The International Criminal Court in an Effective Global Justice System


Author: Linda E. Carter,Mark S. Ellis,Charles Chernor Jalloh
Publisher: Edward Elgar Publishing
ISBN: 178471982X
Category:
Page: 384
View: 7041

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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.

Crime and Global Justice

The Dynamics of International Punishment
Author: Daniele Archibugi,Alice Pease
Publisher: John Wiley & Sons
ISBN: 1509512659
Category: Law
Page: 288
View: 8236

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Over the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karad ić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?

The International Criminal Court

A Commentary on the Rome Statute
Author: William A. Schabas
Publisher: Oxford University Press
ISBN: 0191060305
Category: Law
Page: 1400
View: 2503

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Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.

International Justice and the International Criminal Court

Between Sovereignty and the Rule of Law
Author: Bruce Broomhall
Publisher: Oxford University Press on Demand
ISBN: 9780199274246
Category: Law
Page: 215
View: 3491

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This book reviews the rapid recent development of international criminal law, and explores solutions to key problems of official immunities, universal jurisdiction, the International Criminal Court and the stance of the United States, seeking to clarify how justice can best be done in a system of sovereign States. Readership: Academics, and scholars in the fields of international criminal law, international relations, criminal law, politics and human rights and constitutional law. Those involved in government and governmental organisations, including the United Nations and non-governmental organisations. Practitioners representing states in the field of international criminal law, and those involved with the emerging International Criminal Court and the International Criminal tribunals.

Prosecuting International Crimes: A Multidisciplinary Approach


Author: Bartłomiej Krzan
Publisher: BRILL
ISBN: 900432366X
Category: Law
Page: 326
View: 7937

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The volume combines different views, backgrounds and underlying assumptions on the prosecution of international crimes. The contributions shed some additional, useful light that might prove helpful for identifying new dimensions of the reaction (judicial or other) towards international atrocities.

New Zealand Yearbook of International Law


Author: N.A
Publisher: BRILL
ISBN: 9004345914
Category: Law
Page: 386
View: 4241

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The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2016 to 31 December 2016.

The Sierra Leone Special Court and its Legacy

The Impact for Africa and International Criminal Law
Author: Charles Chernor Jalloh
Publisher: Cambridge University Press
ISBN: 1107470617
Category: Law
Page: 816
View: 2465

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The Special Court for Sierra Leone (SCSL) is the third modern international criminal tribunal supported by the United Nations and the first to be situated where the crimes were committed. This timely, important and comprehensive book is the first to critically assess the impact and legacy of the SCSL for Africa and international criminal law. Contributors include leading scholars and respected practitioners with inside knowledge of the tribunal, who analyze cutting-edge and controversial issues with significant implications for international criminal law and transitional justice. These include joint criminal enterprise; forced marriage; enlisting and using child soldiers; attacks against United Nations peacekeepers; the tension between truth commissions and criminal trials in the first country to simultaneously have the two; and the questions of whether it is permissible under international law for states to unilaterally confer blanket amnesties to local perpetrators of universally condemned international crimes.

Reforming the Common European Asylum System

The New European Refugee Law
Author: Vincent Chetail,Philippe De Bruycker,Francesco Maiani
Publisher: BRILL
ISBN: 9004308660
Category: Political Science
Page: 550
View: 1212

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This book analyses the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. It provides a comprehensive and critical account of the recast instruments governing asylum law in the European Union.

Global Justice

A Cosmopolitan Account
Author: Gillian Brock
Publisher: OUP Oxford
ISBN: 0191552313
Category: Philosophy
Page: 384
View: 9143

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Gillian Brock develops a viable cosmopolitan model of global justice that takes seriously the equal moral worth of persons, yet leaves scope for defensible forms of nationalism and for other legitimate identifications and affiliations people have. Brock addresses two prominent kinds of skeptic about global justice: those who doubt its feasibility and those who believe that cosmopolitanism interferes illegitimately with the defensible scope of nationalism by undermining goods of national importance, such as authentic democracy or national self-determination. The model addresses concerns about implementation in the world, showing how we can move from theory to public policy that makes progress toward global justice. It also makes clear how legitimate forms of nationalism are compatible with commitments to global justice. Global Justice is divided into three central parts. In the first, Brock defends a cosmopolitan model of global justice. In the second, which is largely concerned with public policy issues, she argues that there is much we can and should do toward achieving global justice. She addresses several pressing problems, discussing both theoretical and public policy issues involved with each. These include tackling global poverty, taxation reform, protection of basic liberties, humanitarian intervention, immigration, and problems associated with global economic arrangements. In the third part, she shows how the discussion of public policy issues can usefully inform our theorizing; in particular, it assists our thinking about the place of nationalism and equality in an account of global justice.

