The International Criminal Court

Global Politics and the Quest for Justice
Author: William Driscoll,Joseph P. Zompetti,Suzette Zompetti
Publisher: IDEA
ISBN: 9780972054140
Category: Education
Page: 285
View: 5323

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Annotation The Nuremberg Trials at the end of World War II established the principle that individual leaders could be held responsible for "crimes against humanity." Although various ad hoc tribunals were held in the last half of the 20th century, it was not until 2002 that a permanent international court was established, under the auspices, of the United Nations. The international Criminal Court has been controversial with many key nations most notably, the United States refusing to ratify the treaty establishing the court. Some critics object to the adoption of a judicial system that seems to supersede national judicial systems; others fear that the court will be used to pursue narrow political ends. This book will comprise three sections: the first will examine the history of the creation of the court; the second will contain articles that outline objections to the court; the third will contain articles defending and promoting the court. The authors include primary sources on both sides of the controversy, with special attention to America's involvement. A glossary of key terms, and the text of the Rome Statute establishing the court will also be included.

The International Criminal Court

An Introduction
Author: Andrew Novak
Publisher: Springer
ISBN: 3319158325
Category: Social Science
Page: 116
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This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.

International Criminal Law

International Enforcement
Author: M. Cherif Bassiouni
Publisher: BRILL
ISBN: 9004165304
Category: Law
Page: 722
View: 1608

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Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victimsa (TM) Rights in International Law).

An Introduction to International Criminal Law and Procedure


Author: Robert Cryer,Hakan Friman,Darryl Robinson
Publisher: Cambridge University Press
ISBN: 0521135818
Category: Law
Page: 618
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This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.

Mit zweierlei Maß

Der Westen und das Völkerstrafrecht
Author: Wolfgang Kaleck
Publisher: Verlag Klaus Wagenbach
ISBN: 3803141087
Category: Political Science
Page: 144
View: 6476

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Am 1. Juli 2012 wird der Internationale Strafgerichtshof in Den Haag zehn Jahre alt. Doch die Hoffnungen auf eine universale Strafverfolgung von Menschheitsverbrechen wurden enttäuscht. Die Praxis internationaler und nationaler Gerichte muss deswegen verändert werden. Der Erfolg der Nürnberger Prozesse nährte die Erwartung, in Zukunft alle Regierungen für begangene Verbrechen vor Gericht stellen zu können. Aber der Kalte Krieg verhinderte jahrzehntelang eine Umsetzung dieses Versprechens. Wolfgang Kaleck zeichnet in diesem Buch die schier endlose Serie von ungesühnten Völkerrechtsstraftaten westlicher Machthaber von Algerien über Vietnam bis in die Türkei und Kolumbien nach. Trotz der vielversprechenden Schaffung des Internationalen Strafgerichtshofs und der Tribunale für Ruanda und Jugoslawien gibt es noch viele Gründe für Kritik an den stattfindenden wie an den ausbleibenden Verfahren. Kaleck bemängelt, dass das Völkerstrafrecht überwiegend nur auf besiegte afrikanische Potentaten und Generäle angewandt wird und nicht auf die Verbrechen der Großmächte, insbesondere des Westens. Damit stellt die herrschende selektive Strafverfolgungspraxis das Prinzip universell geltender Menschenrechte generell in Frage.

The Trial Proceedings Of The International Criminal Court

ICTY And ICTR Precedents
Author: Notburga K. Calvo-Goller
Publisher: BRILL
ISBN: 9004149317
Category: Law
Page: 561
View: 6525

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Contains the trial proceedings of the International Criminal Court, the ICTY and the ICTR in one single volume. This book covers the procedural and evidentiary aspects of the trials before the ICC from the beginning of an investigation until the time the convict has served the sentence and it includes ICTY and ICTR precedents.

International Criminal Tribunals


Author: iMinds
Publisher: iMinds Pty Ltd
ISBN: 1921761148
Category: Medical
Page: 6
View: 3372

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The concept of prosecuting war criminals is not unique to the modern world. Individuals who breached the "rules of war" were tried in Ancient Greece, and probably earlier. However, those early prosecutions were carried out by national courts, generally by victors against the vanquished, and so could hardly be described as examples of fair and impartial international justice. Underpinning the prosecutions was a notion that, even in war, there are certain rules which must be obeyed. The first notable international attempt to codify these "rules of war" was the Geneva Convention of 1864, followed by the Hague conventions in 1899 and 1907.

The Nuremberg Trials: International Criminal Law Since 1945

60th Anniversary International Conference
Author: Lawrence Raful
Publisher: Walter de Gruyter
ISBN: 3110944847
Category: History
Page: 320
View: 4646

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60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.

International Criminal Justice at the Yugoslav Tribunal

A Judge's Recollection
Author: Mohamed Shahabuddeen
Publisher: OUP Oxford
ISBN: 0191649856
Category: Law
Page: 264
View: 2839

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International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book, by one of the former judges of the ICTY, ICTR, and the International Court of Justice, assesses some of the workings of the ICTY that have shaped these developments. In it, Judge Shahabuddeen provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. He reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced. Judge Shahabuddeen's experience in international criminal justice makes this volume essential reading for those interested in, or working with, international criminal law.

