Cooperation And The International Criminal Court
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Cooperation And The International Criminal Court
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Author : Olympia Bekou
language : en
Publisher: BRILL
Release Date : 2016-05-19
Cooperation And The International Criminal Court written by Olympia Bekou and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-19 with Law categories.
In Cooperation and the International Criminal Court: Perspectives from Theory and Practice, Olympia Bekou and Daley J. Birkett bring together expert contributions from both academia and practice, providing detailed insight into the cooperation regime of the International Criminal Court.
State Behavior And The International Criminal Court
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Author : Franziska Boehme
language : en
Publisher: Routledge
Release Date : 2022-06-09
State Behavior And The International Criminal Court written by Franziska Boehme and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-09 with Law categories.
This book analyzes patterns and causes of state cooperation with the International Criminal Court. The work focuses on several African cases, including those against leading state officials, to dive into current debates about compliance with international law and resistance to international courts. The book, which draws on interview data collected in The Hague, Kenya, and South Africa, reveals the diversity of state behaviors ranging from full compliance and diplomatic support to partial compliance to resistance and exit. This redirects the widespread narrative about African resistance against the ICC to include evidence of continued Court support. It is argued that the degree of cooperation the Court receives is affected by a government’s perceived costs and benefits of executing an ICC request: a cooperation request is considered high cost or low cost depending on the suspect’s position, the type of action requested, and the government’s domestic and regional policy objectives. In response, the Court has been careful not to alienate states further, thus highlighting that the Court is both above and below the state: having the power to charge individuals including state officials, but relying on governments—sometimes those from which suspects come—to take action on behalf of the Court against the same suspects. The book will be of interest to academics, researchers, and policymakers working in the areas of international law, human rights, international criminal justice, and international relations.
The International Criminal Court An International Criminal World Court
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Author : Sarah Babaian
language : en
Publisher: Springer
Release Date : 2018-05-31
The International Criminal Court An International Criminal World Court written by Sarah Babaian and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-31 with Law categories.
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.
State Cooperation Within The Context Of The International Criminal Court A Critical Reflection
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Author : Akoted-Daniel Manchang Oben
language : en
Publisher: GRIN Verlag
Release Date : 2023-11-08
State Cooperation Within The Context Of The International Criminal Court A Critical Reflection written by Akoted-Daniel Manchang Oben and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-08 with Law categories.
Master's Thesis from the year 2022 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: A, Helia University of Business and Applied Sciences (Faculty of Laws and Political Science), course: International Law, language: English, abstract: This dissertation focuses on the concept of state cooperation as it applies within the context of the International Criminal Court (ICC). The study examines the extent to which the cooperation of states facilitates the role of the ICC in fulfilling its objective of arresting impunity on the international stage. Despite the fact that the Rome Statute bestows upon states an obligation to cooperate with the ICC, the court has over the years continued to face significant instances of non-cooperation which has been identified as one of the major challenges facing the court in the achievement of its mission of combating international crimes and ending impunity for such crimes. The study adopts qualitative research based on doctrinal method of legal research, making use of a content analysis of primary and secondary sources of data. Findings of this study reveal that indeed, the concept of state cooperation is a fundamental requirement for the effective functioning of the ICC. This study also reveals that the ICC continues to experience significant instances of non-cooperation from states for several reasons including: the lack of enforcement powers, conflicting obligations, interests and immunities, domestic and international politics, and a perception of bias by African states. To address the problem of non-cooperation, this study recommends the restriction of the application of the doctrine of immunity as it applies to the ICC, amongst others. The study further recommends for an improvement in the ICC's collaboration with regional/continental organizations so as to facilitate and improve on the level of states cooperation with the International Criminal Court.
Africa And The International Criminal Court
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Author : Gerhard Werle
language : en
Publisher: Springer
Release Date : 2014-09-09
Africa And The International Criminal Court written by Gerhard Werle and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-09 with Law categories.
The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.
International Cooperation In Dealing With International Crimes Under International Criminal Law The Case Of The Khmer Rouge Tribunal
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Author : Sopheada Phy
language : en
Publisher: GRIN Verlag
Release Date : 2010-04
International Cooperation In Dealing With International Crimes Under International Criminal Law The Case Of The Khmer Rouge Tribunal written by Sopheada Phy and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04 with categories.
Research Paper (undergraduate) from the year 2009 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: A, University for Peace (United Nations-mandated University for Peace), language: English, abstract: Traditional international law considered the sovereignty of state as the core principle and state cannot be interfered by other states or international community even though it is failed to protect its people. The modern international law developed when the Peace of Westphalia was signed in 1648. With this development, the principle of sovereignty of state has been gradually replaced with the principle of international community as every state more or less is dependent, particularly in terms of economics and politics, in order to survive in the world community. In this regard, each state came into agreement on trade, diplomacy and so on with the others. So each is bound by international law either treaty, customary international law, or other sources of international law. Regarding the international crimes under international criminal law such as genocide, crimes against humanity, and war crimes, most of the states more or less are bound by them, significantly under the 1948-Convention on the Prevention and Punishment of the Crime of Genocide, 1968-Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, and the 2002-Rome Statute of the International Criminal Court (ICC). Throughout the history, a number of genocide, crimes against humanity and war crimes happened, but only were four ad hoc tribunals right away created to prosecute the criminals before the ICC came into being in 2002. Those are the 1945-Nuremberg Tribunal, the 1946- Tokyo Tribunal, the 1993-International Criminal Tribunal for the Former Yugoslavia, and the 1994-International Criminal Tribunal for Rwanda. However, such a thing was not undertaken in Cambodia after the Khmer Rouge regime collapse in 1979. T
Means To An End
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Author : Lee Feinstein
language : en
Publisher: Rowman & Littlefield
Release Date : 2011-11-11
Means To An End written by Lee Feinstein and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-11 with Political Science categories.
