Jurisdiction Of The International Criminal Court And The Admissibility Of Cases

Author : Hannah Schatte
Publisher : GRIN Verlag
ISBN 13 : 3640497902
Total Pages : 14 pages
Book Rating : 4.04/5 ( download)

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Download or read book Jurisdiction of the International Criminal Court and the admissibility of cases written by Hannah Schatte and published by GRIN Verlag. This book was released on 2009-12-21 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1,7, University of Bremen, language: English, abstract: Fifty years after the Nuremberg-Tribunal, the U.N. Commission of Experts on the Former Yugoslavia stated, that “states may choose to combine their jurisdictions under the universality principle and vest this combined jurisdiction in an international tribunal.” This tribunal, the International Criminal Court (ICC), finally was created by a diplomatic conference held in Rome in 1998, where 120 States voted to adopt the Rome Statute of the International Criminal Court , rendering into force in 2002. This detailed international treaty provides for the creation of an international criminal court with power to try and punish for the most serious violations of human rights in cases where national justice systems fail at the task. The ICC therefore ushers in a new era in the protection of human rights. Some authors even say that to a great extent, the success of the Court parallels the growth of the international human rights movement, much of whose fundamental philosophy and outlook it shares. Lately mainly questions concerning the Iraq-conflict were raised, concerning the problem, whether criminal proceedings against the main actors before the ICC would be “successful”.

Author : Yuval Shany
Publisher : Cambridge University Press
ISBN 13 : 1107038790
Total Pages : 185 pages
Book Rating : 4.90/5 ( download)

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Download or read book Questions of Jurisdiction and Admissibility before International Courts written by Yuval Shany and published by Cambridge University Press. This book was released on 2016 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.

Author : Alexandre Skander Galand
Publisher : BRILL
ISBN 13 : 9004342214
Total Pages : 278 pages
Book Rating : 4.17/5 ( download)

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Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.

Author : Notburga K. Calvo-Goller
Publisher : BRILL
ISBN 13 : 9004149317
Total Pages : 593 pages
Book Rating : 4.11/5 ( download)

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Download or read book The Trial Proceedings Of The International Criminal Court written by Notburga K. Calvo-Goller and published by BRILL. This book was released on 2006 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Emilie Hunter
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.15/5 ( download)

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Download or read book The International Criminal Court and Positive Complementarity written by Emilie Hunter and published by . This book was released on 2014 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines the effect of the International Criminal Court (ICC) on national criminal justice practices for core international crimes. It considers that the complementarity system of the ICC is firmly based upon the issues of admissibility established under Article 17 of the Rome Statute and that positive complementarity practices should remain coherent with and based upon that system. As such, the thesis is constructed to systematically analyse the legal requirements of 'admissibility-proof' criminal justice at the national level according to the law and early practices of the ICC. Through analysis of the applicable sources of law available to the ICC, including its emerging jurisprudence on admissibility, the thesis demonstrates that the ICC provides much greater latitude to national criminal jurisdictions than has previously been accepted and that this profoundly affects the concept of positive complementarity, including its legal foundation, its definition as well as its implementation, through policy and practice. Through analysis of each of the issues of admissibility the thesis proves that the emphasis on legal reform of substantive and procedural criminal law is over-emphasised to the negligence of several other factors. These factors include quantitative restrictions, shaped by the objects of reference of the ICC's own investigations and the ICC's case selection criteria. Turning to the indicators of willingness and ability, the thesis establishes that the early practice of the ICC has demonstrated that the complementarity system functions within a plural legal order that does not require States to exercise their criminal jurisdiction as a form of mimicry of the ICC, but largely according to the national laws and practices in place at the time. Notwithstanding this, the thesis argues that legal reform may be advisable to ensure the removal the omissions or procedural bars that could render a case admissible to the ICC.

Author : Carsten Stahn
Publisher : Oxford University Press, USA
ISBN 13 : 0198705166
Total Pages : 1441 pages
Book Rating : 4.61/5 ( download)

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Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.

Author : William Schabas
Publisher : Cambridge University Press
ISBN 13 : 0521881250
Total Pages : 15 pages
Book Rating : 4.58/5 ( download)

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Download or read book An Introduction to the International Criminal Court written by William Schabas and published by Cambridge University Press. This book was released on 2007-10-18 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Héctor Olásolo
Publisher : BRILL
ISBN 13 : 9047415744
Total Pages : 422 pages
Book Rating : 4.49/5 ( download)

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Download or read book The Triggering Procedure of the International Criminal Court written by Héctor Olásolo and published by BRILL. This book was released on 2005-10-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.

Author : Mark Klamberg
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283481010
Total Pages : 819 pages
Book Rating : 4.13/5 ( download)

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Download or read book Commentary on the Law of the International Criminal Court written by Mark Klamberg and published by Torkel Opsahl Academic EPublisher. This book was released on 2017-04-29 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Carsten Stahn
Publisher : Cambridge University Press
ISBN 13 : 1316139506
Total Pages : 1293 pages
Book Rating : 4.09/5 ( download)

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Download or read book The International Criminal Court and Complementarity written by Carsten Stahn and published by Cambridge University Press. This book was released on 2011-10-06 with total page 1293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.