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Author : Pavel Šturma
Publisher : BRILL
Page : 266 pages
File Size : 51,7 Mb
Release : 2019-01-03
Category : Law
ISBN : 9789004387553
This edited volume presents the most up to date topics of international criminal law and discusses possible future developments of the Rome Statute and the International Criminal Court.
Author : Young Sok Kim
Publisher : Unknown
Page : 128 pages
File Size : 47,5 Mb
Release : 2019
Category : Crimes against humanity (International law)
ISBN : 0837741025
In 2018, Member States celebrated the 20th anniversary of the Rome Statute. As one of the Korean delegates to the Rome Conference in 1998 that established the International Criminal Court, the author is intimately familiar with matters related to its formation and subsequent development. This work, a leading authority for the practice and procedure of the ICC, addresses a host of difficult and common questions about the court and records legislative histories of important articles of the ICC Statute. Since publication of the first edition in 2007, there have been many important developments regarding the ICC. This new edition covers amendments to the Rome Statute that were adopted with respect to war crimes and the crime of aggression, which give the court jurisdiction over the most serious crimes of concern to the international community as a whole. It also includes important case law of the ICC.--Publisher.
Author : Gerhard Werle,Andreas Zimmermann
Publisher : Springer
Page : 174 pages
File Size : 45,5 Mb
Release : 2019-06-29
Category : Law
ISBN : 9789462653030
The chapters in this book are reworkings of presentations given during a conference held in 2018 at the German Embassy to the Netherlands in The Hague on the occasion of the 20th anniversary of the adoption of the Rome Statute. They provide an in-depth analysis of major points of contention the International Criminal Court (ICC) is currently facing, such as, inter alia, head of state immunities, withdrawal from the Rome Statute, the exercise of jurisdiction vis-à-vis third-party nationals, the activation of the Court’s jurisdiction regarding the crime of aggression, as well as the relationship of the Court with both the Security Council and the African Union, all of which are issues that have a continued relevance and carry a particular controversy. The collection provides insights from both practitioners, including judges of the ICC, and diplomats who participated in the negotiations leading to the adoption of the Rome Statute, as well as well-known academics from various parts of the world working in the field of international criminal law. The aim of the book is not only to inform and stimulate academic debate on the topic, but also to serve as an instrument for lawyers involved in the practice of international criminal law. Gerhard Werle is Professor at the Faculty of Law of the Humboldt-University in Berlin, Germany and Andreas Zimmermann is Professor at the Faculty of Law of the University of Potsdam in Germany. Jürgen Bering, who worked on this book as assistant editor, is an Associate at Dentons, Berlin and a PhD candidate at the Martin Luther University, Halle-Wittenberg, Germany.
Author : Mauro Politi
Publisher : Routledge
Page : 332 pages
File Size : 53,5 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351540759
This book focuses on the Statute of the International Criminal Court, gathering contributions by leading scholars and diplomats. It examines the main features of the Statute, highlighting its strengths and weaknesses, the role of the ICC in the international protection of human rights and the impact of the ICC Statute on the international criminal justice system. It also offers an evaluation of the prospect for the functioning of the ICC in the future.
Author : Richard H. Steinberg
Publisher : BRILL
Page : 394 pages
File Size : 50,8 Mb
Release : 2020-07-20
Category : Law
ISBN : 9789004384095
The International Criminal Court: Contemporary Challenges and Reform Proposals 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: - Sexual and Gender-Based Violence: Obtaining Evidence - Outreach: Challenges Communicating with Victims, Witnesses, and Others - ICC State Party Withdrawals - Measuring the ICC’s Performance - The Crime of Aggression: Scope and Anticipated Difficulties - The Rome Statute at Twenty: Reform Proposals
Author : Knut Dörmann
Publisher : Cambridge University Press
Page : 588 pages
File Size : 45,8 Mb
Release : 2003-03-27
Category : Law
ISBN : 1139436546
The Elements of War Crimes will assist the International Criminal Court (ICC) in the interpretation and application of the articles of the ICC Statute defining the crimes under its jurisdiction. These will not only be necessary for the future work of the ICC in interpreting the crimes provisions, but also for national courts, which have primary responsibility in the prosecution of international crimes under the Rome Statute. This commentary provides a critical insight into the travaux préparatoires of the Preparatory Commission leading to the adoption of the elements of war crimes. It contains an analysis of existing case law related to each war crime in the Statute. It will provide States, judges, prosecutors and international and national lawyers with key background information to implement international humanitarian law in future cases dealing with war crimes under the ICC. A unique, indispensable tool for prosecuting and defense lawyers working in international criminal law.
Author : Kai Ambos,Otto Triffterer
Publisher : Unknown
Page : 353 pages
File Size : 48,8 Mb
Release : 2016
Category : Rome Statute of the International Criminal Court
ISBN : 1849469989
"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.
