The International Criminal Court And National Courts


The International Criminal Court And National Courts
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The International Criminal Court And National Courts


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.



The International Criminal Court And National Courts


The International Criminal Court And National Courts
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Author :
language : en
Publisher:
Release Date : 2007

The International Criminal Court And National Courts written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.


This book analyzes the position of the ICC in relation to national court systems, illustrating that its relationship with the national courts under the complementarity mechanism, is much more complex in practice. It brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation and will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.



The International Criminal Court And National Jurisdictions


The International Criminal Court And National Jurisdictions
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Author : Federica Gioia
language : en
Publisher: Routledge
Release Date : 2016-12-05

The International Criminal Court And National Jurisdictions written by Federica Gioia and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.


At a stage in its development when the workings of the International Criminal Court may be assessed, this timely volume provides valuable insights into its activities and, in particular, its interaction with national jurisdictions and international organizations. The contributors discuss a broad range of topics and present a 'first assessment' of complementarity. They address the issues at the heart of the substantive and procedural law of the Court and examine aspects relating to national implementation and international cooperation. These proceedings are the latest addition to the Trento Conference series, bringing together a wide range of leading scholars, diplomats and representatives of international organizations. As such, they provide an important contribution to the ongoing debate surrounding International Criminal Law and the International Criminal Court in particular. This thought-provoking study will be of value to researchers and policy makers alike.



The Relationship Between The International Criminal Court And National Jurisdictions


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.



Substantive And Procedural Aspects Of International Criminal Law 1 Commentary


Substantive And Procedural Aspects Of International Criminal Law 1 Commentary
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Author : Gabrielle Kirk MacDonald
language : en
Publisher: BRILL
Release Date : 2000-03

Substantive And Procedural Aspects Of International Criminal Law 1 Commentary written by Gabrielle Kirk MacDonald and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03 with Law categories.


Vol. II, Part 1.



Substantive And Procedural Aspects Of International Criminal Law


Substantive And Procedural Aspects Of International Criminal Law
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Author : Gabrielle Kirk McDonald
language : en
Publisher: BRILL
Release Date : 2000-03-01

Substantive And Procedural Aspects Of International Criminal Law written by Gabrielle Kirk McDonald and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03-01 with Law categories.


This unique two-volume work seeks for the first time to address in a comprehensive fashion both "substantive" and "procedural" aspects of international criminal law as applied by international and national courts. Substantive topics include individual criminal responsibility, genocide, war crimes, crimes against humanity, crimes against UN and associated personnel, core crimes and defenses, while procedural aspects include the right of suspects and accused, the protection of victims and witnesses, and pre-trial, trial and appeal procedures and practices. In addressing these subjects the work focuses on the practical application of the relevant norms and provides both detailed commentaries by experts in the field "(Commentary volume)," as well as the underlying documentation for each of the topics addressed "(Documents and Cases volume)," With the establishment of the International Criminal Court, the experiences of other international courts, notably the ad hoc tribunals for the former Yugoslavia and Rwanda as well as their predecessors, in addressing these issues are of great value and this work is intended to assist practitioners and scholars alike. Additionally, because national courts still have a vital role to play in the application of these norms, attention is given to prosecutions in national jurisdictions. With this work the editors seek both to assist the reader in understanding these important concepts as well as to provide the background documentation such that the reader can conduct his or her own research and come to his or her own conclusions.



The International Criminal Court In An Effective Global Justice System


The International Criminal Court In An Effective Global Justice System
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Author : Linda E. Carter
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-11-25

The International Criminal Court In An Effective Global Justice System written by Linda E. Carter and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with categories.


International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.



The Legacy Of The International Criminal Tribunal For The Former Yugoslavia


The Legacy Of The International Criminal Tribunal For The Former Yugoslavia
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Author : Bert Swart
language : en
Publisher: Oxford University Press
Release Date : 2011-05-19

The Legacy Of The International Criminal Tribunal For The Former Yugoslavia written by Bert Swart 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 2011-05-19 with Law categories.


The most prolific international criminal court to date, the International Criminal Tribunal for the Former Yugoslavia had a broad impact on international law, human rights, the creation of the International Criminal Court, and the rule of law in the former Yugoslavia. In this book a group of leading experts take stock of its performance and legacy.



Essays On The Rome Statute Of The International Criminal Court


Essays On The Rome Statute Of The International Criminal Court
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Author : Flavia Lattanzi
language : en
Publisher: © Editrice il Sirente
Release Date : 1999-01-01

Essays On The Rome Statute Of The International Criminal Court written by Flavia Lattanzi and has been published by © Editrice il Sirente this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with Law categories.




Surrendering To International Criminal Courts Contemporary Practice And Procedures


Surrendering To International Criminal Courts Contemporary Practice And Procedures
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Author : Geert-Jan Knoops
language : en
Publisher: BRILL
Release Date : 2021-10-01

Surrendering To International Criminal Courts Contemporary Practice And Procedures written by Geert-Jan Knoops and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-01 with Law categories.


This innovative book provides an incisive, knowledgeable and comprehensive study of the promises and limitations of the emerging phenomenon of surrender of individuals to international criminal courts, such as the International Criminal Court of the Former Yugoslavia (ICTY), the International Criminal Court of Rwanda (ICTR), and the International Criminal Court (ICC). It is the first study on this area. The author analyses the distinctions and similarities with international extradition norms and persuasively establishes the international legal confinements of the surrender concept and the role of states and NATO-forces within this concept. In developing an international uniform framework for the surrender of individuals to international criminal courts, the author meticulously examines the Statutes of the ICTY, ICTR and ICC as well as their case law on this subject in conjunction with that of the European Court of Human Rights. Published under the Transnational Publishers imprint.