Rethinking The Prosecutors Discretion At The International Criminal Court

Author : Jacopo Governa
Publisher :
ISBN 13 : 9783428188185
Total Pages : 0 pages
Book Rating : 4.87/5 ( download)

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Download or read book Rethinking the Prosecutor's Discretion at the International Criminal Court written by Jacopo Governa and published by . This book was released on 2023-02-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Prosecutor of the International Criminal Court is the first prosecutor of a permanent international criminal court and is responsible for investigating situations where international crimes appear having been committed and for prosecuting perpetrators of these crimes before the Court. The traditional contrast between those systems applying the principle of mandatory prosecution and those applying the discretionary principle, raised the question on the applicable model in the international criminal justice system. The traditional selectivity characterizing International Criminal Law, the limited resources, and the tendential use of procedural mechanisms familiar to common law systems before international criminal tribunals are some of the reasons leading scholars to attribute discretion to the Prosecutor of the International Criminal Court as well. The purpose of this book is to determine whether the Prosecutor effectively enjoys discretion and possibly to what extent. The statutory framework does not necessarily point towards a strong discretionary power of the Prosecutor, and practice reveals that the discretion granted to the Prosecutor in recent years seems sometimes to have jeopardized the effectiveness of his activities.

Author : Stefanie Bock
Publisher : Springer Nature
ISBN 13 : 9462654670
Total Pages : 296 pages
Book Rating : 4.79/5 ( download)

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Download or read book Rethinking the Crime of Aggression written by Stefanie Bock and published by Springer Nature. This book was released on 2021-09-20 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a selection of revised and updated papers presented in September 2018 at the International Conference ‘Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives’, which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC). In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues. Stefanie Bock is Professor of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law in the Department of Law at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials. Eckart Conze is Professor of Modern and Contemporary History in the Department of History at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials.

Author : Farid Mohammed Rashid
Publisher : Routledge
ISBN 13 : 1000482448
Total Pages : 155 pages
Book Rating : 4.47/5 ( download)

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Download or read book Prosecutorial Discretion in the International Criminal Court written by Farid Mohammed Rashid and published by Routledge. This book was released on 2021-12-15 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first scholarly investigation of prosecutorial discretion in the International Criminal Court (ICC) from an interdisciplinary perspective. This work analyses the discretionary power of the ICC prosecutor and its scope. It explains that there is a tendency to overlook the necessity of distinguishing between the various usages of discretion when exercised as a power authorised by the law and effect when applying indeterminate legal thresholds. The author argues that the latter indeterminacy may give decision makers an unwarranted opportunity to exercise a wide range of discretion, where extra-legal factors may be considered. In comparison, prosecutorial discretion allows decision makers to consider extra-legal considerations. This book also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions. This book will be of interest to students of international law, global governance and international relations.

Author : Anni Pues
Publisher : Bloomsbury Publishing
ISBN 13 : 1509928693
Total Pages : 264 pages
Book Rating : 4.99/5 ( download)

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Download or read book Prosecutorial Discretion at the International Criminal Court written by Anni Pues and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes, plea agreements, culminating in the question of how to end engagement in specific country situations. The book serves as a guide to the Rome Statute through the lens of the Prosecutor's activities. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals. The book will be of interest to students, practitioners of law, academics, and the wider public concerned with international law, criminal justice and international relations.

Author : Bertram Kloss
Publisher : Herbert Utz Verlag
ISBN 13 : 3831646333
Total Pages : 270 pages
Book Rating : 4.33/5 ( download)

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Download or read book The Exercise of Prosecutorial Discretion at the International Criminal Court written by Bertram Kloss and published by Herbert Utz Verlag. This book was released on 2017-01-23 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the ICC’s unprecedented scope of jurisdiction and limited resources comes the need to select situations and cases that the Prosecutor wishes to pursue. As the Prosecutor selects her situations and cases, she constantly makes choices, aff orded to her by the statutory discretion she enjoys as a Prosecutor. The purpose of this study is to investigate three aspects of the Prosecutor’s discretion: What is the extent of the Prosecutor’s discretion in pursuing individual situations and cases? How much does the Prosecutor adhere to and further the objectives of the ICC in the exercise of her discretion? To what degree should the Prosecutor use policy considerations in selecting situations and cases to pursue?

