The Law and Practice of the International Criminal Court

Author: Carsten Stahn

Publisher: OUP Oxford

ISBN: 0191015296

Category: Law

Page: 840

View: 828

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,Göran Sluiter

Publisher: BRILL

ISBN: 9004166556

Category: Political Science

Page: 770

View: 3567

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.

Mit zweierlei Maß

Der Westen und das Völkerstrafrecht

Author: Wolfgang Kaleck

Publisher: Verlag Klaus Wagenbach

ISBN: 3803141087

Category: Political Science

Page: 144

View: 6756

Am 1. Juli 2012 wird der Internationale Strafgerichtshof in Den Haag zehn Jahre alt. Doch die Hoffnungen auf eine universale Strafverfolgung von Menschheitsverbrechen wurden enttäuscht. Die Praxis internationaler und nationaler Gerichte muss deswegen verändert werden. Der Erfolg der Nürnberger Prozesse nährte die Erwartung, in Zukunft alle Regierungen für begangene Verbrechen vor Gericht stellen zu können. Aber der Kalte Krieg verhinderte jahrzehntelang eine Umsetzung dieses Versprechens. Wolfgang Kaleck zeichnet in diesem Buch die schier endlose Serie von ungesühnten Völkerrechtsstraftaten westlicher Machthaber von Algerien über Vietnam bis in die Türkei und Kolumbien nach. Trotz der vielversprechenden Schaffung des Internationalen Strafgerichtshofs und der Tribunale für Ruanda und Jugoslawien gibt es noch viele Gründe für Kritik an den stattfindenden wie an den ausbleibenden Verfahren. Kaleck bemängelt, dass das Völkerstrafrecht überwiegend nur auf besiegte afrikanische Potentaten und Generäle angewandt wird und nicht auf die Verbrechen der Großmächte, insbesondere des Westens. Damit stellt die herrschende selektive Strafverfolgungspraxis das Prinzip universell geltender Menschenrechte generell in Frage.

The Law and Practice of International Territorial Administration

Versailles to Iraq and Beyond

Author: Carsten Stahn

Publisher: Cambridge University Press

ISBN: 0521878004

Category: Law

Page: 828

View: 8418

Dr Carsten Stahn traces the historical background, practice and legal challenges of international territorial administration.

The Law And Practice Of The International Court, 1920-2005

Author: Shabtai Rosenne,Yaël Ronen

Publisher: Martinus Nijhoff Publishers

ISBN: 9004139583

Category: Law

Page: 1

View: 1079

The popularity of his monumental and definitive works have established Shabtai Rosenne as the undisputed expert on the International Court of Justice s law and practice. His broad exchange of correspondence and extensive conversations with members of the Court and its Registrars, as well as with other friends who know the Court and its practices well, and his experience in the Court and in the UN, especially the General Assembly and the Security Council, led him to undertake this major reconstruction of this work in the previous edition. Now divided into several substantive volumes, the work addresses: The Court as one of the principal organs, and as the principal judicial organ of the United Nations. Diplomats and legal advisers who have to deal with matters relating to the Court on a political level, in different organs of the United Nations and in other offices will appreciate the full discussion of the diplomatic, political, and administrative aspects of the Court s affairs. Jurisdiction and the treatment of jurisdictional matters by the Court. This volume also includes the Court s advisory jurisdiction; the advisory work has related to very difficult legal issues in matters of major political import. The Court s procedure.All of these arenas have undergone significant recent changes. The work s practical features include the English text of the Charter of the United Nations, the Statute of the Court, the Practice Directions, and the 1978 Rules of the Court, together with a full set of indexes. The Fourth Edition (updated until 31 December 2005) of The Law and Practice of the International Court is an essential component of all international law libraries and an indispensable work for those practicing in the field, all of whom will appreciate access to the most recent work on the Court from this expert author.

The Triggering Procedure of the International Criminal Court

Author: Héctor Olásolo

Publisher: Martinus Nijhoff Publishers

ISBN: 9004146156

Category: Political Science

Page: 400

View: 6391

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.

The International Criminal Court in Search of its Purpose and Identity

Author: Triestino Mariniello

Publisher: Routledge

ISBN: 1317703081

Category: Law

Page: 288

View: 7203

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.

Jenseits der Menschenrechte

Die Rechtsstellung des Individuums im Völkerrecht

Author: Anne Peters

Publisher: Mohr Siebeck

ISBN: 9783161527494

Category: Law

Page: 559

View: 3692

Grundthese des Buches ist, dass ein Paradigmenwechsel stattgefunden hat, der den Menschen zum primaren Volkerrechtssubjekt macht. Diese These wird vor dem Hintergrund der Ideengeschichte und Dogmatik der Volkerrechtspersonlichkeit des Menschen entfaltet und auf die Rechtspraxis in zahlreichen Teilrechtsgebieten, angefangen vom Recht der internationalen Verantwortung uber das Recht des bewaffneten Konflikts, das Recht der Katastrophenhilfe, das internationale Strafrecht, das internationale Umweltrecht, das Konsularrecht und das Recht des diplomatischen Schutzes, das internationale Arbeitsrecht, das Fluchtlingsrecht bis hin zum internationalen Investitionsschutzrecht gestutzt. Der neue Volkerrechtsstatus des Menschen wird mit dem Begriff des subjektiven internationalen Rechts auf den Punkt gebracht.

An Introduction to the Law of International Criminal Tribunals

A Comparative Study. Second Revised Edition

Author: Geert-Jan Knoops

Publisher: Martinus Nijhoff Publishers

ISBN: 904742901X

Category: Law

Page: 378

View: 2249

The author offers an overview of the most important topics and developments in international criminal law, which are essential to everyone studying and practicing ICL.