Author : Philipp Meissner
Publisher : Lit Verlag
Page : 134 pages
File Size : 43,7 Mb
Release : 2005
Category : History
ISBN : UOM:39015069355868
"The United States' opposition to the International Criminal Court (ICC) has developed into the epitome of fierce controversy concerning the international legal order in the 21st century. This volume represents an analysis of both the legal objections asserted by the involved U.S. administrations as well as a set of political motives the author considers likely to underlie their opposition. Fostering mutual understanding is the pre-condition for achieving an ease of tension in the future - which is in the very interest not only of the ICC and its States Parties, but also of the United States."--BOOK JACKET.
Author : Victor Tsilonis
Publisher : Springer
Page : 283 pages
File Size : 55,8 Mb
Release : 2020-12-11
Category : Law
ISBN : 3030215288
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.
Author : William A. Schabas
Publisher : Oxford University Press
Page : 1400 pages
File Size : 45,8 Mb
Release : 2017-01-19
Category : Law
ISBN : 9780191060304
Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
Author : Rosemary Grey
Publisher : Cambridge University Press
Page : 395 pages
File Size : 54,5 Mb
Release : 2019-04-11
Category : Law
ISBN : 9781108470438
Detailed study of the ICC's practice in prosecuting gender-based crimes, current up to the ICC Statute's twentieth anniversary in 2018.
Author : Yudan Tan
Publisher : BRILL
Page : 487 pages
File Size : 41,7 Mb
Release : 2021-08-09
Category : Law
ISBN : 9789004439412
In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law.
Author : Kai Ambos
Publisher : C.H.Beck
Page : 3127 pages
File Size : 44,5 Mb
Release : 2022-03-09
Category : Law
ISBN : 9783406779268
Ambos, Rome Statute of the International Criminal Court The Commentary, founded by the late Otto Triffterer, is the leading commentary on the Rome Statute. The editor and a number of eminent legal practitioners and scholars in the field of international criminal law give a detailed article-by-article analysis of the Statute of the International Criminal Court (ICC). The commentary aims at explaining the content of the various articles in a broader sense, including their drafting history, their impact on International Criminal Law, and their relation with other sources of the ICC such as the Rules of Procedure and Evidence, the Regulations of the Court and the Prosecution, etc. The new Edition of the commentary has been thoroughly revised, updated and complemented with some further resources. It contains up-to-date case law (including a Table of Cases), literature and legislative developments at the ICC. Due to the burgeoning body of International Criminal Law, clarity and structure of presentation as well as greater consistency was a major objective of this new edition. It is hoped that the Commentary will continue to provide a useful guide for both practitioners and academics in various capacities.
Author : William A. Schabas,William Schabas
Publisher : Oxford University Press, USA
Page : 441 pages
File Size : 47,8 Mb
Release : 2018
Category : International criminal law
ISBN : 9780198833857
From renowned scholar William A. Schabas, this title sheds light on perhaps the most important international trial that never was: that of Kaiser Wilhelm II following the First World War. Schabas draws on numerous primary sources hitherto unexamined in published work, to craft a history of the very beginnings of international criminal justice.
Author : Viviane E. Dittrich,Alexander Heinze
Publisher : Torkel Opsahl Academic Epublisher
Page : 812 pages
File Size : 51,5 Mb
Release : 2021-12-16
Category : Law
ISBN : 8283481738
This edited volume provides a broad perspective on the International Criminal Court's development over time and explores some of its topical issues, achievements, challenges and critiques. The anthology combines reflections from scholars and practitioners and includes voices from inside and outside the Court, featuring multiple readings of its activities, practice and developments. In line with the volume's title, the authors portray the establishment and development of the Court (hence the theme 'past'), critically engage with its successes and challenges ('present'), and draw conclusions on its achievements and way forward ('future'). The book examines five key topics: prosecutorial policy and strategy, jurisdiction and admissibility, victims and witnesses, defence issues, and legitimacy and independence. It includes a number of papers and speeches given at the Nuremberg Forum 2018. The book includes chapters by Benjamin B. Ferencz, Leila Nadya Sadat, Christopher R.F. Hale, Katarína Smigová, Fannie Lafontaine and Claire Magnoux, André C.U. Nwadikwa-Jonathan and Nicholas E. Ortiz, Fergal Gaynor, Andrea Marrone, Anderson Javiel Dirocie De León, Adedeji Adekunle, Ellie Smith, Christoph Safferling and Gurgen Petrossian, Juan Pablo Pérez-León-Acevedo, Hilde Farthofer, Benjamin Gumpert and Yulia Nuzban, Philippe Currat and Brice van Erps, Cara Cunningham Warren, Nicolai von Maltitz and Thomas Körner, Shannon Fyfe, Barbara Lochbihler, Bakhtiyar Tuzmukhamedov, Heiko Maas, Fatou Bensouda and Bertram Schmitt, in that order; and by the editors themselves. The book contains forewords by Piotr Hofmański (President, ICC) and Mama Koité Doumbia (Chair, Board of Trust Fund for Victims, ICC).