The Complementarity Regime Of The International Criminal Court

The Complementarity Regime Of The International Criminal Court Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Complementarity Regime Of The International Criminal Court book. This book definitely worth reading, it is an incredibly well-written.

The Complementarity Regime of the International Criminal Court

Ovo Catherine Imoedemhe
The Complementarity Regime of the International Criminal Court Book PDF

Author : Ovo Catherine Imoedemhe
Publisher : Springer
Page : 229 pages
File Size : 46,7 Mb
Release : 2016-11-26
Category : Law
ISBN : 9783319467801

Get Book

The Complementarity Regime of the International Criminal Court by Ovo Catherine Imoedemhe Pdf

This book analyses how the complementarity regime of the ICC’s Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’ or ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.

The Principle of Complementarity in International Criminal Law

Mohamed M. El Zeidy
The Principle of Complementarity in International Criminal Law Book PDF

Author : Mohamed M. El Zeidy
Publisher : BRILL
Page : 401 pages
File Size : 44,9 Mb
Release : 2008
Category : Law
ISBN : 9789004166936

Get Book

The Principle of Complementarity in International Criminal Law by Mohamed M. El Zeidy Pdf

Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.

Complementarity, Catalysts, Compliance

Christian M. De Vos
Complementarity Catalysts Compliance Book PDF

Author : Christian M. De Vos
Publisher : Cambridge University Press
Page : 389 pages
File Size : 46,5 Mb
Release : 2020-04-23
Category : Law
ISBN : 9781108472487

Get Book

Complementarity, Catalysts, Compliance by Christian M. De Vos Pdf

Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.

The Relationship between the International Criminal Court and National Jurisdictions

Jo Stigen
The Relationship between the International Criminal Court and National Jurisdictions Book PDF

Author : Jo Stigen
Publisher : BRILL
Page : 548 pages
File Size : 48,8 Mb
Release : 2008-07-25
Category : Law
ISBN : 9789047431749

Get Book

The Relationship between the International Criminal Court and National Jurisdictions by Jo Stigen Pdf

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.

The International Criminal Court and Complementarity

Carsten Stahn,Mohamed M. El Zeidy
The International Criminal Court and Complementarity Book PDF

Author : Carsten Stahn,Mohamed M. El Zeidy
Publisher : Cambridge University Press
Page : 1293 pages
File Size : 43,7 Mb
Release : 2011-10-06
Category : Law
ISBN : 9781316139509

Get Book

The International Criminal Court and Complementarity by Carsten Stahn,Mohamed M. El Zeidy Pdf

This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.

Feminist Engagement with International Criminal Law

Eithne Dowds
Feminist Engagement with International Criminal Law Book PDF

Author : Eithne Dowds
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 40,9 Mb
Release : 2020-01-23
Category : Law
ISBN : 9781509921911

Get Book

Feminist Engagement with International Criminal Law by Eithne Dowds Pdf

This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.

Complementarity in the Rome Statute and National Criminal Jurisdictions

Jann K. Kleffner
Complementarity in the Rome Statute and National Criminal Jurisdictions Book PDF

Author : Jann K. Kleffner
Publisher : Oxford University Press
Page : 424 pages
File Size : 48,7 Mb
Release : 2008-12-18
Category : Law
ISBN : 9780199238453

Get Book

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.

Complementarity in the Line of Fire

Sarah M. H. Nouwen
Complementarity in the Line of Fire Book PDF

Author : Sarah M. H. Nouwen
Publisher : Cambridge University Press
Page : 529 pages
File Size : 47,9 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107010789

Get Book

Complementarity in the Line of Fire by Sarah M. H. Nouwen Pdf

"This book follows as LAW"--

Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes

Morten Bergsmo
Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes Book PDF

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
Page : 314 pages
File Size : 40,8 Mb
Release : 2010-08-01
Category : Law
ISBN : 9788293081142

Get Book

Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes by Morten Bergsmo Pdf

This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.