The International Criminal Court remains a sensitive issue in U.S. foreign policy circles. It was agreed to at the tail end of the Clinton administration, but with serious reservations. In 2002 the Bush administration ceremoniously reversed course and "unsigned" the Rome Statute that had established the Court. But recent developments in Washington and elsewhere indicate that the United States may be moving toward de facto acceptance of the Court and active cooperation in its mission. In Means to an End, Lee Feinstein and Tod Lindberg reassess the relationship of the United States and the ICC, as well as American policy toward international justice more broadly. Praise for the hardcover edition of Means to an End "Books of this sort are all too rare. Two experienced policy intellectuals, one liberal, one conservative, have come together to find common ground on a controversial foreign policy issue.... The book is short, but it goes a long way toward clearing the ideological air." — Foreign Affairs "A well-researched and timely contribution to the debate over America's proper relationship to the International Criminal Court. Rigorous in its arguments and humane in its conclusions, the volume is an indispensable guide for scholars and policymakers alike." —Madeleine K. Albright, former U.S. Secretary of State "Two of our nation's leading authorities on preventing atrocities have joined to make a convincing argument that closer cooperation with the International Criminal Court will help promote human rights and the values on which America was founded." —Angelina Jolie, co-chair, Jolie-Pitt Foundation
International Criminal Justice Cooperation And Fighting Of Male Sexual Crimes
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Author : Dimitris Liakopoulos
language : en
Publisher: GRIN Verlag
Release Date : 2019-04-01
International Criminal Justice Cooperation And Fighting Of Male Sexual Crimes written by Dimitris Liakopoulos and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-01 with Law categories.
Document from the year 2019 in the subject Law - European and International Law, Intellectual Properties, Tufts University, language: English, abstract: The focus of this book is the analysis of male sexual crimes in international criminal justice. The first part of the present research work is focused on the legal analysis of the relevant articles of international criminal court's Statute regarding the obligation of cooperation between states for the punishment of serious crimes against humanity and war. Judicial development, starting with the ad hoc tribunals and arriving at causes at various stages of proceedings still ongoing in the International Criminal Court (ICC), opens doctrinal and comparative national debates especially in the case of lacking states cooperation, seeking to elaborate specific topics such as the obligation of states cooperation, requests for assistance during preliminary investigations,during inquires, and confidential information. Court assistance to states parties participating in the Statute, suspending the execution of a request, the role of the prosecutor and the non-assistance of some states impede the development and operation of international criminal justice. The second part has attempted to analyze sexual crimes and especially the crime of male rape.The jurisprudence of international criminal tribunals and the ICC have tried to qualify rapeeither as a crime of genocide in the form of serious and physical injuries, even if notnecessarily permanent (lett.b) Art.6 of the Rome Statute; or as a crime against humanity wherethere are elements of context and above all material elements that emerge from the defenitionsgiven by the ad hoc tribunals and the elements of crimes; or even as a war crime in case it isimplemented to that of sexual violence, according to a geneder specific relationship tospeciem. Judges through the jurisprudence have included in this context any conduct of asexual type of aggression to human dignity that does not consist in an act of penetration andthat does not involve physical contract. The contrasts are always open. Due to the lack ofdealing with a "particular" crime and difficult to prove it or testify before an internationalcourt. The indication on the level of gravity of the crime is necessary for the relevance ofsexual violence and rape as crimes against humanity that we will see in the coming years.
The Institutionalization Of The International Criminal Court
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Author : Salla Huikuri
language : en
Publisher: Springer
Release Date : 2018-08-21
The Institutionalization Of The International Criminal Court written by Salla Huikuri and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-21 with Political Science categories.
This book explores the institution of the International Criminal Court (ICC) as a policy instrument. It argues that after the Cold War the European Union started challenging the unilateral policies of the United States by promoting new norms and institutions, such as the ICC. This development flies in the face of traditional explanations for cooperation, which would theorize institutionalization as the result of hegemonic preponderance, rational calculations or common identities. The book explains the dynamics behind the emergence of the ICC with a novel theoretical concept of normative binding. Normative binding is a strategy that provides middle powers with the means to tie down the unilateral policies of powerful actors that prefer not to cooperate. The idea is to promote new multilateral norms and deposit them in institutions, which have the potential to become binding even on unilateralist actors, if the majority of states adhere to them.
An Introduction To The International Criminal Court
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Author : William A. Schabas
language : en
Publisher: Cambridge University Press
Release Date : 2011-02-17
An Introduction To The International Criminal Court written by William A. Schabas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-17 with Law categories.
The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.