A Draft International Criminal Code and Draft Statute for an International Criminal Tribunal


Author: M. Cherif Bassiouni
Publisher: Martinus Nijhoff Publishers
ISBN: 9780898389180
Category: Law
Page: 492
View: 8581

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Text no. 1: The variety of topics covered & the quality of the contributors make these two volumes a necessary part of any law library in the world. The essays are designed to overlap in the well-tested & established fields & branches of law dealing with contemporary issues which lawyers, diplomats, political scientists, politicians & research scholars are familiar with. The essays fully demonstrate the depth of knowledge of the eminent professors & specialists who have written them. The two volumes of essays are divided into seven parts. Volume One, entitled Contemporary International Law & Human Rights , focuses essentially on subjects relating to International Law & is divided into three sections. Part one of the first volume encompasses Topics in International Law such as Some New Thoughts on the Codification of International Law by his Excellency Judge Roberto Ago; Evidence in the Procedure of the International Court of Justice: The Role of the Court by His Excellency Judge Manfred Lachs; The Validity of International Law: an Empirical Experiment by Professor Georg Schwarzenberger, with a particularly engaging & incisive Introduction to the two volumes of Essays by Professor Ian Brownlie, Q.C. Human rights subjects still hold pride of place in the thinking of many legal experts & scholars & that is clearly reflected here. The title of the second volume is African Law & Comparative Public Law. Part Five of the essays contains topics of interest in the African Legal system which has its roots in the British Common Law System. Constitutional Law is broadly covered in part six which forms a section of its own in Volume Two. Text no. 2: This Festschrift pays tribute to Judge Taslim Olawale Elias, the leading African exponent of International Law to date. The two volumes of essays are divided into seven parts. The first volume focuses essentially on subjects relating to International Law & is divided into three sections. Part one of the first volume encompasses Topics in International Law such as Some New Thoughts on the Codification of International Law by His Excellency Judge Roberto Ago; Evidence in the Procedure of the International Court of Justice: The Role of the Court by His Excellency Jugde Manfred Lachs; The Validity of International Law: an Empirical Experiment by Professor Georg Schwarzenberger, with a particularly engaging & incisive Introduction to the two volumes of Essays by Professor Ian Brownlie, Q.C. Human Rights subjects still hold the pride of place in the thinking of many legal experts & scholars which is clearly reflected here. The title of the second volume is African Law & Comparative Public Law. Part five of the essays contains topics of interest in African Legal system which took its roots from the British Common Law System. Constitutional Law is bloadly covered in part six which forms a section of its own in volume two. Quite apart from the variety of topics covered in this festschrift, the quality of the contributors to it, makes the whole exercise a necessary part of an important collection of any law library in the world. The framework of the essays suggest that they are designed to overlap in the well-tested & established field of law & those branches of law dealing with contemporary issues which lawyers, diplomats, political scientists, politicians & research scholars are familiar with. The richness of the festschrift is matched only by the mutually reinforcing manner in which the presentation was made. The essays fully demonstrate the depth of knowledge of the eminent professors & specialists wh

The UN International Criminal Tribunals

The Former Yugoslavia, Rwanda and Sierra Leone
Author: William A. Schabas
Publisher: Cambridge University Press
ISBN: 1139456814
Category: Political Science
Page: 711
View: 8780

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This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.

The UN International Criminal Tribunals

Transition without Justice?
Author: Klaus Bachmann,Aleksandar Fatić
Publisher: Routledge
ISBN: 1317631366
Category: Political Science
Page: 290
View: 8969

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Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.

Substantive and Procedural Aspects of International Criminal Law

The Experience of International and National Courts: Materials
Author: Gabrielle Kirk McDonald
Publisher: BRILL
ISBN: 9789041111340
Category: Law
Page: 587
View: 8813

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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.

Treatise on International Criminal Law

Volume II: The Crimes and Sentencing
Author: Kai Ambos
Publisher: Oxford University Press
ISBN: 0199665605
Category: History
Page: 339
View: 2403

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This is the second of three volumes of a treatise on the principles and practice of international criminal law, from its foundations to its future. Volume 2 analyses the the substantive part of international criminal law dealing with the core crimes, including genocide, crimes against humanity, war crimes, and aggression, as well as sentencing.

Perpetrators and Accessories in International Criminal Law

Individual Modes of Responsibility for Collective Crimes
Author: Neha Jain
Publisher: Bloomsbury Publishing
ISBN: 1782254102
Category: Law
Page: 232
View: 2618

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International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.

Critical Approaches to International Criminal Law

An Introduction
Author: Christine Schwöbel
Publisher: Routledge
ISBN: 1317929209
Category: Law
Page: 290
View: 6300

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Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of International Criminal Law. This area of law has recently experienced a significant surge in scholarship and public debate; individual criminal accountability is now firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Critical Approaches to International Criminal Law: An Introduction shifts the debate towards that which has so far been missing from the mainstream discussion: the possible injustices, exclusions, and biases of International Criminal Law. This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. It will be a valuable resource for scholars and students of international criminal law, international law, international legal theory, criminal law, and criminology.