Contemporary Challenges And Alternatives To International Criminal Justice


Contemporary Challenges And Alternatives To International Criminal Justice
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Contemporary Challenges And Alternatives To International Criminal Justice


Contemporary Challenges And Alternatives To International Criminal Justice
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Author : Renata Barbosa
language : en
Publisher: Maklu
Release Date : 2022-11-01

Contemporary Challenges And Alternatives To International Criminal Justice written by Renata Barbosa and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-01 with Law categories.


The system of international criminal justice was established in response to gross human rights violations committed during World War II. Despite its development over the past seven decades, challenges and critiques remain unresolved or have subsequently emerged, particularly in the context of the International Criminal Court (ICC). Key issues include amnesties, immunities, controversial acquittals, non-cooperation, interpretative fragmentation, and cultural clashes. Criticism emerged as a reaction to the perception of impunity and the system’s underachievement. It is important to reflect on the extent to which such challenges are inherent to the system and whether they can be overcome. What is the state of international criminal justice today? What impact have these challenges had on the system’s integrity, currency, and credibility? To what extent can we prevent or remedy them? This volume brings together major contributions to the 8th AIDP Symposium for Young Penalists which was organised by the AIDP Young Penalists Committee and convened on 10 and 11 June 2021 in telematic mode, hosted by the Faculty of Law of Maastricht University.



Contemporary Challenges For The International Criminal Court


Contemporary Challenges For The International Criminal Court
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Author : Andraž Zidar
language : en
Publisher: British Institute for International & Comparative Law
Release Date : 2014

Contemporary Challenges For The International Criminal Court written by Andraž Zidar and has been published by British Institute for International & Comparative Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Criminal procedure (International law) categories.


"This incisive and important collection of contributions from well-established experts takes the [discussion on the International Criminal Court] to newer and higher levels. The contemporary challenges are set out and underscored and explained. This is a collection of views and opinions that needs to be read by practitioners, academics and judges alike. It will be an essential tool in the debates that these challenges will generate and provides vital material for consensus and understanding." -- From the Foreword by Judge Howard Morrison *** The International Criminal Court (ICC) celebrated its 10th anniversary in 2012. The initial decade was marked, not only by the ICC issuing its first judgment, in the Lubanga case, but also by numerous challenges which it has had to resolve. This book brings together a number of perceptive insights into the functioning of the ICC at the intersection between international criminal law theory and the practice developed by the ICC. Subjects covered in the book include the definition of crimes under the Rome Statute, the issue of complementarity between the ICC and domestic courts, the trigger mechanisms of the ICC, the role and rights of victims, and prospects for the future work of the ICC. The book's contributors are leading specialists in the field of international criminal justice, and include scholars, legal practitioners, NGO experts, and ICC officials. It will be an important asset for all readers interested in contemporary developments under the legal regime of the Rome Statute. [Subject: International Law, Criminal Law]



The International Criminal Court Contemporary Challenges And Reform Proposals


The International Criminal Court Contemporary Challenges And Reform Proposals
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Author : Richard H. Steinberg
language : en
Publisher: BRILL
Release Date : 2020-07-20

The International Criminal Court Contemporary Challenges And Reform Proposals written by Richard H. Steinberg and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-20 with Law categories.


The International Criminal Court: Contemporary Challenges and Reform Proposals is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: - Sexual and Gender-Based Violence: Obtaining Evidence - Outreach: Challenges Communicating with Victims, Witnesses, and Others - ICC State Party Withdrawals - Measuring the ICC’s Performance - The Crime of Aggression: Scope and Anticipated Difficulties - The Rome Statute at Twenty: Reform Proposals



Contemporary Issues Facing The International Criminal Court


Contemporary Issues Facing The International Criminal Court
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Author : Richard H. Steinberg
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2016-04-08

Contemporary Issues Facing The International Criminal Court written by Richard H. Steinberg 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 2016-04-08 with Law categories.


Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: • Jurisdiction: The 2008-2009 Gaza Issue • The Obligation to Arrest in the Darfur Context • Appropriate Limitations on Oversight • The ICC and Prevention of Crimes • Reparations • Proving Mass Rape • Focus on Africa: Is the ICC Biased? • Increasing Rates of Apprehension and Arrest Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.



Contemporary International Criminal Law Issues


Contemporary International Criminal Law Issues
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Author : Takeh B. K. Sendze
language : en
Publisher: Springer Nature
Release Date : 2023-03-28

Contemporary International Criminal Law Issues written by Takeh B. K. Sendze and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-28 with Law categories.


