The International Criminal Court And National Courts

Author : Nidal Nabil Jurdi
Publisher : Routledge
Page : 332 pages
File Size : 48,6 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.

Author : Federica Gioia
Publisher : Routledge
Page : 192 pages
File Size : 52,7 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351887564

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The International Criminal Court and National Jurisdictions by Federica Gioia Pdf

At a stage in its development when the workings of the International Criminal Court may be assessed, this timely volume provides valuable insights into its activities and, in particular, its interaction with national jurisdictions and international organizations. The contributors discuss a broad range of topics and present a 'first assessment' of complementarity. They address the issues at the heart of the substantive and procedural law of the Court and examine aspects relating to national implementation and international cooperation. These proceedings are the latest addition to the Trento Conference series, bringing together a wide range of leading scholars, diplomats and representatives of international organizations. As such, they provide an important contribution to the ongoing debate surrounding International Criminal Law and the International Criminal Court in particular. This thought-provoking study will be of value to researchers and policy makers alike.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 44,9 Mb
Release : 2007
Category : Electronic
ISBN : OCLC:733448856

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The International Criminal Court and National Courts by Anonim Pdf

This book analyzes the position of the ICC in relation to national court systems, illustrating that its relationship with the national courts under the complementarity mechanism, is much more complex in practice. It brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation and will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.

Author : Jo Stigen
Publisher : BRILL
Page : 548 pages
File Size : 49,7 Mb
Release : 2008-07-25
Category : Law
ISBN : 9789047431749

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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-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.

Author : Linda E. Carter,Mark S. Ellis,Charles Chernor Jalloh
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 55,8 Mb
Release : 2016-11-25
Category : Electronic
ISBN : 9781784719821

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The International Criminal Court in an Effective Global Justice System by Linda E. Carter,Mark S. Ellis,Charles Chernor Jalloh Pdf

International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.

Author : Bert Swart,A. H. J. Swart,Alexander Zahar,Göran Sluiter
Publisher : Oxford University Press
Page : 585 pages
File Size : 42,6 Mb
Release : 2011-05-19
Category : Law
ISBN : 9780199573417

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The Legacy of the International Criminal Tribunal for the Former Yugoslavia by Bert Swart,A. H. J. Swart,Alexander Zahar,Göran Sluiter Pdf

The most prolific international criminal court to date, the International Criminal Tribunal for the Former Yugoslavia had a broad impact on international law, human rights, the creation of the International Criminal Court, and the rule of law in the former Yugoslavia. In this book a group of leading experts take stock of its performance and legacy.

Author : Gabrielle Kirk MacDonald,Olivia Q. Swaak-Goldman
Publisher : BRILL
Page : 730 pages
File Size : 45,8 Mb
Release : 2000-03
Category : Law
ISBN : 9041111336

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Substantive and procedural aspects of international criminal law. 1. Commentary by Gabrielle Kirk MacDonald,Olivia Q. Swaak-Goldman Pdf

Vol. II, Part 1.

Author : W. N. Ferdinandusse
Publisher : T.M.C. Asser Press
Page : 338 pages
File Size : 48,7 Mb
Release : 2011-08-27
Category : Law
ISBN : 9067047082

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Direct Application of International Criminal Law in National Courts by W. N. Ferdinandusse Pdf

Author : Flavia Lattanzi,William Schabas
Publisher : © Editrice il Sirente
Page : 546 pages
File Size : 45,6 Mb
Release : 1999-01-01
Category : Law
ISBN : 9788887847000

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Essays on the Rome Statute of the International Criminal Court by Flavia Lattanzi,William Schabas Pdf

Author : Gabrielle Kirk McDonald
Publisher : BRILL
Page : 2506 pages
File Size : 46,6 Mb
Release : 2000-03-01
Category : Law
ISBN : 9041111344

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Substantive and Procedural Aspects of International Criminal Law by Gabrielle Kirk McDonald Pdf