Effective Criminal Defence in Europe


Author: N.A
Publisher: Intersentia Uitgevers N V
ISBN: N.A
Category: Law
Page: 657
View: 3109

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Based on a three year research study, the book explores and compares access to effective defence in criminal proceedings across nine European jurisdictions that constitute examples of the three major legal traditions in Europe, inquisitiorial, adversarial and post-state socialist: Belgium, England & Wales, Finland, France, Germany, Hungary, Italy, Poland and Turkey. --

The Politics of International Criminal Justice

German Perspectives from Nuremberg to The Hague
Author: Ronen Steinke
Publisher: Bloomsbury Publishing
ISBN: 1847319483
Category: Law
Page: 160
View: 4244

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To anyone setting out to explore the entanglement of international criminal justice with the interests of States, Germany is a particularly curious, exemplary case. Although a liberal democracy since 1949, its political position has altered radically in the last 60 years. Starting from a position of harsh scepticism in the years following the Nuremberg Trials, and opening up to the rationales of international criminal justice only slowly - and then mainly in the context of domestic trials against functionaries of the former East German regime after 1990 - Germany is today one of the most active supporters of the International Criminal Court. The climax of this is its campaigning to make the ICC independent of the UN Security Council - a debate in which Germany took a position in stark contrast to the United States. This book offers new insight into the debates leading up to such policy shifts. Drawing on government documents and interviews with policymakers, it enriches a broader debate on the politics of international criminal justice which has to date often been focused primarily on the United States.

Africa and the Future of International Criminal Justice


Author: Vincent Obisienunwo Orlu Nmehielle
Publisher: Eleven International Pub
ISBN: 9789490947620
Category: Law
Page: 445
View: 4872

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This collection examines the critical issues concerning Africa as a place where international criminal accountability mechanisms have played, and continue to play, a prominent role in the efforts to deal with and to tackle impunity for atrocity crimes. It looks at Africa's importance to international criminal justice as exemplified by the activities of international criminal accountability mechanisms, such as the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, and the International Criminal Court (ICC). The book discusses the contentions about whether Africa is particularly targeted for international justice accountability experiments, as well as the politics of international criminal justice. International politics continue to shape Africa's relationship with international justice mechanisms and initiatives, as demonstrated by the recent concerns of the African Union about the activities of the ICC in Africa. It clarifies that the ICC - as a permanent global international criminal accountability mechanism - needs Africa and that Africa needs the ICC for full and effective realization of the normative prescriptions of the Rome Statute in Africa. In this regard, the book places the complementarity principle of the Rome Statute at the center, to enable Africa to take credible ownership of justice for atrocity crimes on the continent.

Sovereignty and Justice

Balancing the Principle of Complementarity between International and Domestic War Crimes Tribunals
Author: Mark S. Ellis
Publisher: Cambridge Scholars Publishing
ISBN: 1443859656
Category: Law
Page: 325
View: 304

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The drafters of the ICC’s founding document, the Rome Statute, foresaw what would become the main challenge to the Court’s legitimacy: that it could violate national sovereignty. To address this concern, the drafters added the principle of complementarity to the ICC’s jurisdiction, in that the Court’s province merely complements the exercise of jurisdiction by the domestic courts of the Statute’s member states. The ICC honours the authority of those states to conduct their own trials. However, if the principle of complementarity is to be applied, states must ensure that their own judicial systems and trials are consistent with international standards of independence and fairness. In addition, for complementarity to work, the ICC must be willing to actively support, embrace, and implement the principle. If the Court holds on too tightly to a self-aggrandising view of its role in promoting international justice, then it will lose all credibility in the eyes of nation states. Finally, the international community, in calling on states to address war crimes committed within their borders, must provide the financial, technical, and professional resources that many struggling states need in this endeavour. This book sets forth several innovative recommendations to fulfil these goals so as to make future domestic war crimes courts work more effectively.

Courts in Conflict

Interpreting the Layers of Justice in Post-genocide Rwanda
Author: Nicola Frances Palmer
Publisher: Oxford University Press, USA
ISBN: 0199398194
Category: Law
Page: 240
View: 9564

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The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multilevel courts operating in concert. This book makes a crucial and timely contribution to the examination of these pluralist responses to atrocity at a juncture when holistic approaches are rapidly becoming the policy norm. It focuses on the practices of Rwanda's post-genocide criminal courts.

