Rainbow Jurisdiction At The International Criminal Court
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Rainbow Jurisdiction At The International Criminal Court
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Author : Valérie V. Suhr
language : en
Publisher: Springer Nature
Release Date : 2021-12-13
Rainbow Jurisdiction At The International Criminal Court written by Valérie V. Suhr and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-13 with Law categories.
This timely book comprehensively examines whether the worst human rights violations directed specifically at sexual and gender minorities are punishable under international criminal law, as codified in the Rome Statute of the International Criminal Court. Drawing on general rules of interpretation, the development of human rights for sexual and gender minorities, and the social construction of gender, this monograph reveals that the worst crimes committed against persons because of their sexual orientation or gender identity can amount to crimes against humanity, particularly the crime of persecution under Article 7(1)(h). It also shows how legislators can be held individually criminally responsible for passing laws that criminalize consensual same-sex sexuality. The book not only makes a significant and original contribution to the literature but is also highly relevant for international criminal law practitioners, since, so far, no cases regarding this topic exist. Dr. Valérie V. Suhr is currently a trainee lawyer in the district of the Koblenz Court of Appeal in Germany
The Jurisdiction Of The International Criminal Court Over Nationals Of Non States Parties
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Author : Monique Cormier
language : en
Publisher: Cambridge University Press
Release Date : 2020-08-20
The Jurisdiction Of The International Criminal Court Over Nationals Of Non States Parties written by Monique Cormier 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 2020-08-20 with Law categories.
The first book-length work to provide a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties.
The International Criminal Court And National Courts
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Author : Nidal Nabil Jurdi
language : en
Publisher: Routledge
Release Date : 2016-03-03
The International Criminal Court And National Courts written by Nidal Nabil Jurdi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.
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.
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 A. Schabas
language : en
Publisher: Cambridge University Press
Release Date : 2007-10-18
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 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.
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.
Bringing Power To Justice
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Author : Joanna Harrington
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2006
Bringing Power To Justice written by Joanna Harrington and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Annotation The world's first permanent international criminal tribunal for the prosecution and punishment of the world's most serious crimes was created in 2002. In Bringing Power to Justice? legal scholars, political scientists, and political philosophers respond to fundamental questions about the future of this court and international criminal justice. For instance, will the ICC be undermined by political constraints, given the opposition of major powers, including the United States? What are the implications of holding heads of state responsible for international crimes? Are trials the best response to state crime or would other devices (such as truth commissions) be more suitable? Is retributive justice an appropriate response? The contributors offer indispensable and thoughtful assessment of the future of international criminal justice.
The International Criminal Court
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Author : Marlies Glasius
language : en
Publisher: Routledge
Release Date : 2006-03-29
The International Criminal Court written by Marlies Glasius and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-29 with Law categories.
A new examination of the International Criminal Court (ICC) from a political science and international relations perspective. It describes the main features of the court and discusses the political negotiations and the on-going clashes between those states who oppose the court, particularly the United States, and those who defend it. It also makes these issues accessible to non-lawyers and presents effective advocacy strategies for non-governmental organizations. It also delivers essential background to the place of the US in international relations and makes a major contribution to thinking about the ICC’s future. While global civil society does not deliver global democracy, it does contribute to more transparent, more deliberative and more ethical international decision-making which is ultimately preferable to a world of isolated sovereign states with no accountability outside their borders, or exclusive and secretive state-to-state diplomacy. This book will be of great interest to students and scholars of international relations, international law, globalization and global governance.
The International Criminal Court In Turbulent Times
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Author : Gerhard Werle
language : en
Publisher: T.M.C. Asser Press
Release Date : 2020-08-14
The International Criminal Court In Turbulent Times written by Gerhard Werle and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-14 with Law categories.
The chapters in this book are reworkings of presentations given during a conference held in 2018 at the German Embassy to the Netherlands in The Hague on the occasion of the 20th anniversary of the adoption of the Rome Statute. They provide an in-depth analysis of major points of contention the International Criminal Court (ICC) is currently facing, such as, inter alia, head of state immunities, withdrawal from the Rome Statute, the exercise of jurisdiction vis-à-vis third-party nationals, the activation of the Court’s jurisdiction regarding the crime of aggression, as well as the relationship of the Court with both the Security Council and the African Union, all of which are issues that have a continued relevance and carry a particular controversy. The collection provides insights from both practitioners, including judges of the ICC, and diplomats who participated in the negotiations leading to the adoption of the Rome Statute, as well as well-known academics from various parts of the world working in the field of international criminal law. The aim of the book is not only to inform and stimulate academic debate on the topic, but also to serve as an instrument for lawyers involved in the practice of international criminal law. Gerhard Werle is Professor at the Faculty of Law of the Humboldt-University in Berlin, Germany and Andreas Zimmermann is Professor at the Faculty of Law of the University of Potsdam in Germany. Jürgen Bering, who worked on this book as assistant editor, is an Associate at Dentons, Berlin and a PhD candidate at the Martin Luther University, Halle-Wittenberg, Germany.