Code Annoté de la Cour Pénale Internationale, 2008

Code Annoté de la Cour Pénale Internationale, 2008
Author: Cyril Laucci
Publisher: Martinus Nijhoff Publishers
Total Pages: 869
Release: 2012-04-27
Genre: Law
ISBN: 9004182594

"Le Code annot de la Cour p nale internationale" (2008) est le troisi me volume d'une collection annuelle. Il propose une s lection des extraits les plus pertinents r sultant de l'analyse de 472 d cisions d livr es ou rendues publiques par la Cour en 2008.

The Jurisdiction of the International Criminal Court

The Jurisdiction of the International Criminal Court
Author: Victor Tsilonis
Publisher: Springer Nature
Total Pages: 292
Release: 2019-11-23
Genre: Law
ISBN: 3030215261

The book provides a holistic examination of the jurisdiction of the International Criminal Court (ICC). The main focus is placed on the three pillars which form the ICC’s foundation pursuant to the Rome Statute: the preconditions to the exercise of its jurisdiction (Article 12 Rome Statute) the substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression) the principle of complementarity (Article 17§1 (a) Rome Statute) The latter governs the ICC's ‘ultimate jurisdiction’, since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution. Finally yet importantly, the main ‘negative preconditions’ for the Court’s jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature.

The International Criminal Court and National Jurisdictions

The International Criminal Court and National Jurisdictions
Author: Mauro Politi
Publisher: Ashgate Publishing, Ltd.
Total Pages: 200
Release: 2008
Genre: Law
ISBN: 9780754674368

This latest addition to the Trento Conference Series brings together a wide range of leading scholars, diplomats and representatives of international organizations to address issues at the heart of the substantive and procedural law of the Court. Examining aspects of national implementation and international cooperation, the book discusses a broad range of topics and provides an important contribution to ongoing debates surrounding International Criminal Law and the International Criminal Court.

The International Criminal Court

The International Criminal Court
Author: William A. Schabas
Publisher: Oxford University Press
Total Pages: 2251
Release: 2017-01-19
Genre: Law
ISBN: 0191060305

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 Position of Witnesses before the International Criminal Court

The Position of Witnesses before the International Criminal Court
Author: Sylvia Ntube Ngane
Publisher: BRILL
Total Pages: 430
Release: 2015-08-25
Genre: Law
ISBN: 900430195X

The book is an evaluation of the doctrine and practice of international criminal courts and tribunals on the position of witnesses against a theoretically informed ideal of a cosmopolitan world order. It seeks to ascertain that there is a cosmopolitan international community, with shared values, that are instantiated in the international criminal tribunals, and that is what justifies the exercise of jurisdiction over witnesses who provide false testimony or engage in other forms of contempt of court. The book evaluates the practice of the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.

The Triggering Procedure of the International Criminal Court

The Triggering Procedure of the International Criminal Court
Author: Héctor Olásolo
Publisher: BRILL
Total Pages: 422
Release: 2005-10-01
Genre: Business & Economics
ISBN: 9047415744

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 Globalization of International Law

The Globalization of International Law
Author: PaulSchiff Berman
Publisher: Routledge
Total Pages: 820
Release: 2017-07-05
Genre: Law
ISBN: 1351543962

'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.

The International Criminal Court and the Transformation of International Law: Justice for the New Millenium

The International Criminal Court and the Transformation of International Law: Justice for the New Millenium
Author: Leila Sadat
Publisher: BRILL
Total Pages: 584
Release: 2021-10-01
Genre: Law
ISBN: 9004479732

Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.