The International Criminal Court And Complementarity

Author: Carsten Stahn
Editor:
ISBN: 9780521763875
Size: 15,29 MB
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This two volume set analyses the interaction between the ICC and domestic jurisdictions from a multidisciplinary and situation-related perspective.

The International Criminal Court And Complementarity Set

Author: Professor of International Criminal Law and Global Justice Carsten Stahn
Editor:
ISBN: 9781316140734
Size: 19,44 MB
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Analyses the interaction between the ICC and domestic jurisdictions from a multidisciplinary and situation-related perspective.

Cooperation And The International Criminal Court

Author: Olympia Bekou
Editor: BRILL
ISBN: 9004304479
Size: 10,15 MB
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In Cooperation and the International Criminal Court: Perspectives from Theory and Practice, Olympia Bekou and Daley J. Birkett bring together expert contributions from both academia and practice, providing detailed insight into the cooperation regime of the International Criminal Court.

The Complementarity Regime Of The International Criminal Court

Author: Ovo Catherine Imoedemhe
Editor: Springer
ISBN: 3319467808
Size: 13,99 MB
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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.

The International Criminal Court And Positive Complementarity Legal And Institutional Framework

Author: Milton Owuor
Editor: GRIN Verlag
ISBN: 3668729867
Size: 13,63 MB
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Academic Paper from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1.0, University of Pretoria, language: English, abstract: This study seeks to establish how the legal and institutional framework for positive complementarity may be effectively implemented. It is argued that the existing legal and institutional framework in respect of the effective combatting of impunity is largely unsatisfactory. The evolution of the principle of complementarity, in the context of the Rome Statute, is explored with emphasis on the theoretical constraints on the principle which, in turn, raise practical challenges. The analysis provides a theoretical background to the conceptualisation of positive complementarity. The study traces the evolution and development of the concept of positive complementarity, examining its characteristic features and attributes, and the possibilities and opportunities the concept presents for the effective combatting of impunity. It examines the various scholarly arguments and propositions advanced to explain the concept of positive complementarity, and analyses the attendant challenges and limitations. It is noted that there is no fixed and universally acceptable definition of positive complementarity. It is therefore argued that there is a need for the establishment of a coherent legal and institutional framework for positive complementarity. In this light, appropriate policy alternatives and considerations both domestically and internationally, are considered. On the international level limitations characterising the current institutional framework of the Secretariat of the Assembly of States Parties (ASP Secretariat) are identified. It is argued that a fundamental restructuring of the ASP Secretariat is essential and measures to restructure the ASP Secretariat in order to reinforce its effectiveness in fulfilling its mandate on positive complementarity are identified. At the domestic level, the various aspects of implementing legislation are discussed. In conclusion, the establishment of an independent office to address positive complementarity and revitalise the institutional framework within the legal structures of the ASP Secretariat, is examined. The study envisages that the proposed institutional framework for the ASP Secretariat, if implemented, would effectively support the national jurisdictions of state parties in their implementation of the concept of positive complementarity. This study represents an unequivocally original contribution to knowledge and research.

The International Criminal Court And National Courts

Author: Nidal Nabil Jurdi
Editor: Routledge
ISBN: 1317027302
Size: 13,89 MB
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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 Palgrave Handbook Of Peacebuilding In Africa

Author: Tony Karbo
Editor: Springer
ISBN: 3319622021
Size: 12,75 MB
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This handbook offers a critical assessment of the African agenda for conflict prevention, peacemaking, peacekeeping, and peacebuilding; the challenges and opportunities facing Africa’s regional organisations in their efforts towards building sustainable peace on the continent; and the role of external actors, including the United Nations, Britain, France, and South Asian troop-contributing countries. In so doing, it revisits the late Ali Mazrui’s concept of Pax Africana, calling on Africans to take responsibility for peace and security on their own continent. The creation of the African Union, in 2002, was an important step towards realising this ambition, and has led to the development of a new continental architecture for more robust conflict management. But, as the volume’s authors show, the quest for Pax Africana faces challenges. Combining thematic analyses and case studies, this book will be of interest to both scholars and policymakers working on peace, security, and governance issues in Africa.

The Legislative History Of The International Criminal Court 2 Vols

Author: M. Cherif Bassiouni
Editor: BRILL
ISBN: 9004322094
Size: 10,48 MB
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This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations.