Author : Anni Henriette Pues
Publisher :
ISBN 13 : 9781509928712
Total Pages : 264 pages
Book Rating : 4.15/5 ( download)

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Download or read book Prosecutorial Discretion at the International Criminal Court written by Anni Henriette Pues and published by . This book was released on 2020 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Theoretical Framework for the Analysis of Prosecutorial Discretion at the ICC -- Prosecutorial Discretion During Preliminary Examinations -- A Duty to Investigate? -- Case Selection -- Plea Agreements -- The Interests of Justice -- Discretion and Completion -- Conclusion.

Author : Olaoluwa Olusanya
Publisher : ISBS
ISBN 13 : 9789076871752
Total Pages : 232 pages
Book Rating : 4.52/5 ( download)

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Download or read book Rethinking International Criminal Law written by Olaoluwa Olusanya and published by ISBS. This book was released on 2007 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: After a long period of relative stagnation, substantive international criminal law has been invigorated primarily by the activities of the International Criminal Tribunals for the former Yugoslavia and Rwanda. Both ad hoc tribunals have made immense advancements to this area of international criminal law by, for instance, laying down detailed rules on what constitutes culpable conduct and when responsibility should be attributed for the conduct of others. These important advances notwithstanding, much remains in flux. The elements of the core international crimes are still subject to controversy. Theories of individual criminal responsibility, such as command responsibility and joint criminal enterprise, are highly controversial. There is as yet no knowledge of how international offenses should be graded according to different levels and degrees of culpability and harm. This book brings together a team of researchers and practitioners from the field of international criminal law, concerned with a new international agenda of refining substantive international criminal law. The diverse topics examined include the superior orders defense, the mental element, the defense of mistake, command responsibility, the crime of aggression, and the principle of legality.

Author : Martha Minow
Publisher : University of Michigan Press
ISBN 13 : 0472052519
Total Pages : 397 pages
Book Rating : 4.16/5 ( download)

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Download or read book The First Global Prosecutor written by Martha Minow and published by University of Michigan Press. This book was released on 2015-04-15 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholars and practitioners examine the role of the ICC’s first prosecutor

Author : Luc Reydams
Publisher : OUP Oxford
ISBN 13 : 0191637238
Total Pages : 1032 pages
Book Rating : 4.30/5 ( download)

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Download or read book International Prosecutors written by Luc Reydams and published by OUP Oxford. This book was released on 2012-05-31 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a sustained collaborative effort among some twenty scholars and (former) tribunal staffers. The starting point is that the prosecution shapes a tribunal's practice and legacy more than any other organ and that a systematic examination of international prosecutors is therefore warranted. The chapters are organized chronologically, according to the successive phases of the life of the institution and the various stages of the trials. The analysis includes each institution's establishment, mandate and jurisdiction, as well as the prosecutorial framework and strategy, the prosecutor's external relations and the completion of the institution's work. The book also considers the prosecutors' independence and impartiality, and their accountability for their decisions. The volume thus provides a comprehensive picture of the mandate, organization, and operation of the prosecution in international criminal trials. As the first comprehensive study of an international legal actor whose decisions have widespread political repercussions, this book will be essential reading for all with an interest in international criminal justice.

Author : Kresimir Kamber
Publisher : BRILL
ISBN 13 : 9004337768
Total Pages : 598 pages
Book Rating : 4.63/5 ( download)

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Download or read book Prosecuting Human Rights Offences written by Kresimir Kamber and published by BRILL. This book was released on 2017-01-10 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores the features of the procedural obligation to investigate, prosecute and punish human rights offences, and explains how they determine the contemporary understanding of function of criminal prosecution.