The International Criminal Court And The Transformation Of International Law

Author : Leila Nadya Sadat
Publisher : International and Comparative
Page : 592 pages
File Size : 48,8 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105060996977

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The International Criminal Court and the Transformation of International Law by Leila Nadya Sadat Pdf

Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.

Author : Max Hilaire
Publisher : Logos Verlag Berlin GmbH
Page : 295 pages
File Size : 44,7 Mb
Release : 2021-12-17
Category : Law
ISBN : 9783832553500

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The Evolution and Transformation of International Law by Max Hilaire Pdf

Developments in International Law, from the Peace of Westphalia to the Post-United Nations Charter

Author : Dinah Shelton
Publisher : Oxford University Press
Page : 749 pages
File Size : 50,8 Mb
Release : 2011-09-29
Category : Law
ISBN : 9780199694907

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International Law and Domestic Legal Systems by Dinah Shelton Pdf

By providing a systematic analysis of how international law is incorporated and implemented in over two dozen states, this book analyzes how the international order and national legal systems interact with each other. It highlights the mutual influence of international and domestic legal systems and how changes in each are modifying the other.

Author : Mark Findlay
Publisher : Routledge
Page : 296 pages
File Size : 43,5 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317137160

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Exploring the Boundaries of International Criminal Justice by 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. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

Author : Cenap Çakmak
Publisher : Routledge
Page : 145 pages
File Size : 49,6 Mb
Release : 2021-09-12
Category : Political Science
ISBN : 9781000430554

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Institutional Change and the International Criminal Court by Cenap Çakmak Pdf

This book explores the dynamics and trajectories of change in international politics through an English School analysis of primary institutions including international law, sovereignty and diplomacy, with particular reference to the creation of the International Criminal Court (ICC). The study argues that it serves as an important indicator and model for redefining international politics, particularly through its impact upon three major institutions as prescribed by the English School: international law, sovereignty and diplomacy. The author explores three major areas: the ICC’s contribution to the consolidation of the individual as a subject of the international law; the significance of the Court and its jurisdiction in terms of the state sovereignty; and the strong and determinative role of non-state actors active on global level during the diplomatic process upheld for the making of the norms and rules during the creation of the ICC. These three fields of change, point out to the redefinition and reconstruction of international politics, heralding a solidarist vision of international society. The book will be of particular interest to researchers in the field of the IR, as well as graduate students interested in IR theory, international law, and international organizations.

Author : Carsten Stahn,Göran Sluiter
Publisher : BRILL
Page : 793 pages
File Size : 42,9 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 : William Schabas
Publisher : Cambridge University Press
Page : 566 pages
File Size : 49,6 Mb
Release : 2007-10-18
Category : Law
ISBN : 0521707544

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An Introduction to the International Criminal Court by William Schabas Pdf

The International Criminal Court ushers in a new era in the protection of human rights. The Court will prosecute genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. This third revised edition considers the initial rulings by the Pre-Trial Chambers and the Appeals Chamber, and the cases it is prosecuting, namely, Democratic Republic of Congo, northern Uganda, Darfur, as well as those where it had decided not to proceed, such as Iraq. The law of the Court up to and including its ruling on a confirmation hearing, committing Chalres Lubanga for trial on child soldiers offences, is covered. It also addresses the difficulties created by US opposition, analysing the ineffectiveness of measures taken by Washington to obstruct the Court, and its increasing recognition of the inevitability of the institution.

Author : Mark J. Findlay,Ralph Henham
Publisher : Taylor & Francis
Page : 465 pages
File Size : 53,5 Mb
Release : 2005-06
Category : Social Science
ISBN : 9781317436690

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Transforming International Criminal Justice by Mark J. Findlay,Ralph Henham Pdf

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

Author : Sarah B. Sewall,Carl Kaysen
Publisher : Rowman & Littlefield Publishers
Page : 284 pages
File Size : 51,7 Mb
Release : 2000-08-28
Category : Law
ISBN : 9781461645962

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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 : M. Cherif Bassiouni,William A. Schabas
Publisher : International and Comparative
Page : 616 pages
File Size : 48,9 Mb
Release : 2005
Category : Law
ISBN : 1571051562

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The Legislative History of the International Criminal Court by M. Cherif Bassiouni,William A. Schabas Pdf

This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the preparatory Commission (1998-2000). Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This documentation constitutes the most comprehensive treatment available of the ICC's applicable law. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC. Each article of the Rome Statute is presented chronologically, along with all its prior versions. These versions comprise the texts transmitted between the Drafting Committee and the Committee of the Whole at the Rome Diplomatic Conference; the text proposed by the 1998 Preparatory Committee on the Establishment of an ICC; the text completed by the Intersessional meeting in Zutphen; the text proposed by the 1995 Ad Hoc Committee on the Establishment of an International Criminal Court; the text proposed by the International Law Commission in 1994. It also contains government proposals made during the 1995-1998 sessions of the Ad Hoc and Preparatory Committees, most of which have not been made public documents. This organization of the legislative history permits the reader to see the complete textual evolution of each article. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this three-volume publication unmatched for completeness and ease of use. Published under the Transnational Publishers imprint.

Author : Notburga K. Calvo-Goller
Publisher : BRILL
Page : 593 pages
File Size : 44,9 Mb
Release : 2006
Category : Law
ISBN : 9789004149311

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The Trial Proceedings Of The International Criminal Court by Notburga K. Calvo-Goller Pdf

Contains the trial proceedings of the International Criminal Court, the ICTY and the ICTR in one single volume. This book covers the procedural and evidentiary aspects of the trials before the ICC from the beginning of an investigation until the time the convict has served the sentence and it includes ICTY and ICTR precedents.

Author : Dominic McGoldrick,Peter Rowe,Eric Donnelly
Publisher : Bloomsbury Publishing
Page : 516 pages
File Size : 45,6 Mb
Release : 2004-03-30
Category : Law
ISBN : 9781847312112

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The Permanent International Criminal Court by Dominic McGoldrick,Peter Rowe,Eric Donnelly Pdf

The idea of an International Criminal Court has captured the international legal imagination for over a century. In 1998 it became a reality with the adoption of the Rome Statute. This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law,the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts involved in negotiating the ICC Statute, the general principles of legality, the scope of defences, evidential dilemmas, the perspective of victims, the nature and scope of the offences within the ICC's jurisdiction – aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction, the principle of complementarity, national implementation of the Statute in a range of jurisdictions, and national and international responses to the ICC. The expert contributors are drawn from a range of national jurisdictions – UK, Sweden, Canada, and Australia. The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute.

Author : Mark Klamberg
Publisher : Torkel Opsahl Academic EPublisher
Page : 819 pages
File Size : 55,5 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 : Morten Bergsmo,Emiliano J. Buis
Publisher : Torkel Opsahl Academic EPublisher
Page : 340 pages
File Size : 44,7 Mb
Release : 2019-02-21
Category : Law
ISBN : 9788283481204

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Philosophical Foundations of International Criminal Law by Morten Bergsmo,Emiliano J. Buis Pdf

Author : Roy S. K. Lee
Publisher : Martinus Nijhoff Publishers
Page : 698 pages
File Size : 50,5 Mb
Release : 1999-09-06
Category : Political Science
ISBN : 904111212X

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The International Criminal Court by Roy S. K. Lee Pdf

Law, Roy S. Lee.