The International Criminal Court and Africa


Author: Charles Chernor Jalloh,Ilias Bantekas
Publisher: Oxford University Press
ISBN: 0192538551
Category: Law
Page: 416
View: 6581

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Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.

The Court and the World

American Law and the New Global Realities
Author: Stephen Breyer
Publisher: Vintage
ISBN: 1101912073
Category: Law
Page: 400
View: 1275

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"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.

The Role of National Courts in Applying International Humanitarian Law


Author: Sharon Weill
Publisher: OUP Oxford
ISBN: 0191508624
Category: Law
Page: 360
View: 6446

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International law is increasingly applied in domestic courts. This can result in situations where the courts are being asked to rule on politically sensitive issues, especially issues which involve actions during armed conflicts. Domestic courts do not show a uniformity of approach in addressing cases concerning international humanitarian law, and can often be seen to differ markedly in their response. The book argues that different national courts demonstrate different functional roles in different countries. These can be situated on a scale from apology to utopia, which can be set out as follows: (1) the apologist role of courts, in which they serve as a legitimating agency of the state's actions; (2) the avoiding role of courts, in which they, for policy considerations, avoid exercising jurisdiction over a case; (3) The deferral role of courts, in which courts defer back to the other branches of the government the responsibility of finding an appropriate remedy (4) the normative application role of courts, in which they apply international humanitarian law as required by the rule of law; and (5) the utopian role of courts, in which they introduce moral judgments in favour of the protection of the individual, beyond the requirements of the law. The book investigates the rulings of five key domestic courts, those of the UK, the USA, Canada, Italy, and Israel, to understand how their approaches differ, and where their practice can be placed on the methological scale. This analysis has been assisted by the author's extensive field work, notably in Israel and in the Occupied Palestinian Territories. Providing a detailed understanding each court's function, the book offers a critical analysis of the courts' rulings, in which both the legal arguments and the political context of cases they have ruled on are examined. The book shows that the functional role of the national courts is a combination of contradictions and mixed attitudes, and that national courts are in the process of defining their own role as enforcing organs of international humanitarian law.

Towards Global Justice: Sovereignty in an Interdependent World


Author: Simona Ţuţuianu
Publisher: Springer Science & Business Media
ISBN: 9067048917
Category: Law
Page: 278
View: 2288

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With Forewords by Geoffrey Robertson QC, Doughty Street Chambers, London, UK and Professor Mihail E. Ionescu, Bucharest, Romania Simona Ţuţuianu describes a new model of sovereignty which is fast replacing the traditional Westphalian model embodied in Article 2 of the UN Charter and rigorously followed throughout the Cold War. The scholarly basis for this new model draws upon developments in international criminal law which first emerged from the Nuremberg trials and upon more recent interstate economic cooperation which has turned sovereign independence into interdependence across a range of state functions. Does this mean that traditional Westphalian concepts of sovereignty should be abandoned in constructing a new theory of world governance for the twenty-first century? Not at all. A new model, which can be called the pattern of interdependence-based sovereignty, serves to explain contemporary events that puzzle traditional theorists, such as the war over Kosovo, the invasions of Iraq and Libya, the emergence of a “Responsibility to protect” doctrine and its recent validation in Security Council Resolutions 1970 and 1973. We are witnessing the emergence of a new philosophy of action, which is in the process of producing a 21st century system of international relations. The Book will appeal to academics, students and postgraduates studying international affairs, politics, international law, diplomatic history, or war and/or peace studies. It is particularly of interest for NATO establishments and national military schools, while experts and scholars will value its theory of what sovereignty means today. The Book offers a multidisciplinary approach which underpins a new theory of how human rights can be better protected in a better world. There is a unique case study of cooperative security in the Greater Black Sea Area, by one of the few experts on the politics of this region. It will be read and appreciated by those who need to understand how modern international law and diplomacy really work. Journalists, media commentators, human rights NGOs, aid agencies, diplomats and government officials need the information in this Book.

Research Handbook on International Law and Natural Resources


Author: Elisa Morgera,Kati Kulovesi
Publisher: Edward Elgar Publishing
ISBN: 1783478330
Category: Law
Page: 568
View: 7536

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Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.

International Prosecution of Human Rights Crimes


Author: Wolfgang Kaleck,Michael Ratner,Tobias Singelnstein,Peter Weiss
Publisher: Springer Science & Business Media
ISBN: 3540462783
Category: Law
Page: 224
View: 9075

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The book explores recent developments in the international and national prosecution of persons accused of committing war crimes and crimes against humanity. It considers the relationship between national and international law, science and practice, with emphasis on the emerging principle of universial jurisdiction and the effect of "the war on terror" on legal norms.