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Author : Martha Minow,C. Cora True-Frost,Alex Whiting
Publisher : University of Michigan Press
Page : 397 pages
File Size : 40,6 Mb
Release : 2015-04-15
Category : Law
ISBN : 9780472052516
Legal scholars and practitioners examine the role of the ICC’s first prosecutor
Author : Luc Reydams,Jan Wouters,Cedric Ryngaert
Publisher : Oxford University Press
Page : 1029 pages
File Size : 46,8 Mb
Release : 2012-05-31
Category : History
ISBN : 9780199554294
The prosecution plays a crucial part in any international war crimes trial, but its role is rarely analysed. This book will assess the work of the prosecutor in a dozen international criminal courts and tribunals, setting out the applicable rules and analysing his or her independence, accountability, and political impact.
Author : Christopher Soler
Publisher : Springer Nature
Page : 695 pages
File Size : 41,7 Mb
Release : 2019-09-18
Category : Law
ISBN : 9789462653351
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
Author : Melinda Rankin
Publisher : Cambridge University Press
Page : 267 pages
File Size : 55,6 Mb
Release : 2022-08-18
Category : Law
ISBN : 9781108498166
This book shines light on the role of 'de facto international prosecutors' as an emerging phenomenon.
Author : Farid Mohammed Rashid
Publisher : Routledge
Page : 155 pages
File Size : 49,6 Mb
Release : 2021-12-15
Category : Law
ISBN : 9781000482447
This book provides the first scholarly investigation of prosecutorial discretion in the International Criminal Court (ICC) from an interdisciplinary perspective. This work analyses the discretionary power of the ICC prosecutor and its scope. It explains that there is a tendency to overlook the necessity of distinguishing between the various usages of discretion when exercised as a power authorised by the law and effect when applying indeterminate legal thresholds. The author argues that the latter indeterminacy may give decision makers an unwarranted opportunity to exercise a wide range of discretion, where extra-legal factors may be considered. In comparison, prosecutorial discretion allows decision makers to consider extra-legal considerations. This book also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions. This book will be of interest to students of international law, global governance and international relations.
Author : Carla Del Ponte,Chuck Sudetic
Publisher : Other Press, LLC
Page : 510 pages
File Size : 44,8 Mb
Release : 2011-10-11
Category : Biography & Autobiography
ISBN : 9781590515372
Carla Del Ponte won international recognition as Switzerland's attorney general when she pursued cases against the Sicilian mafia. In 1999, she answered the United Nations' call to become the chief prosecutor of the International Criminal Tribunal for the former Yugoslavia and for Rwanda. In her new role, Del Ponte confronted genocide and crimes against humanity head-on, struggling to bring to justice the highest-ranking individuals responsible for massive acts of violence in Rwanda, Bosnia and Herzegovina, Croatia, and Kosovo. These tribunals have been unprecedented. They operate along the edge of the divide between national sovereignty and international responsibility, in the gray zone between the judicial and the political, a largely unexplored realm for prosecutors and judges. It is a realm whose native inhabitants–political leaders and diplomats, soldiers and spies–assume that they can commit the big crime without being held culpable. It is a realm crisscrossed by what Del Ponte calls the muro di gomma –"the wall of rubber"– a metaphor referring to the tactics government officials use to hide their unwillingness to confront the culture of impunity that has allowed persons responsible for acts of unspeakable, wholesale violence to escape accountability. Madame Prosecutor is Del Ponte's courageous and startling memoir of her eight years spent striving to serve justice.
Author : David M. Crane,Leila N. Sadat,Michael P. Scharf
Publisher : Cambridge University Press
Page : 185 pages
File Size : 51,5 Mb
Release : 2018-03-15
Category : Law
ISBN : 9781108424165
Focuses on the four individuals who created the world's first international tribunals and how they sought justice for millions of victims.
Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 55,6 Mb
Release : 2016-08-04
Category : Law
ISBN : 9780191082948
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Author : Jim Freedman
Publisher : University of Toronto Press
Page : 240 pages
File Size : 44,8 Mb
Release : 2017-10-31
Category : Law
ISBN : 9781487516253
A lively narrative account of the first case to appear at the International Criminal Court, A Conviction in Question documents the trial of Union of Congolese Patriots leader and warlord, Thomas Lubanga Dyilo. Although Dyilo’s crimes, including murder, rape, and the forcible conscription of child soldiers, were indisputable, legal wrangling and a clash of personalities caused the trial to be prolonged for an unprecedented six years. This book offers an accessible account of the rapid evolution of international law and the controversial trial at the foundation of the International Criminal Court. The first book to thoroughly examine Dyilo’s trial, A Conviction in Question looks at the legal issues behind each of the trial’s critical moments, including the participation of Dyilo’s victims at the trial and the impact of witness protection. Through eye-witness observation and analysis, Jim Freedman shows that the trial suffered from all the problems associated with ordinary criminal law trials, and uses Dyilo’s case to further comment on the role of international courts in a contemporary global context.
Author : Nazir Afzal
Publisher : Random House
Page : 218 pages
File Size : 55,8 Mb
Release : 2020-04-16
Category : Biography & Autobiography
ISBN : 9781473571488
The outsider who transformed our justice system Nazir Afzal knows a thing or two about justice. As a Chief Prosecutor, it was his job to make sure the most complex, violent and harrowing crimes made it to court, and that their perpetrators were convicted. From the Rochdale sex ring to the earliest prosecutions for honour killing and modern slavery, Nazir was at the forefront of the British legal system for decades. But his story begins in Birmingham, in the sixties, as a young boy facing racist violence and the tragic death of a young family member - and it's this that sets him on the path to his groundbreaking career, and which enables him to help communities that the conventional justice system ignores, giving a voice to the voiceless. A memoir of struggle and survival as well as crime and punishment, The Prosecutor is both a searing insight into the justice system and a powerful story of one man's pursuit of the truth.
Author : Preet Bharara
Publisher : Vintage
Page : 368 pages
File Size : 52,9 Mb
Release : 2019-03-19
Category : Political Science
ISBN : 9780525521136
*A New York Times Bestseller* An important overview of the way our justice system works, and why the rule of law is essential to our survival as a society—from the one-time federal prosecutor for the Southern District of New York, and host of the Doing Justice podcast. Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, he argues, we must also acknowledge and allow for flaws both in our justice system and in human nature. Bharara uses the many illustrative anecdotes and case histories from his storied, formidable career—the successes as well as the failures—to shed light on the realities of the legal system and the consequences of taking action. Inspiring and inspiringly written, Doing Justice gives us hope that rational and objective fact-based thinking, combined with compassion, can help us achieve truth and justice in our daily lives. Sometimes poignant and sometimes controversial, Bharara's expose is a thought-provoking, entertaining book about the need to find the humanity in our legal system as well as in our society.
Author : Luis Moreno Ocampo,Luis Gabriel Moreno Ocampo
Publisher : Oxford University Press
Page : 649 pages
File Size : 50,5 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 : Charles Chernor Jalloh,Alhagi B.M. Marong
Publisher : BRILL
Page : 657 pages
File Size : 51,5 Mb
Release : 2015-07-16
Category : Law
ISBN : 9789004271753
Promoting Accountability under International Law for Gross Human Rights Violations in Africa reflects primarily upon the work of the International Criminal Tribunal for Rwanda in challenging impunity for serious crimes committed in Rwanda in 1994. The authors, among whom are leading scholars and practitioners of international law, draw lessons for future tribunals such as the permanent International Criminal Court.
Author : John Bobo
Publisher : Tower Publishing Company
Page : 0 pages
File Size : 41,5 Mb
Release : 2010
Category : Criminal justice, Administration of
ISBN : 1932056955
Real advice for new & experienced prosecutors from an author that has lived the District Attorney's life.
Author : Gary Bellow,Martha Minow
Publisher : University of Michigan Press
Page : 246 pages
File Size : 53,9 Mb
Release : 1998-05-11
Category : Law
ISBN : 0472085190
Accounts of law problems and the way they were handled, written by the responsible lawyers