The Accusation Model Before the International Criminal Court, Hanna Kuczy?ska
Автор: Cassese Paola Название: Cassese`s International Criminal Law ISBN: 0199694923 ISBN-13(EAN): 9780199694921 Издательство: Oxford Academ Рейтинг: Цена: 9186.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The third edition of International Criminal Law expounds the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law, bringing the political and human contexts to the fore.
Автор: Roach, Steven C. Название: Governance, Order, and the International Criminal Court ISBN: 0199546738 ISBN-13(EAN): 9780199546732 Издательство: Oxford Academ Рейтинг: Цена: 23562.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How has the International Criminal Court been able to evolve into a fairly effective, albeit relatively untested multi-level model of global governance? This volume explores this question and the novel predicament it represents for understanding the challenges of extending global governance and promoting global justice.
Описание: The definitive volume on gender and the ICC, this book makes substantial contributions to the fields of feminist international relations, feminist institutionalism, and historical institutionalism.
Автор: Ovo Catherine Imoedemhe Название: The Complementarity Regime of the International Criminal Court ISBN: 3319467794 ISBN-13(EAN): 9783319467795 Издательство: Springer Рейтинг: Цена: 18167.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book analyses how the complementarity regime of the ICC’s Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’ or ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC.
African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.
Автор: Novak, Andrew Название: International criminal court ISBN: 3319368435 ISBN-13(EAN): 9783319368436 Издательство: Springer Рейтинг: Цена: 5589.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction.
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.
Описание: This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g.
Автор: Moffet Luke Название: Justice for Victims Before the International Criminal Court ISBN: 041572239X ISBN-13(EAN): 9780415722391 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as `justice for victims`, which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice.
Описание: This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zurich.
Introduction.- Legal sources and legal methodology under the ICC Statute.- Previous approaches to the exclusion of illicitly obtained evidence.- The development of an approach to the exclusion of evidence by the International Criminal Court.- Factors in the balancing exercise.- The relation between the violation and the evidence.- Procedural aspects.- Conclusion and outlook.
Описание: Conor McCarthy explores the Rome Statute`s regime of victim redress, including its reparations regime and the ICC Trust Fund for Victims, and asks what role it can play alongside existing regimes for victim redress and whether it has a contribution to make in the administration of international criminal justice.