Commentary on the Law of the International Criminal Court
Author | : Mark Klamberg |
Publisher | : Torkel Opsahl Academic EPublisher |
Total Pages | : 819 |
Release | : 2017-04-29 |
Genre | : Law |
ISBN | : 8283481010 |
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Author | : Mark Klamberg |
Publisher | : Torkel Opsahl Academic EPublisher |
Total Pages | : 819 |
Release | : 2017-04-29 |
Genre | : Law |
ISBN | : 8283481010 |
Author | : Morten Bergsmo |
Publisher | : Torkel Opsahl Academic EPublisher |
Total Pages | : 300 |
Release | : 2012-11-19 |
Genre | : Law |
ISBN | : 829308135X |
'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.
Author | : Oumar Ba |
Publisher | : Cambridge University Press |
Total Pages | : 207 |
Release | : 2020-07-02 |
Genre | : Law |
ISBN | : 1108806082 |
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
Author | : XIAO Jingren |
Publisher | : Torkel Opsahl Academic EPublisher |
Total Pages | : 4 |
Release | : 2013-07-17 |
Genre | : Law |
ISBN | : 8293081732 |
Author | : Carsten Stahn |
Publisher | : Oxford University Press, USA |
Total Pages | : 1441 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0198705166 |
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 | : Gerhard Werle |
Publisher | : Oxford University Press |
Total Pages | : 711 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0198703597 |
Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
Author | : Chacha Murungu |
Publisher | : PULP |
Total Pages | : 376 |
Release | : 2011 |
Genre | : Africa south of Sahara |
ISBN | : 0986985783 |
"Prosecuting international crimes in Africa contributes to the understanding of international criminal justice in Africa. The books argues for the rule of law, respect for human rights and the eradication of a culture of impunity in Africa. it is a product of peer-reviewed contributions from graduates of the Centre for Human Rights, Faculty of Law, University of Pretoria, where the Master's degree programme in Human Rights and Democratisation in Africa has been presented since 2000"--Back cover.
Author | : Claus Kreß |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2016-10-27 |
Genre | : Law |
ISBN | : 1108107494 |
The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.
Author | : Christian M. De Vos |
Publisher | : Cambridge University Press |
Total Pages | : 389 |
Release | : 2020-04-23 |
Genre | : Law |
ISBN | : 1108472486 |
Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.
Author | : Neil Boister |
Publisher | : OUP Oxford |
Total Pages | : 544 |
Release | : 2012-09-06 |
Genre | : Law |
ISBN | : 0191632023 |
The suppression of cross-border criminal activity has become a major global concern. An Introduction to Transnational Criminal Law examines how states, acting together, are responding to these forms of criminality through a combination of international treaty obligations and national criminal laws. Multilateral 'suppression conventions' oblige states parties to criminalise a broad range of activities including drug trafficking, terrorism, transnational organised crime, corruption, and money laundering, and to provide for different types of international procedural cooperation like extradition and mutual legal assistance in regard to these offences. Usually regarded as a sub-set of international criminal justice, this system of law is beginning to receive greater attention as a subject in its own right as the scale of the criminal threat and the complexity of synergyzing the criminal laws of different states is more fully understood. The book is divided into three parts. Part A asks and attempts to answer what is transnational crime and what is transnational criminal law? Part B explores a selection of substantive transnational crimes from piracy through to cybercrime. Part C examines the main procedural mechanisms involved in establishing jurisdiction and then the exercise of jurisdiction through the effective investigation and prosecution of transnational crimes. Finally, Part D looks at the implementation of transnational criminal law and the prospects for transnational criminal justice. Until recently this system of law has been largely the domain of professionals. An Introduction to Transnational Criminal Law provides a comprehensive introduction designed to fill that gap.