Essays On International Criminal Justice

Author: Héctor Olásolo
Editor: Bloomsbury Publishing
ISBN: 184731872X
Size: 14,58 MB
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Crimes of atrocity have profound and long-lasting effects on any society. The difference between triggering and preventing these tragic crimes often amounts to the choice between national potential preserved or destroyed. It is also important to recognise that they are not inevitable: the commission of these crimes requires a collective effort, an organisational context, and long planning and preparation. Thus, the idea of strengthening preventative action has taken on greater relevance, and is now encompassed in the emerging notion of 'responsibility to prevent'. International courts and tribunals contribute to this effort by ending impunity for past crimes. Focusing investigations and prosecution on the highest leadership maximises the impact of this contribution. The ICC has an additional preventative mandate which is fulfilled by its timely intervention in the form of preliminary examinations. Moreover, when situations of atrocity crimes are triggered, its complementarity regime incentivises states to stop violence and comply with their duties to investigate and prosecute, thus strengthening the rule of law at the national level. The new role granted to victims by the Rome Statute is key to the ICC ́s successful fulfilment of these functions. This new book of essays, which includes the author's unpublished inaugural lecture at Utrecht University, examines these issues and places particular emphasis on the additional preventative mandate of the ICC, the ICC complementarity regime, the new role granted to victims, and the prosecution of the highest leadership through the notion of indirect perpetration. 'The work of Professor Olasolo breaks new ground in the academic field of international criminal law, as an analysis of the system as a whole. I therefore wish to express my congratulations for this work.' From the Foreword by Luis Moreno Ocampo Prosecutor, International Criminal Court, The Hague, 27 April 2011 '[Professor Hector Olasolo's] compilation provides an enormous source of easy reference to students, academia and legal actors in the field of international law. A look at the titles compiled in this volume demonstrates the present challenges to international criminal justice'. From the Preliminary Reflections by Elizabeth Odio Benito Judge and Former Vice-President, International Criminal Court, The Hague, May 2011 'This collection, written by a brilliant and prolific scholar and practitioner of international criminal justice, is an insightful and important contribution to the existing literature...Each chapter in this collection is copiously footnoted and thoroughly researched, making it an important reference tool for scholars and practitioners in the field. Additionally and importantly, the chapters explore, without polemic, areas of controversy and dissent and thoughtfully and scrupulously set forth arguments for and against particular doctrinal choices.' From the Introduction by Leila Nadya Sadat Henry H Oberschelp Professor of Law and Director, Whitney R Harris World Law Institute, Washington University School of Law; Alexis de Tocqueville Distinguished Fulbright Chair, Université de Cergy-Pontoise, Paris, Spring 2011

The Special Tribunal For Lebanon

Author: Amal Alamuddin
Editor: OUP Oxford
ISBN: 0191511161
Size: 15,45 MB
Format: PDF
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This book provides a full analytical overview of the establishment and functioning of the Special Tribunal for Lebanon, the newest and most controversial of the UN-sponsored international criminal courts. In 2005, Lebanese Prime Minister Rafic Hariri was assassinated in a huge blast that reverberated across Lebanon and the region. The Tribunal was established with a mandate to try the perpetrators of the Hariri killing, as well as those responsible for other killings that are 'connected' to this core crime. Individuals associated with the Hezbollah group have been indicted to be tried in the court in The Hague-but in their absence as their locations are unknown. The Tribunal is the UN's first attempt at addressing terrorism in an international criminal court, and the first attempt to set up international trials following crimes committed in the Middle East region. The court's narrow mandate and unique procedures have led many to question what kind of precedent it will set in a volatile region. This book looks at how the court was established, its foundational principles based on the Statute of the International Criminal Court and Lebanese domestic law, and the possible further development of its case law. It provides an authoritative guide to the procedure of the Tribunal,the status of the Registry, the rights of suspects and accused, trials in absentia, and the regulation of the conduct of counsel, drawing on comparisons to other international courts. The authors include those involved in setting up the court, prosecutors, defence counsel for the suspects, as well as judges and academic commentators who are experts on the issues covered in the book. They provide a probing insight into how the Tribunal came into being, its challenges, controversies, and its achievements to date.