the law and practice of the international criminal court

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The Law And Practice Of The International Criminal Court

Author : Carsten Stahn
ISBN : 9780191015298
Genre : Law
File Size : 70. 12 MB
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Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.

The Emerging Practice Of The International Criminal Court

Author : Carsten Stahn
ISBN : 9789004166554
Genre : Political Science
File Size : 48. 16 MB
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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.

International Criminal Justice

Author : Roberto Bellelli
ISBN : 9781317114277
Genre : Law
File Size : 73. 63 MB
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This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.

The International Criminal Court In Search Of Its Purpose And Identity

Author : Triestino Mariniello
ISBN : 9781317703099
Genre : Law
File Size : 61. 97 MB
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The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.

International Criminal Practice

Author : John R. W. D. Jones
ISBN : STANFORD:36105063590652
Genre : Law
File Size : 26. 54 MB
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There are currently four international criminal courts: the International Criminal Tribunal for the former Yugoslavia (the "ICTY"), the International Criminal Tribunal for Rwanda (the "ICTR"), the International Criminal Court (the "ICC") and the Special Court for Sierra Leone (albeit one that is a mixed international-domestic court) (the "SCSL"). Their predecessors, the International Military Tribunals at Nuremberg and Tokyo, for all the criticism that they were "victors' tribunals", were nonetheless international) and are therefore included in this study of international criminal courts and tribunals. The ICTY and ICTR have both held extensive trials and appeals, while the ICC and SCSL are not in operation at the time of publication. Accordingly, the approach adopted here is to examine the law and practice of the ICTY and ICTR in parallel, with a comparison being made to the ICC and SCSL, where appropriate, at the end of each section. Unlike the first two editions of this work, this edition is presented thematically, rather than as an article-by-article, rule-by-rule commentary. Given the emerging corpus of international criminal law generated by the Statutes, Rules of Procedure and Evidence and jurisprudence of the ICTY, ICTR, ICC and the courts in East Timor, Sierra Leone and Kosovo, among others, a subject-matter approach appears more logical and, indeed, user-friendly. Where, however, readers seek exegesis of a specific article, they have only to make reference to the article-by-article, rule-by-rule index to find the appropriate page(s). This is in addition to the subject-matter index.

Treatise On International Criminal Law

Author : Kai Ambos
ISBN : 9780199665617
Genre :
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Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational, systematic, consistent, and comprehensive analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences. The full three-volume treatise addresses the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It is essential reading for practitioners, scholars, and students of international criminal law alike.

Judicial Dialogue On Human Rights

Author : Paolo Lobba
ISBN : 9789004313750
Genre : Political Science
File Size : 22. 91 MB
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The book presents a critical assessment on the use of human rights case law by international criminal tribunals. Based on the inadequacies highlighted though this analysis, the book propounds a coherent method to transfer human rights standards into international criminal justice.

Pluralism In International Criminal Law

Author : Elies van Sliedregt
ISBN : 9780198703198
Genre : Law
File Size : 74. 44 MB
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"Collection of papers presented at the conference "Pluralism v Harmonization: National Adjudication of International Crimes" that was held in June 2012 in Amsterdam"--Acknowlegements.

The Law And Practice Of The International Court 1920 2005 4 Vols

Author : Shabtai Rosenne
ISBN : 9789047405795
Genre : Law
File Size : 59. 85 MB
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Professor Rosenne's books on the law and practice of the Court have not only grown in size and number of volumes, but also in authority. They can be found on the desks of judges, counsel, scholars and university students alike and for all of them they are the indispensable guide to the Court's jurisprudence.

Contested Justice

Author : Christian De Vos
ISBN : 9781316483268
Genre : Law
File Size : 69. 89 MB
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The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.

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