Sentencing at the International Criminal Court

From Nuremberg to the Hague

Author: Alice Riccardi

Publisher: N.A

ISBN: 9789462367043

Category:

Page: 230

View: 391

This book deals with the purposes of sentencing in international criminal law focusing on the International Criminal Court. Notwithstanding the modern longevity of international criminal law and the volume of research produced on the issue of international sentencing rationales, the International Criminal Court has not yet established a coherent sentencing policy. Vis-a-vis the absence of statutory provisions identifying the objectives of sentences, this book explores the law as it is with the aim of understanding the philosophical foundations of international sentencing. The work opens with a critical examination of the issue of sentencing rationales in international criminal law and with an overview of the theories advanced by scholars. To pursue its main objective, the book is then divided into two sections. The first section studies whether it is possible to find a norm of international law providing for the aims of sentences in the law and practice of pure international criminal jurisdictions created before the entry into force of the Statute of the International Criminal Court, namely the Nuremberg and Tokyo Tribunals and the two UN ad hoc Tribunals for the former Yugoslavia and Rwanda. The second section analyses the issue of sentencing at the International Criminal Court, by focusing on the provisions of its Statute, on the relevant rules of internationally recognized human rights law and on the Court's first practice. The book ends with a re-organization of the principles emerged throughout the research. The resulting principled system suggests a consistent approach to the penal justifications of sentencing for the International Criminal Court. This is a co-publicatie with G. Giappichelli Editore.

Implementing International Humanitarian Law

From the Ad Hoc Tribunals to a Permanent International Criminal Court

Author: Yusuf Aksar

Publisher: Psychology Press

ISBN: 9780714684703

Category: Political Science

Page: 314

View: 9405

This book examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR).

International Criminal Law

Sources, Subjects and Contents

Author: M. Cherif Bassiouni

Publisher: BRILL

ISBN: 9004165320

Category: Law

Page: 1

View: 2645

Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).

The Diversification and Fragmentation of International Criminal Law

Author: Larissa van den Herik,Carsten Stahn

Publisher: Martinus Nijhoff Publishers

ISBN: 9004214593

Category: Law

Page: 734

View: 4299

This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Principles of Evidence in International Criminal Justice

Author: Karim A. A. Khan,Caroline Buisman,Christopher Gosnell

Publisher: Oxford University Press, USA

ISBN: 0199588929

Category: Evidence (Law)

Page: 798

View: 3132

Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

Cooperation and the International Criminal Court

Perspectives from Theory and Practice

Author: Olympia Bekou,Daley Birkett

Publisher: BRILL

ISBN: 9004304479

Category: Law

Page: 448

View: 3181

In Cooperation and the International Criminal Court: Perspectives from Theory and Practice, Olympia Bekou and Daley J. Birkett bring together expert contributions from both academia and practice, providing detailed insight into the cooperation regime of the International Criminal Court.

International Criminal Procedure

Principles and Rules

Author: Göran Sluiter,Håkan Friman,Suzannah Linton,Sergey Vasiliev

Publisher: Oxford University Press

ISBN: 0199658021

Category: History

Page: 1681

View: 6463

This major reference work identifies and crystallizes the common rules and principles underlying international criminal procedure, as developed by international courts and tribunals since the Second World War. It covers the whole of the international criminal process, from initial investigations to the role of victims and the final appeal.

Defenses in Contemporary International Criminal Law

Author: Geert-Jan G. J. Knoops

Publisher: BRILL

ISBN: 1571051589

Category: Law

Page: 334

View: 3830

The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.

International Criminal Law

Developments in the Case Law of the ICTY

Author: Gideon Boas

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041119872

Category: Law

Page: 309

View: 9473

At the dawn of the International Criminal Court, the rich experience of the "ad hoc" International Criminal Tribunal for the former Yugoslavia (ICTY) will prove to be the primary source of legal authorities for many years. The creation of the ICTY in 1993 heralded a new-found willingness of the international community to bring to book perpetrators of war crimes and gross or systematic violations of human rights. Written by academics and practitioners, and notably many "insiders" at the ICTY, this volume focuses particularly on the international and criminal law developments that have taken place in the practice and procedure of the Tribunal. Throughout are threads concerning the development and application of international criminal law not only by the ICTY, but also by the "ad hoc" International Criminal Tribunal for Rwanda and the new International Criminal Court.

Pluralism in International Criminal Law

Author: Elies van Sliedregt,Sergey Vasiliev

Publisher: OUP Oxford

ISBN: 019100829X

Category: Law

Page: 410

View: 9099

Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

International Law and Fact-Finding in the Field of Human Rights

Revised and Edited Reprint

Author: Bertrand G. Ramcharan

Publisher: Martinus Nijhoff Publishers

ISBN: 9004276882

Category: Law

Page: 294

View: 7214

At the time of its original publication in 1982, this ground-breaking volume sought to identify fundamental norms and standards which could help to guarantee the quality and integrity of fact-finding reports. A lot has happened in human rights fact-finding since then. There are numerous human rights fact-finding rapporteurs within the United Nations system and within regional organizations; there are many international commissions of inquiry; international criminal tribunals have helped clarify various areas of the law; NGOs are extremely active in the field. Despite, or perhaps because of these developments, controversies over fact-finding reports are very common. A source of reference to help fact-finders strengthen their work is sorely needed, and this volume remains of inestimable value in that regard. The guidance it provides has stood the test of time and is as valuable today as it was when it was first advanced, arguably it is more valuable today when the need for objective standards of human rights fact-finding has become of urgent importance in a world in which the political ground is shifting visibly. The current volume is a re-issued version of the original text, with new introductory materials.