The Icc And China The Principle Of Complementary And National Implementation Of International Criminal Law
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The Icc And China The Principle Of Complementary And National Implementation Of International Criminal Law
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Author : Chenguang Zhao
language : en
Publisher:
Release Date : 2017
The Icc And China The Principle Of Complementary And National Implementation Of International Criminal Law written by Chenguang Zhao and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Complementarity (International law) categories.
The Icc And China
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Author : Chenguang Zhao
language : en
Publisher:
Release Date : 2017
The Icc And China written by Chenguang Zhao and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Complementarity (International law). categories.
Présentation de l'éditeur : "A disconnection has historically existed between international and domestic justice. In China, international justice and domestic justice were long treated as two autonomous yet interconnected systems, akin to the concept of Yin and Yang. With the establishment of the International Criminal Court (ICC) in 2002, the two systems began to increasingly work in tandem. The principle of complementarity is one of the cornerstones of the ICC's architecture, according to which states have primary jurisdiction over the ICC. So long as the legal system of a state can efficiently investigate and prosecute the core international crimes prohibited in the Rome Statute, the ICC will not intervene. However, if a state is unwilling or unable to investigate and prosecute these crimes, the ICC will invoke the principle of complementarity to step in. Thus, the principle of complementarity has an impact on the national implementation of international criminal law, as well as on its exercise of jurisdiction in many aspects, including for third party states. As a third party state to the ICC, China has ratified a number of international conventions, including those on genocide and torture; China is therefore obliged to prosecute these international crimes by implementing these international conventions into national law. However, the core crimes have thus far not been incorporated into Chinese criminal law. This research work focuses on the possible impact of the principle of complementarity on the implementation of international criminal law in China as a third party state and the future prospects of the relationship between China and the ICC based on this analysis. By so doing, it aims to contribute to the discourse on complementarity for both scholars and practitioners."
The Complementarity Regime Of The International Criminal Court
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Author : Ovo Catherine Imoedemhe
language : en
Publisher: Springer
Release Date : 2018-07-04
The Complementarity Regime Of The International Criminal Court written by Ovo Catherine Imoedemhe and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-04 with Law categories.
This book analyses how the complementarity regime of the ICC’s Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’ or ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.
On Discrepancy And Synergy Between China And The International Criminal Court
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Author : QIAO Cong-rui
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2016-11-16
On Discrepancy And Synergy Between China And The International Criminal Court written by QIAO Cong-rui 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 2016-11-16 with Law categories.
State Sovereignty And International Criminal Law
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2012-11-19
State Sovereignty And International Criminal Law written by Morten Bergsmo 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 2012-11-19 with Law categories.
'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.
States Responses To Issues Arising From The Icc Statute
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Author : Roy S. K. Lee
language : en
Publisher: International and Comparative
Release Date : 2005
States Responses To Issues Arising From The Icc Statute written by Roy S. K. Lee and has been published by International and Comparative this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
"Of the fifteen chapters, thirteen address issues of implementation of the Rome Statute in Canada, France, Germany, Netherlands, South Africa, Sweden, UK, Argentina, Brazil, Italy, Lichtenstein, Japan, and Mexico [in legislation either adopted or pending]. ... Chapter 15 offers some critical remarks from ... China, which has not signed the treaty"--Foreword, p. xviii.
The Permanent International Criminal Court
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Author : Dominic McGoldrick
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-03-30
The Permanent International Criminal Court written by Dominic McGoldrick and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03-30 with Law categories.
The idea of an International Criminal Court has captured the international legal imagination for over a century. In 1998 it became a reality with the adoption of the Rome Statute. This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law,the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts involved in negotiating the ICC Statute, the general principles of legality, the scope of defences, evidential dilemmas, the perspective of victims, the nature and scope of the offences within the ICC's jurisdiction – aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction, the principle of complementarity, national implementation of the Statute in a range of jurisdictions, and national and international responses to the ICC. The expert contributors are drawn from a range of national jurisdictions – UK, Sweden, Canada, and Australia. The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute.
The International Criminal Court And National Jurisdictions
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Author : Mauro Politi
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2008
The International Criminal Court And National Jurisdictions written by Mauro Politi and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This latest addition to the Trento Conference Series brings together a wide range of leading scholars, diplomats and representatives of international organizations to address issues at the heart of the substantive and procedural law of the Court. Examining aspects of national implementation and international cooperation, the book discusses a broad range of topics and provides an important contribution to ongoing debates surrounding International Criminal Law and the International Criminal Court.
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.
Complementarity Catalysts Compliance
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Author : Christian M. De Vos
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-23
Complementarity Catalysts Compliance written by Christian M. De Vos 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 2020-04-23 with Law categories.
Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.