The Jurisdiction Of The International Criminal Court Over Nationals Of Non States Parties


The Jurisdiction Of The International Criminal Court Over Nationals Of Non States Parties
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The Jurisdiction Of The International Criminal Court Over Nationals Of Non States Parties


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 Controversy


The International Criminal Court Controversy
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Author : Philipp Meissner
language : en
Publisher: Lit Verlag
Release Date : 2005

The International Criminal Court Controversy written by Philipp Meissner and has been published by Lit Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with History categories.


"The United States' opposition to the International Criminal Court (ICC) has developed into the epitome of fierce controversy concerning the international legal order in the 21st century. This volume represents an analysis of both the legal objections asserted by the involved U.S. administrations as well as a set of political motives the author considers likely to underlie their opposition. Fostering mutual understanding is the pre-condition for achieving an ease of tension in the future - which is in the very interest not only of the ICC and its States Parties, but also of the United States."--BOOK JACKET.



The International Criminal Court In Turbulent Times


The International Criminal Court In Turbulent Times
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Author : Gerhard Werle
language : en
Publisher: Springer
Release Date : 2019-06-29

The International Criminal Court In Turbulent Times 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 2019-06-29 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.



The Jurisdiction Of The Icc Scope And Challenges


The Jurisdiction Of The Icc Scope And Challenges
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Author : Heinz Duthel
language : en
Publisher: epubli
Release Date : 2024-05-10

The Jurisdiction Of The Icc Scope And Challenges written by Heinz Duthel and has been published by epubli this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-10 with Law categories.


An analysis of the International Criminal Court 's (ICC) competencies and the challenges arising from its international role. The International Criminal Court (ICC) operates under a well-defined jurisdictional framework, primarily governed by the Rome Statute, which outlines the core international crimes it can prosecute: genocide, crimes against humanity, war crimes, and the crime of aggression. This jurisdiction extends only to crimes committed on the territory of a state party or by its nationals, unless a non-state party accepts ICC jurisdiction or the UN Security Council refers a situation to the court. The cases of George W. Bush, Tony Blair, Vladimir Putin, Benjamin Netanyahu. The International Criminal Court is investigating Israeli Prime Minister Netanyahu for possible war crimes. Concern about an arrest warrant is growing in the government. Numerous allegations of war crimes were levied against Israel for its actions against civilians during its 2023 war with Hamas. The UN Independent International Commission of Inquiry on the Occupied Palestinian Territory stated there was "already clear evidence" of war crimes and would share evidence with judicial authorities, including the International Criminal Court's authorities currently investigating war crimes committed in the Occupied Territories. As of 1 February 2024, more than 27,000 Palestinians had been killed by Israel since October 7th, up to two-thirds of whom were women and children. Critics argue the Biden administration of the United States gave tacit approval to Israeli war crimes. "US Threatens International Criminal Court again ". The Jurisdiction of the ICC: Scope and Challenges An Analysis of the ICC's Competencies and the Challenges Arising from its International Role Mission Statement: "Trying individuals for genocide, war crimes, crimes against humanity, and aggression - 'This cause ... is the cause of all humanity' - Former United Nations Secretary-General Kofi Annan"



The Jurisdiction Of The International Criminal Court


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.



Un Security Council Referrals To The International Criminal Court


Un Security Council Referrals To The International Criminal Court
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Author : Alexandre Skander Galand
language : en
Publisher: BRILL
Release Date : 2018-11-22

Un Security Council Referrals To The International Criminal Court written by Alexandre Skander Galand and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-22 with 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.



The Jurisdiction Of The International Criminal Court


The Jurisdiction Of The International Criminal Court
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Author : Victor Tsilonis
language : en
Publisher: Springer Nature
Release Date :

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 with categories.




The Territorial Jurisdiction Of The International Criminal Court


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.



U S Policy Toward The International Criminal Court


U S Policy Toward The International Criminal Court
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Author :
language : en
Publisher:
Release Date : 2009

U S Policy Toward The International Criminal Court written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Criminal jurisdiction categories.


The Rome Statute establishing the International Criminal Court (ICC or Court) entered into force on July 1, 2002. With the Court now established and developing a track record of engagement in situations, such as Darfur, that are of great interest to the United States, it seemed that there might be important ways in which the United States might engage and support the Court, whether joining it or short of joining it. This Task Force has undertaken such a review, hearing from more than a dozen experts and officials representing a variety of perspectives on the ICC. Our conclusion, detailed in the recommendations in this report, is that the United States should announce a policy of positive engagement with the Court, and that this policy should be reflected in concrete support for the Court's efforts and the elimination of legal and other obstacles to such support. The Task Force does not recommend U.S. ratification of the Rome Statute at this time. But it urges engagement with the ICC and the Assembly of States Parties in a manner that enables the United States to help further shape the Court into an effective accountability mechanism. The Task Force believes that such engagement will also facilitate future consideration of whether the United States should join the Court.



The Jurisdiction Of The Icc In Relation To The Great Powers The U S Impact On Sovereignty And Authority


The Jurisdiction Of The Icc In Relation To The Great Powers The U S Impact On Sovereignty And Authority
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Author :
language : en
Publisher: GRIN Verlag
Release Date : 2024-04-03

The Jurisdiction Of The Icc In Relation To The Great Powers The U S Impact On Sovereignty And Authority written by and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-03 with Law categories.


Essay from the year 2023 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0, Göteborg University (Rechtswissenschaft), course: International Criminal Law, language: English, abstract: How can the U.S. arguments regarding the ICC as a threat to state sovereignty be assessed? How is the ICC as an institution affected by the fact that the U.S. – one of the Permanent Five – is not part of the Rome Statute? The ICC, being the world’s first permanent international criminal court, was established to prosecute individuals for “the most serious crimes of international concern”, namely genocide; crimes against humanity; war crimes; and the crime of aggression. Some controversies among states arose during the establishment, primarily concerning the court’s jurisdiction and its effects on state sovereignty. The clash between the authority of the ICC and the sovereignty of states has thereafter repeatedly been up for discussion. The U.S. is often depicted as one of the main opponents to the ICC due to the court’s alleged impact on state sovereignty. What may be considered ironic in the context is that the U.S. initially constituted one of the key creators of the court, to ultimately neither sign nor ratify its statute. An argument that has been put forward by the U.S. is that there is no need for an external juridical body for such a well-established, sovereign state as the U.S. However, such a body would serve a purpose for other states, which do not meet the high U.S. standards. This argument shows clear tendencies of so-called American exceptionalism, which is the idea that the U.S. is superior to other states for historical, ideological or religious reasons. What makes this standpoint further interesting is that the U.S., despite not being part of the Rome Statute, may refer cases to the ICC in its capacity as one of the permanent members of the UNSC – which they have, on several occasions. In other words, the U.S. appears to be in the position to exercise indirect control over an international institution which their own nationals cannot be subjects to.