Complementarity And The Exercise Of Universal Jurisdiction For Core International Crimes
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Complementarity And The Exercise Of Universal Jurisdiction For Core International Crimes
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2010-08-01
Complementarity And The Exercise Of Universal Jurisdiction For Core International Crimes written by Morten Bergsmo and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-01 with Law categories.
This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.
Complementarity In The Rome Statute And National Criminal Jurisdictions
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Author : Jann K. Kleffner
language : en
Publisher: Oxford University Press
Release Date : 2008-12-18
Complementarity In The Rome Statute And National Criminal Jurisdictions written by Jann K. Kleffner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-18 with Law categories.
This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.
State Sovereignty And International Criminal Law
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2012-11-19
State Sovereignty And International Criminal Law written by Morten Bergsmo and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-19 with Law categories.
'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.
The Global Prosecution Of Core Crimes Under International Law
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Author : Christopher Soler
language : en
Publisher: Springer Nature
Release Date : 2019-09-18
The Global Prosecution Of Core Crimes Under International Law written by Christopher Soler and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-18 with Law categories.
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
The Relationship Between The International Criminal Court And National Jurisdictions
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Author : Jo Stigen
language : en
Publisher: BRILL
Release Date : 2008-07-25
The Relationship Between The International Criminal Court And National Jurisdictions written by Jo Stigen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-25 with Law categories.
The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere vis-à-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.
Universal Jurisdiction
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Author : Stephen Macedo
language : en
Publisher: University of Pennsylvania Press
Release Date : 2004
Universal Jurisdiction written by Stephen Macedo and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.
The International Criminal Court
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Author : Olympia Bekou
language : en
Publisher: Routledge
Release Date : 2017-11-28
The International Criminal Court written by Olympia Bekou and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-28 with Law categories.
The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.
The International Criminal Court And Problems Of State Sovereignty
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Author : Oliver Holmes
language : en
Publisher: GRIN Verlag
Release Date : 2009-12-02
The International Criminal Court And Problems Of State Sovereignty written by Oliver Holmes and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-02 with Law categories.
Scientific Essay from the year 2008 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 2:1, University of Leeds, course: Political Science, language: English, abstract: It is the argument of this dissertation that the International Criminal Court is an appropriate tool for the enforcement of international criminal law and embodies a shifting notion of state sovereignty. Historically, both multilateral and unilateral attempts to enforce international criminal law have been progressive but not wholly successful. The International Criminal Court is rooted in customary law and addresses the failures of past attempts. The Court’s opposition has illustrated problems of state sovereignty, which in turn exemplifies how the International Criminal Court embodies a shifting notion of state sovereignty. The sources used are the existing academic literature, interviews, international statute, magazines, and newspaper articles.
Legal Responses To Transnational And International Crimes
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Author : Harmen van der Wilt
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-11-24
Legal Responses To Transnational And International Crimes written by Harmen van der Wilt and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-24 with categories.
This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?
The Diversification And Fragmentation Of International Criminal Law
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Author : Larissa van den Herik
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012
The Diversification And Fragmentation Of International Criminal Law written by Larissa van den Herik and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.