The International Criminal Court And National Courts
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| Author | : Nidal Nabil Jurdi |
| Publisher | : Routledge |
| Total Pages | : 332 |
| Release | : 2016-03-03 |
| Genre | : Law |
| ISBN | : 1317027310 |
This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.
| Author | : Jo Stigen |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 549 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 9004169091 |
The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere "vis-a-vis" national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, "inter alia," whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.
| Author | : William Schabas |
| Publisher | : Cambridge University Press |
| Total Pages | : 760 |
| Release | : 2009-02-19 |
| Genre | : Law |
| ISBN | : 0521883970 |
Previous edition, 1st, published in 2000.
| Author | : André Nollkaemper |
| Publisher | : |
| Total Pages | : 769 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198739745 |
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
| 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 | : Carsten Stahn |
| Publisher | : Cambridge University Press |
| Total Pages | : 1293 |
| Release | : 2011-10-06 |
| Genre | : Law |
| ISBN | : 1316139506 |
This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.
| Author | : W. N. Ferdinandusse |
| Publisher | : T.M.C. Asser Press |
| Total Pages | : 338 |
| Release | : 2006-03-02 |
| Genre | : Law |
| ISBN | : 9789067042079 |
When national courts judge international crimes like genocide, crimes against humanity and war crimes, they can draw on both national and international criminal law. The relationship between these two bodies of law is not always clear. Can national courts base prosecutions of international crimes directly on international criminal law? In a world where national laws often proscribe international crimes in an incomplete or deficient manner, this question has considerable practical relevance for the enforcement of international criminal law. Yet, it has received little attention in doctrine while practice shows widely divergent approaches of national courts to the feasibility of direct application. The author examines the concept of the direct application of international criminal law in national courts. He provides a rich description of the relevant practice in many different States ranging from Argentina to Senegal. Easily accessible, this book is a valuable tool for academics and practitioners alike.
| Author | : Bartłomiej Krzan |
| Publisher | : BRILL |
| Total Pages | : 325 |
| Release | : 2016-07-11 |
| Genre | : Law |
| ISBN | : 900432366X |
The volume edited by Bartłomiej Krzan offers different perspectives on the prosecution of international crimes. The analyses contained therein reflect different backgrounds, mainly legal, combining several disciplines, and making it a multidisciplinary study. The main (but definitely not the exclusive) point of reference is that of international law. In addition, other perspectives, those of legal history or sociology of law and obviously the one of criminal law (both substantive and procedural) provide useful alternatives or in most occasions complementary approaches to the examination of the prosecution of international crimes. The book combines different views, backgrounds and underlying assumptions. But gathered together they, it is to be hoped, shed some additional, useful light that might be helpful for identifying new dimensions of the reaction (judicial or other) towards international crimes. Contributors: Władysław Czapliński, Patrycja Grzebyk, Witold Jakimko, Wojciech Jasiński, David Kohout, Karolina Kremens, Bartłomiej Krzan, Krzysztof Masło, Neringa Mickevičiūtė, Robert Uerpmann-Wittzack, Regina Valutyté, Karolina Wierczyńska, Joachim Wolf, Loammi Wolf, and Justinas Žilinskas.
| Author | : Carsten Stahn |
| Publisher | : BRILL |
| Total Pages | : 793 |
| Release | : 2009 |
| Genre | : Political Science |
| ISBN | : 9004166556 |
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.
| Author | : Alexandre Skander Galand |
| Publisher | : BRILL |
| Total Pages | : 278 |
| Release | : 2018-11-26 |
| Genre | : Law |
| ISBN | : 9004342214 |
This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.
