The International Criminal Court in Search of its Purpose and Identity

Author: Triestino Mariniello
Publisher: Routledge
ISBN: 131770309X
Format: PDF
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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.

An Introduction to the International Criminal Court

Author: William A. Schabas
Publisher: Cambridge University Press
ISBN: 131688323X
Format: PDF, Kindle
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The International Criminal Court ushered in a new era in the protection of human rights. The Court prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression when national justice systems are either unwilling or unable to do so themselves. This fifth edition of the seminal text describes a Court which is no longer in its infancy; the Court is currently examining situations that involve more than twenty countries in every continent of the planet. This book considers the difficulties in the Court's troubled relationship with Africa, the vagaries of the position of the United States, and the challenges the Court may face as it confronts conflicts around the world. It also reviews the history of international criminal prosecution and the Rome Statute. Written by a leading commentator, it is an authoritative and up-to-date introduction to the legal issues involved in the creation and operation of the Court.

Cultural Defences at the International Criminal Court

Author: Noelle Higgins
Publisher: Routledge
ISBN: 1351718037
Format: PDF, ePub, Mobi
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Cultural defences, i.e. claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.

Constitutional Justice East and West

Author: Wojciech Sadurski
Publisher: Springer Science & Business Media
ISBN: 9789041118837
Format: PDF, ePub, Mobi
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How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.

International Criminal Law and Sexual Violence against Women

Author: Daniela Nadj
Publisher: Routledge
ISBN: 1317228189
Format: PDF, ePub
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This book explores the prosecution of wartime sexual violence in international criminal law and asks what the juridicalisation of gender-based violence signifies for women. The book explores the portrayal of the various gendered identities that surface in armed conflict and it asks whether the law is capable of reflecting these in subsequent judgements. Focusing on the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda as well as subsequent developments in the International Criminal Court, the book shows how the tribunals have delivered landmark jurisprudence in the area of sexual violence against women and provided a legacy for how gender justice is incorporated into international law. However, Daniela Nadj argues that in the relevant cases there is a tendency to depict women in monolithic fashion with little agency or sense of identity beyond their ethnicity. By bringing to the surface the complexity and multi-faceted gendered identities in wartime, the book calls for a reconceptualisation of notions of femininity in armed conflict.

Pluralism in International Criminal Law

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Format: PDF, ePub
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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.

The Nuremberg Trials International Criminal Law Since 1945

Author: Lawrence Raful
Publisher: Walter de Gruyter
ISBN: 3110944847
Format: PDF, ePub, Docs
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60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.