Head Of State Immunity Under The Malabo Protocol
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Head Of State Immunity Under The Malabo Protocol
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Author : Kobina Egyir Daniel
language : en
Publisher: BRILL
Release Date : 2021-09-20
Head Of State Immunity Under The Malabo Protocol written by Kobina Egyir Daniel and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-20 with Law categories.
In Head of State Immunity under the Malabo Protocol: Triumph of Impunity over Accountability?, Kobina Egyir Daniel engages the subject of Head of State Immunity in international law against the backdrop of the African Union (AU)’s decision to create a Court with international criminal jurisdiction before which “Heads of State” or persons “entitled to act in such capacity” will have immunity during incumbency. The AU asserts - in justification - not only that it is standing up for itself against “neo-colonialist imperialist forces,” which have perverted international criminal justice and target African States through the International Criminal Court (ICC), but also that it is preserving the very soul of international criminal justice as well as customary international law on immunities. Beyond the analysis to determine whether the immunity that the AU’s Malabo Protocol of 2014 confers represents a retrogression in international law norms that seek accountability for jus cogens crimes, Daniel provides valuable insights into the status-inspired dialectics and self-serving hero-villain polemics that fuel contestations of right between the AU and the ICC, and the worldviews that respectively seek to overturn/preserve the asymmetry of the international legal order. Through a review of legal history, case law from national and international tribunals, state practice and academic expositions, the book examines the evolution and practice of Head of State immunity as well as recent trends in the practice of the doctrine in light of the countervailing push to establish exceptions to immunity in order to ensure accountability under international human rights and international criminal law.
Head Of State Immunity Under The Malabo Protocol
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Author : Kobina Egyir Daniel
language : en
Publisher: Developments in International
Release Date : 2021
Head Of State Immunity Under The Malabo Protocol written by Kobina Egyir Daniel and has been published by Developments in International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
In Head of State Immunity under the Malabo Protocol Kobina Egyir Daniel, offers an insightful legal analysis of Head of State immunities in international law and the role that the asymmetry of the international legal order plays in its contemporary application
The African Criminal Court
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Author : Gerhard Werle
language : en
Publisher: Springer
Release Date : 2016-11-29
The African 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 2016-11-29 with Law categories.
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
An African Criminal Court
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Author : Dominique Mystris
language : en
Publisher: Queen Mary Studies in Internat
Release Date : 2020-12-03
An African Criminal Court written by Dominique Mystris and has been published by Queen Mary Studies in Internat this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-03 with Law categories.
"We are determined to deal once and for all with the scourge of conflicts and violence on our continent, acknowledging our shortcomings and errors, committing our resources and our best people, and missing no opportunity to push forward the agenda of conflict prevention, peacemaking, peacekeeping and post- conflict reconstruction. We, as leaders, simply cannot bequeath the burden of conflicts to the next generation of Africans"--
The International Criminal Court And Africa
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Author : Charles Jalloh
language : en
Publisher: Oxford University Press
Release Date : 2017
The International Criminal Court And Africa written by Charles Jalloh 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 2017 with History categories.
This book considers the legal and political dimensions of the relationship between the International Criminal Court and Africa, looking at the role of the European Union, African Union, and African diplomacy on the issue of sovereignty and impunity for international crimes.
Affective Justice
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Author : Kamari Maxine Clarke
language : en
Publisher:
Release Date : 2019
Affective Justice written by Kamari Maxine Clarke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Un Security Council Referrals To The International Criminal Court
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Author : Alexandre Skander Galand
language : en
Publisher: Brill - Nijhoff
Release Date : 2019
Un Security Council Referrals To The International Criminal Court written by Alexandre Skander Galand and has been published by Brill - Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Criminal procedure (International law). categories.
Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
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.
Peremptory Norms Of General International Law Jus Cogens
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Author : Dire Tladi
language : en
Publisher: BRILL
Release Date : 2021-08-16
Peremptory Norms Of General International Law Jus Cogens written by Dire Tladi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-16 with Law categories.
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions brings together an impressive collection of authors addressing both conceptual issues and challenges relating to peremptory norms of general international. Covered themes in the edited collection include concepts relating to the identification of peremptory norms, consequences of peremptory norms, critiques of peremptory norms, the relationship between peremptory norms and particular areas of international law as well as the peremptory status of particular norms of international law. The contributions are presented from an array of scholars and experts with different perspective, thus providing an interesting mosaic of thoughts on peremptory norms. Written against the backdrop of the ongoing work of the International Law Commission, it exposes some tensions inherent in the jus cogens.
Between Immunity And Impunity
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Author : Yuliya Zabyelina
language : en
Publisher: Cambridge University Press
Release Date : 2023-12-21
Between Immunity And Impunity written by Yuliya Zabyelina 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 2023-12-21 with Law categories.
How do top-level public officials take advantage of immunity from foreign jurisdiction afforded to them by international law? How does the immunity entitlement allow them to thwart investigations and trial proceedings in foreign courts? What responses exist to prevent and punish such conduct? In Between Immunity and Impunity, Yuliya Zabyelina unravels the intricate layers of impunity of political elites complicit in transnational crimes. By examining cases of trafficking in persons and drugs, corruption, and money laundering that implicate heads of state and of government, ministers, diplomats, and international civil servants, she shows that, despite the potential of international law immunity to impede or delay justice, there are prominent instruments of external accountability. Accessible and compelling, this book provides novel insights for readers interested in the close-knit bond between power, illicit wealth, and impunity.