This unique two-volume work seeks for the first time to address in a comprehensive fashion both "substantive" and "procedural" aspects of international criminal law as applied by international and national courts. Substantive topics include individual criminal responsibility, genocide, war crimes, crimes against humanity, crimes against UN and associated personnel, core crimes and defenses, while procedural aspects include the right of suspects and accused, the protection of victims and witnesses, and pre-trial, trial and appeal procedures and practices. In addressing these subjects the work focuses on the practical application of the relevant norms and provides both detailed commentaries by experts in the field "(Commentary volume)," as well as the underlying documentation for each of the topics addressed "(Documents and Cases volume)," With the establishment of the International Criminal Court, the experiences of other international courts, notably the ad hoc tribunals for the former Yugoslavia and Rwanda as well as their predecessors, in addressing these issues are of great value and this work is intended to assist practitioners and scholars alike. Additionally, because national courts still have a vital role to play in the application of these norms, attention is given to prosecutions in national jurisdictions. With this work the editors seek both to assist the reader in understanding these important concepts as well as to provide the background documentation such that the reader can conduct his or her own research and come to his or her own conclusions.

Author : Sarah B. Sewall,Carl Kaysen
Publisher : Rowman & Littlefield
Page : 286 pages
File Size : 51,7 Mb
Release : 2000
Category : Law
ISBN : 0742501353

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The United States and the International Criminal Court by Sarah B. Sewall,Carl Kaysen Pdf

American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century. The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena. Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.

Author : Geert-Jan Knoops
Publisher : BRILL
Page : 445 pages
File Size : 48,9 Mb
Release : 2021-10-01
Category : Law
ISBN : 9789004479616

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Surrendering to International Criminal Courts: Contemporary Practice and Procedures by Geert-Jan Knoops Pdf

This innovative book provides an incisive, knowledgeable and comprehensive study of the promises and limitations of the emerging phenomenon of surrender of individuals to international criminal courts, such as the International Criminal Court of the Former Yugoslavia (ICTY), the International Criminal Court of Rwanda (ICTR), and the International Criminal Court (ICC). It is the first study on this area. The author analyses the distinctions and similarities with international extradition norms and persuasively establishes the international legal confinements of the surrender concept and the role of states and NATO-forces within this concept. In developing an international uniform framework for the surrender of individuals to international criminal courts, the author meticulously examines the Statutes of the ICTY, ICTR and ICC as well as their case law on this subject in conjunction with that of the European Court of Human Rights. Published under the Transnational Publishers imprint.

Author : William J. Driscoll,Joseph P. Zompetti,Suzette Zompetti
Publisher : IDEA
Page : 290 pages
File Size : 41,8 Mb
Release : 2004
Category : Law
ISBN : 0972054146

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The International Criminal Court by William J. Driscoll,Joseph P. Zompetti,Suzette Zompetti Pdf

Annotation The Nuremberg Trials at the end of World War II established the principle that individual leaders could be held responsible for "crimes against humanity." Although various ad hoc tribunals were held in the last half of the 20th century, it was not until 2002 that a permanent international court was established, under the auspices, of the United Nations. The international Criminal Court has been controversial with many key nations most notably, the United States refusing to ratify the treaty establishing the court. Some critics object to the adoption of a judicial system that seems to supersede national judicial systems; others fear that the court will be used to pursue narrow political ends. This book will comprise three sections: the first will examine the history of the creation of the court; the second will contain articles that outline objections to the court; the third will contain articles defending and promoting the court. The authors include primary sources on both sides of the controversy, with special attention to America's involvement. A glossary of key terms, and the text of the Rome Statute establishing the court will also be included.

Author : Stephen Macedo
Publisher : University of Pennsylvania Press
Page : 398 pages
File Size : 47,7 Mb
Release : 2006-02-22
Category : Law
ISBN : 0812219503

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Universal Jurisdiction by Stephen Macedo Pdf

Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.

Author : Devasheesh Bais
Publisher : Torkel Opsahl Academic EPublisher
Page : 4 pages
File Size : 41,6 Mb
Release : 2016-04-08
Category : Law
ISBN : 9788283480337

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India and the International Criminal Court by Devasheesh Bais Pdf