The International Criminal Court And Complementarity

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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 : 44,9 Mb
Release : 2011-10-06
Category : Law
ISBN : 9781316139509

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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.

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 : 45,6 Mb
Release : 2008
Category : Law
ISBN : 9789004166936

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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.

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 : Martinus Nijhoff Publishers
Page : 549 pages
File Size : 48,9 Mb
Release : 2008
Category : Law
ISBN : 9789004169098

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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-a-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.

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 : 53,9 Mb
Release : 2020-04-23
Category : Law
ISBN : 9781108472487

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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.

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 : 49,9 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107010789

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

"This book follows as LAW"--

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 : 46,9 Mb
Release : 2016-11-26
Category : Law
ISBN : 9783319467801

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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 International Criminal Court and Complementarity Set

Professor of International Criminal Law and Global Justice Carsten Stahn,Mohamed M. El Zeidy
The International Criminal Court and Complementarity Set Book PDF

Author : Professor of International Criminal Law and Global Justice Carsten Stahn,Mohamed M. El Zeidy
Publisher : Unknown
Page : 1326 pages
File Size : 55,5 Mb
Release : 2014-07-01
Category : Complementarity (International law)
ISBN : 1316140733

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The International Criminal Court and Complementarity Set by Professor of International Criminal Law and Global Justice Carsten Stahn,Mohamed M. El Zeidy Pdf

Analyses the interaction between the ICC and domestic jurisdictions from a multidisciplinary and situation-related perspective.

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 : OUP Oxford
Page : 424 pages
File Size : 46,6 Mb
Release : 2008-12-18
Category : Law
ISBN : 9780191553479

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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.

The International Criminal Court and National Courts

Nidal Nabil Jurdi
The International Criminal Court and National Courts Book PDF

Author : Nidal Nabil Jurdi
Publisher : Routledge
Page : 332 pages
File Size : 49,8 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317027300

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The International Criminal Court and National Courts by Nidal Nabil Jurdi Pdf

This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.

States of Justice

Oumar Ba
States of Justice Book PDF

Author : Oumar Ba
Publisher : Cambridge University Press
Page : 207 pages
File Size : 45,5 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.

Sovereignty and Justice

Mark S. Ellis
Sovereignty and Justice Book PDF

Author : Mark S. Ellis
Publisher : Cambridge Scholars Publishing
Page : 325 pages
File Size : 51,7 Mb
Release : 2014-04-23
Category : Law
ISBN : 9781443859653

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Sovereignty and Justice by Mark S. Ellis Pdf

The drafters of the ICC’s founding document, the Rome Statute, foresaw what would become the main challenge to the Court’s legitimacy: that it could violate national sovereignty. To address this concern, the drafters added the principle of complementarity to the ICC’s jurisdiction, in that the Court’s province merely complements the exercise of jurisdiction by the domestic courts of the Statute’s member states. The ICC honours the authority of those states to conduct their own trials. However, if the principle of complementarity is to be applied, states must ensure that their own judicial systems and trials are consistent with international standards of independence and fairness. In addition, for complementarity to work, the ICC must be willing to actively support, embrace, and implement the principle. If the Court holds on too tightly to a self-aggrandising view of its role in promoting international justice, then it will lose all credibility in the eyes of nation states. Finally, the international community, in calling on states to address war crimes committed within their borders, must provide the financial, technical, and professional resources that many struggling states need in this endeavour. This book sets forth several innovative recommendations to fulfil these goals so as to make future domestic war crimes courts work more effectively.

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 : 48,8 Mb
Release : 2019-11-23
Category : Law
ISBN : 9783030215262

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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.

Intersections of Law and Culture at the International Criminal Court

Julie Fraser,Brianne McGonigle Leyh
Intersections of Law and Culture at the International Criminal Court Book PDF

Author : Julie Fraser,Brianne McGonigle Leyh
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 44,8 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781839107306

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Intersections of Law and Culture at the International Criminal Court by Julie Fraser,Brianne McGonigle Leyh Pdf

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Contemporary Issues Facing the International Criminal Court

Richard H. Steinberg
Contemporary Issues Facing the International Criminal Court Book PDF

Author : Richard H. Steinberg
Publisher : Martinus Nijhoff Publishers
Page : 495 pages
File Size : 54,6 Mb
Release : 2016-04-08
Category : Law
ISBN : 9789004304451

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Contemporary Issues Facing the International Criminal Court by Richard H. Steinberg Pdf

Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: • Jurisdiction: The 2008-2009 Gaza Issue • The Obligation to Arrest in the Darfur Context • Appropriate Limitations on Oversight • The ICC and Prevention of Crimes • Reparations • Proving Mass Rape • Focus on Africa: Is the ICC Biased? • Increasing Rates of Apprehension and Arrest Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.

The African Criminal Court

Gerhard Werle,Moritz Vormbaum
The African Criminal Court Book PDF

Author : Gerhard Werle,Moritz Vormbaum
Publisher : Springer
Page : 347 pages
File Size : 44,5 Mb
Release : 2016-11-29
Category : Law
ISBN : 9789462651500

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The African Criminal Court by Gerhard Werle,Moritz Vormbaum Pdf

This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.