This book critically analyses diverse international criminal law (ICL) issues in light of recent developments in the international criminal justice system following the pursuit of accountability in Africa and around the world. It gives a scholarly analysis of issues pertaining to ICL and the pursuit of accountability in Africa by way of several topics including universal jurisdiction in Africa, Boko Haram in Nigeria, the legitimacy of the ICTR, the law of genocide committed against the Herero and Nama peoples, the African perspective on international co-operation in criminal matters, the Malabo Protocol, and whether an African Regional Court is a viable alternative to the ICC. Further discussed are other aspects of ICL, such as prosecuting sexual and gender-based crimes at the ICC, sexual and gender-based crimes perpetrated against men, guilty pleas within ICL and slavery within international criminal justice. With this, the book also refers to the jurisprudence of several international courts and tribunals including the ICTR, the ICTY, the SCSL, the ICC, the ECCC, the KSC, and the STL. This timely contributed volume updates international criminal law experts, practitioners, academics, human rights activists and other stakeholders on contemporary developments in ICL and provides recommendations that address accountability for mass atrocity crimes and ideas for strategic ICL litigation at the national, international, regional and sub-regional levels. It will prompt constructive exchanges on what can be improved in prosecuting mass atrocity crimes around the world. Takeh B.K. Sendze is an Advocate and Legal Officer with the United Nations International Residual Mechanism for Criminal Tribunals in Arusha, Tanzania. Adesola Adeboyejo is a Trial Lawyer at the International Criminal Court. Sir Howard Morrison QC is a former International Judge and an Associate Tenant at Doughty Street Chambers in London, United Kingdom. Sophia Ugwu is a Solicitor and Advocate who founded the Centre for African Justice, Peace and Human Rights in The Hague, The Netherlands.



Contemporary Challenges To Criminal Justice


Contemporary Challenges To Criminal Justice
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Author : Paul Behrens
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-12-28

Contemporary Challenges To Criminal Justice written by Paul Behrens and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-28 with Law categories.


This study provides a critical examination of seminal issues within the main areas of criminal justice: its theoretical framework, domestic and comparative criminal justice, transnational and international criminal law. Exploring some of the most interesting challenges arising in these fields, it examines the impact of 'public morality' on sentencing policy, murder and the mandatory life sentence, genocide and the notion of magnitude and incitement to terrorism. Taking an approach that is fully integrated in contemporary criminal justice scholarship, it offers a diverse and expert perspective. With a comprehensive introduction and conclusion drawing the various strands together, it offers a rigorous, coherent overview of the key issues in play in contemporary international criminal justice. This diversity and expertise ensures its appeal to a large audience of students, scholars and practitioners of criminal justice around the world.



International Criminal Procedure


International Criminal Procedure
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Author : Göran Sluiter
language : en
Publisher: OUP Oxford
Release Date : 2013-03-21

International Criminal Procedure written by Göran Sluiter and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.


International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.



International Practices Of Criminal Justice


International Practices Of Criminal Justice
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Author : Mikkel Jarle Christensen
language : en
Publisher: Routledge
Release Date : 2017-11-06

International Practices Of Criminal Justice written by Mikkel Jarle Christensen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-06 with Law categories.


International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.



Contemporary Challenges To Criminal Justice


Contemporary Challenges To Criminal Justice
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Author : Paul Behrens
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-12-28

Contemporary Challenges To Criminal Justice written by Paul Behrens and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-28 with Law categories.


This study provides a critical examination of seminal issues within the main areas of criminal justice: its theoretical framework, domestic and comparative criminal justice, transnational and international criminal law. Exploring some of the most interesting challenges arising in these fields, it examines the impact of 'public morality' on sentencing policy, murder and the mandatory life sentence, genocide and the notion of magnitude and incitement to terrorism. Taking an approach that is fully integrated in contemporary criminal justice scholarship, it offers a diverse and expert perspective. With a comprehensive introduction and conclusion drawing the various strands together, it offers a rigorous, coherent overview of the key issues in play in contemporary international criminal justice. This diversity and expertise ensures its appeal to a large audience of students, scholars and practitioners of criminal justice around the world.



Legality Matters


Legality Matters
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Author : Gillian MacNeil
language : en
Publisher: Springer Nature
Release Date : 2021-03-16

Legality Matters written by Gillian MacNeil and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-16 with Law categories.


This book examines the way international criminal courts and tribunals have interpreted the crimes against humanity proscription of other inhumane acts. This clause is consistently used in spite of the long list of more specific offences forbidden as crimes against humanity. The volume proposes that the current approach is based on a misunderstanding of the nature of the clause. Properly understood, the clause is an invitation to courts to create and apply retroactive criminal laws. This leads to a problem. A prohibition on the use of retroactive criminal laws, one which admits no exceptions, is deeply embedded in international law. The author argues that it is time to revisit the assumption that retroactive criminal laws can never be deployed in a fair legal system. Drawing lessons from an exploration on the way the prohibition on retroactive laws is applied in practice, she proposes a new framework for understanding the clause proscribing the commission of other inhumane acts. This book will be of relevance to anyone interested in international criminal law or criminal law theory. Gillian MacNeil is Assistant Professor at Robson Hall, the Faculty of Law of the University of Manitoba in Winnipeg, Canada.