its anti-terrorist and anti-narcotics security. Clarkson and Mildenberger explain the paradox of these two countries' simultaneous importance and powerlessness by showing how the US government has systematically neutralized their potential influence.