Rainbow Jurisdiction at the International Criminal Court, Suhr
Автор: Gallant Kenneth S. Название: International Criminal Jurisdiction: Whose Law Must We Obey? ISBN: 0199941475 ISBN-13(EAN): 9780199941476 Издательство: Oxford Academ Рейтинг: Цена: 37129.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: International Criminal Jurisdiction is a treatise for anyone conducting research into how domestic and international regimes create and enforce rules for personal and subject matter jurisdiction in transnational or international criminal cases.
Автор: Stefan Kadelbach; Thilo Rensmann; Eva Rieter Название: Judging International Human Rights ISBN: 3319948474 ISBN-13(EAN): 9783319948478 Издательство: Springer Рейтинг: Цена: 25155.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights?
At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia.
This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Описание: This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute.
Автор: Victor Tsilonis Название: The Jurisdiction of the International Criminal Court ISBN: 3030215253 ISBN-13(EAN): 9783030215255 Издательство: Springer Рейтинг: Цена: 16769.00 р. Наличие на складе: Поставка под заказ.
Описание: 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.
Описание: This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court’s strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute’s provisions and its practical implementation through States’ practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC’s judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.
Автор: Tsilonis Victor Название: The Jurisdiction of the International Criminal Court ISBN: 3030215288 ISBN-13(EAN): 9783030215286 Издательство: Springer Цена: 19564.00 р. Наличие на складе: Поставка под заказ.
Описание:
The Definition of International Crime.- The Preconditions for the International Criminal Court to Exercise its Jurisdiction.- The Crime of Genocide and the International Criminal Court's Jurisdiction.- Crimes Against Humanity Under the ICC's Jurisdiction.- The ICC's Jurisdiction Over War Crimes.- The Crime of Aggression: The Birth of a Crime.- Immunities Under Art. 27 ICCRSt and the ICC's Jurisdiction.- The ICC's Jurisdiction Following a Security Council's Referral of a Situation Concerning Citizens of States Non-Parties to the ICC: the Situation in Sudan and Libya (Art. 25 UN Charter & 13(b)ICCRSt).- The Awakening Hypothesis of the Complementarity Principle.
Описание: This book is for scholars, students and practitioners of international criminal law. It focuses on legal questions relating to the jurisdiction of the International Criminal Court where the State of nationality has not consented to prosecution. This is a controversial and topical issue before the Court.
Описание: Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date. This book analyses the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, paying special attention to its numerous shortcomings and loopholes from a fundamental rights and due process of law perspective. The book begins with an assessment of the various principles and grounds used by Member States for claiming criminal jurisdiction. Secondly, de lege lata EU procedure on the settlement of conflicts of criminal jurisdiction, as well as its implementation in Spain and Italy, are thoroughly examined. After discussing the main principles and fundamental rights at stake, the author proposes two alternative and original de lege ferenda models for the prevention and settlement of conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the different possibilities offered by the EU’s primary law.
Автор: David Ormerod KC, Julia Hornle, Lindsay Farmer, Micheal O Floinn Название: Transformations in Criminal Jurisdiction: Extraterritoriality and Enforcement ISBN: 1509954228 ISBN-13(EAN): 9781509954223 Издательство: Bloomsbury Academic Рейтинг: Цена: 13464.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Can traditional approaches to criminal jurisdiction adapt to the new global reality of the digital era? In this innovative book, leading experts in criminal, international and internet law unite to address this fundamental question. They consider how jurisdictional regimes are orientated around concepts of territoriality and extraterritoriality, how these categories are increasingly blurred in the digital era, and how a range of jurisdictional transformations are occurring in the process.Part I presents novel doctrinal, empirical and theoretical perspectives on criminal jurisdiction, exploring how states are shaping and reimagining jurisdictional concepts in the crafting and interpretation of criminal offences, and the ramifications of increasing jurisdictional concurrency in state practice. Part II focuses on the investigative and enforcement powers of the state to assess how these issues are transforming traditional understandings of jurisdictional rules and boundaries, the challenges and opportunities that these present for law enforcement authorities, and the sorts of constraints and safeguards that may be necessary as a result. The picture that emerges is a world of jurisdictional rules in a state of flux, which demands the diversity of legal perspectives presented in this book for documenting, rationalising and moving beyond the transformations that are taking shape in modern statecraft.
Автор: Justice Bankole Thompson Название: Universal Jurisdiction: The Sierra Leone Profile ISBN: 9462650535 ISBN-13(EAN): 9789462650534 Издательство: Springer Рейтинг: Цена: 11179.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality.
Описание: Status of Forces: Criminal Jurisdiction over Military Personnel Abroad
Автор: Farrell Название: Habeas Corpus in International Law ISBN: 1107151775 ISBN-13(EAN): 9781107151772 Издательство: Cambridge Academ Рейтинг: Цена: 10454.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Providing the first comprehensive examination of the right to seek a judicial determination of the legality of one`s detention in international law, this book presents the most complete reference available on the scope and application of habeas corpus, analyzing its challenges and importance in depth.
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