Rome Statute of the International Criminal Court

Kai Ambos,Otto Triffterer
Rome Statute of the International Criminal Court Book PDF

Author : Kai Ambos,Otto Triffterer
Publisher : Unknown
Page : 353 pages
File Size : 40,5 Mb
Release : 2016
Category : Rome Statute of the International Criminal Court
ISBN : 1849469989

Get Book

Rome Statute of the International Criminal Court by Kai Ambos,Otto Triffterer Pdf

"On 1st July 2008, the Rome Statute of the International Criminal Court entered into force enabling the ICC, as laid down in the Preamble to the Statute, to affirm "that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international cooperation". In the second edition of their Commentary, Otto Triffterer and a number of eminent legal practitioners and scholars in the field of international criminal law give a detailed article-by-article analysis of both the Statute as well as the "Elements of Crime" and the "Rules of Procedure and Evidence", adopted by the Assembly of States Parties in 2002, and the "Regulations of the Court", adopted by the Judges of the ICC in 2004. The second edition is a substantially revised and significantly amended version of the first edition of 1999, considering the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) as well as other international, "semi-international" or national courts and the relevant literature since 1999. The Commentary will be an invaluable aid to all practitioners and scholars dealing with the Rome Statute and the jurisdiction established by its "Complementarity Regime"."--Bloomsbury Publishing.

The Diversification and Fragmentation of International Criminal Law

Larissa van den Herik,Carsten Stahn
The Diversification and Fragmentation of International Criminal Law Book PDF

Author : Larissa van den Herik,Carsten Stahn
Publisher : Martinus Nijhoff Publishers
Page : 735 pages
File Size : 54,7 Mb
Release : 2012
Category : Law
ISBN : 9789004214590

Get Book

The Diversification and Fragmentation of International Criminal Law by Larissa van den Herik,Carsten Stahn Pdf

This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Commentary on the Rome Statute of the International Criminal Court

Otto Triffterer,Kai Ambos
Commentary on the Rome Statute of the International Criminal Court Book PDF

Author : Otto Triffterer,Kai Ambos
Publisher : Hart Publishing Limited
Page : 1954 pages
File Size : 50,6 Mb
Release : 2008-01-01
Category : Criminal jurisdiction
ISBN : 3832909273

Get Book

Commentary on the Rome Statute of the International Criminal Court by Otto Triffterer,Kai Ambos Pdf

On July 1, 2008, the Rome Statute of the International Criminal Court (ICC) entered into force, enabling the ICC - as laid down in the Preamble to the Statute - to affirm "that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international cooperation." In this second edition commentary, Otto Triffterer and a number of eminent legal practitioners and scholars in the field of international criminal law give a detailed article-by-article analysis of both the Statute as well as the "Elements of Crime" and the "Rules of Procedure and Evidence," adopted by the Assembly of States Parties in 2002, and the "Regulations of the Court," adopted by the Judges of the ICC in 2004. This substantially revised and significantly amended version considers the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR); other international, "semi-international," or national courts; and the relevant literature since the publication of the first edition in 1999. This book has been selected in 2009 to receive the prestigious ASIL Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars.

The Jurisdiction of the International Criminal Court

Victor Tsilonis
The Jurisdiction of the International Criminal Court Book PDF

Author : Victor Tsilonis
Publisher : Springer Nature
Page : 292 pages
File Size : 49,9 Mb
Release : 2019-11-23
Category : Law
ISBN : 9783030215262

Get Book

The Jurisdiction of the International Criminal Court by Victor Tsilonis Pdf

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.

Prosecuting International Crimes

Robert Cryer
Prosecuting International Crimes Book PDF

Author : Robert Cryer
Publisher : Cambridge University Press
Page : 393 pages
File Size : 52,9 Mb
Release : 2005-06-30
Category : Law
ISBN : 9781139443692

Get Book

Prosecuting International Crimes by Robert Cryer Pdf

This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.

The Law and Practice of the International Criminal Court

Carsten Stahn
The Law and Practice of the International Criminal Court Book PDF

Author : Carsten Stahn
Publisher : Oxford University Press, USA
Page : 1441 pages
File Size : 55,5 Mb
Release : 2015
Category : Law
ISBN : 9780198705161

Get Book

The Law and Practice of the International Criminal Court by Carsten Stahn Pdf

The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.