Jurisdiction Of The International Criminal Court And The Admissibility Of Cases
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Jurisdiction Of The International Criminal Court And The Admissibility Of Cases
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Author : Hannah Schatte
language : en
Publisher: GRIN Verlag
Release Date : 2009-12-21
Jurisdiction Of The International Criminal Court And The Admissibility Of Cases written by Hannah Schatte and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-21 with Law categories.
Essay from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1,7, University of Bremen, language: English, abstract: Fifty years after the Nuremberg-Tribunal, the U.N. Commission of Experts on the Former Yugoslavia stated, that “states may choose to combine their jurisdictions under the universality principle and vest this combined jurisdiction in an international tribunal.” This tribunal, the International Criminal Court (ICC), finally was created by a diplomatic conference held in Rome in 1998, where 120 States voted to adopt the Rome Statute of the International Criminal Court , rendering into force in 2002. This detailed international treaty provides for the creation of an international criminal court with power to try and punish for the most serious violations of human rights in cases where national justice systems fail at the task. The ICC therefore ushers in a new era in the protection of human rights. Some authors even say that to a great extent, the success of the Court parallels the growth of the international human rights movement, much of whose fundamental philosophy and outlook it shares. Lately mainly questions concerning the Iraq-conflict were raised, concerning the problem, whether criminal proceedings against the main actors before the ICC would be “successful”.
Questions Of Jurisdiction And Admissibility Before International Courts
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Author : Yuval Shany
language : en
Publisher: Cambridge University Press
Release Date : 2016
Questions Of Jurisdiction And Admissibility Before International Courts written by Yuval Shany 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 2016 with Law categories.
Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
The Territorial Jurisdiction Of The International Criminal Court
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Author : Michalēs Vagias
language : en
Publisher: Cambridge University Press
Release Date : 2014-10-16
The Territorial Jurisdiction Of The International Criminal Court written by Michalēs Vagias 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 2014-10-16 with Law categories.
Michael Vagias analyses the law and procedure surrounding the territorial jurisdiction of the International Criminal Court.
The Triggering Procedure Of The International Criminal Court
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Author : Héctor Olásolo
language : en
Publisher: BRILL
Release Date : 2005-10-01
The Triggering Procedure Of The International Criminal Court written by Héctor Olásolo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-01 with Business & Economics categories.
The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
The Trial Proceedings Of The International Criminal Court
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Author : Notburga K. Calvo-Goller
language : en
Publisher: BRILL
Release Date : 2006
The Trial Proceedings Of The International Criminal Court written by Notburga K. Calvo-Goller and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Contains the trial proceedings of the International Criminal Court, the ICTY and the ICTR in one single volume. This book covers the procedural and evidentiary aspects of the trials before the ICC from the beginning of an investigation until the time the convict has served the sentence and it includes ICTY and ICTR precedents.
The Jurisdiction Of The International Criminal Court
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Author : Victor Tsilonis
language : en
Publisher: Springer Nature
Release Date : 2019-11-23
The Jurisdiction Of The International Criminal Court written by Victor Tsilonis and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-23 with Law categories.
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.
Commentary On The Law Of The International Criminal Court
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Author : Mark Klamberg
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2017-04-29
Commentary On The Law Of The International Criminal Court written by Mark Klamberg 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 2017-04-29 with Law categories.
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.
An Introduction To The International Criminal Court
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Author : William Schabas
language : en
Publisher: Cambridge University Press
Release Date : 2007-10-18
An Introduction To The International Criminal Court written by William 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 2007-10-18 with Law categories.
The International Criminal Court ushers in a new era in the protection of human rights. The Court will prosecute genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. This third revised edition considers the initial rulings by the Pre-Trial Chambers and the Appeals Chamber, and the cases it is prosecuting, namely, Democratic Republic of Congo, northern Uganda, Darfur, as well as those where it had decided not to proceed, such as Iraq. The law of the Court up to and including its ruling on a confirmation hearing, committing Chalres Lubanga for trial on child soldiers offences, is covered. It also addresses the difficulties created by US opposition, analysing the ineffectiveness of measures taken by Washington to obstruct the Court, and its increasing recognition of the inevitability of the institution.
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.