International Criminal Court Cases in Africa

Author: Alexis Arieff
Publisher:
ISBN:
Format: PDF, Mobi
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This report provides background on current International Criminal Court (ICC) cases and examines issues raised by the ICC's actions in Africa, including the potential deterrence of future abuses and the potential impact on African peace processes.

Africa and the ICC

Author: Kamari Clarke
Publisher: Cambridge University Press
ISBN: 1107147654
Format: PDF, ePub, Mobi
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By investigating how the International Criminal Court (ICC) is portrayed in Africa, this book highlights how perceptions of justice are multilayered.

Africa and the International Criminal Court

Author: Gerhard Werle
Publisher: Springer
ISBN: 9462650292
Format: PDF, Kindle
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The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.

The African Criminal Court

Author: Gerhard Werle
Publisher: Springer
ISBN: 9462651507
Format: PDF, ePub, Mobi
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This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.

The International Criminal Court and Africa

Author: Charles Chernor Jalloh
Publisher: Oxford University Press
ISBN: 0192538543
Format: PDF, Kindle
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Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.

The International Criminal Court in Ongoing Intrastate Conflicts

Author: Patrick S. Wegner
Publisher: Cambridge University Press
ISBN: 1316395421
Format: PDF
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In recent decades, international courts have increasingly started investigating armed conflicts. However, the impact of this remains under-researched. Patrick S. Wegner closes this gap via a comprehensive analysis of the impact of the International Criminal Court in the Darfur and Lord's Resistance Army conflicts. He offers a fresh approach to peace and conflict studies, while avoiding the current quantitative focus of the literature and polarisation between critics and supporters of applying justice in conflicts. This is the first time that the impact of an international criminal court has been analysed in all its facets in two conflicts. The consequences of these investigations are much more complex and difficult to predict than most of the existing literature suggests. Recurrent claims, such as the deterrent effect of trials and the danger of blocking negotiations by the issuing of arrest warrants, are put to the test here with some surprising results.

All Rise

Author: Tjitske Lingsma
Publisher:
ISBN: 9789077386200
Format: PDF, ePub
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On a grey, cold day in January 2011 Tjitske Lingsma visits the International Criminal Court (ICC) in The Hague, The Netherlands. She hears the poignant testimony of a lady who tells the judges how she was savagely gang raped, experienced the looting of her house and neighbourhood and heard how her brother was killed. After this first visit Lingsma decides to follow the ICC, inspired by the court's noble task to bring justice for victims, to fight impunity and to go after perpetrators of genocide, crimes against humanity and war crimes. In a vivid and gripping style, and with unique insights, Lingsma tells the story of this prestigious court, that started in 2002 and now has 124 member states. In thematic chapters she portrays its history, functioning, the work of the prosecutor, life in detention, and the precarious situation of witnesses and victims. Lingsma describes in separate chapters the dramatic cases against suspects of international crimes in Kenya, Democratic Republic of Congo, Central African Republic, Ivory Coast and Libya. But reality proves to be harsh. Despite all hopes, the ICC hasn't fulfilled its ambition. So far it has convicted four persons for international crimes, while cases against no fewer than nine suspects failed. The court, which has cost 1.5 billion euros by now, is damaged by government obstruction, intimidation of witnesses, its own failures and member states threatening to withdraw. All Rise is the sobering account of a court that could not live up to its expectations. But with its important task to bring justice, it is too valuable to fail. The Dutch edition of All Rise, which was published in December 2014, was shortlisted for the Brusse Prize - for best journalistic book in The Netherlands

The International Criminal Court

Author: William A. Schabas
Publisher: Oxford University Press
ISBN: 0191060305
Format: PDF, Kindle
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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.

The International Criminal Court and Peace Processes in Africa

Author: Line Gissel
Publisher: Routledge
ISBN: 1351591894
Format: PDF, Docs
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The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set of general features pertaining to the judicialisation of peace. Line Engbo Gissel argues that the level and timing of ICC involvement is key to the ICC’s impact on peace processes and explains why this is the case: a high level of ICC involvement during the negotiation phase of a peace process delegates politico-legal and discursive authority away from peace process actors, while a low level of ICC involvement during the negotiation phase retains such forms of authority at the level of the peace process. As politico-legal authority enables the resolution of sticking points and discursive authority constructs the conflict and its resolution, the location of authority is important for the peace process. Furthermore, judicialisation also affects the negotiation and implementation of a justice policy, with a narrowing scope for justice accompanying increasing levels of ICC involvement.