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International Criminal Justice

International Criminal Justice Author Roberto Bellelli
ISBN-10 9781317114277
Release 2016-04-22
Pages 706
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This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.



The Law and Practice of the International Criminal Court

The Law and Practice of the International Criminal Court Author Carsten Stahn
ISBN-10 9780198705161
Release 2014-12-24
Pages 1326
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Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparalleled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organized along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.



The Diversification and Fragmentation of International Criminal Law

The Diversification and Fragmentation of International Criminal Law Author Larissa van den Herik
ISBN-10 9789004214590
Release 2012
Pages 734
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This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.



Contested Justice

Contested Justice Author
ISBN-10 9781107076532
Release
Pages
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Contested Justice has been writing in one form or another for most of life. You can find so many inspiration from Contested Justice also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Contested Justice book for free.



Principles of Evidence in International Criminal Justice

Principles of Evidence in International Criminal Justice Author Karim A. A. Khan
ISBN-10 9780199588923
Release 2010-01-01
Pages 798
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Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.



Judicial Dialogue on Human Rights

Judicial Dialogue on Human Rights Author Paolo Lobba
ISBN-10 9789004313750
Release 2017-08-28
Pages 324
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The book presents a critical assessment on the use of human rights case law by international criminal tribunals. Based on the inadequacies highlighted though this analysis, the book propounds a coherent method to transfer human rights standards into international criminal justice.



The International Criminal Court

The International Criminal Court Author Andrew Novak
ISBN-10 9783319158327
Release 2015-03-11
Pages 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.



Pluralism in International Criminal Law

Pluralism in International Criminal Law Author Elies van Sliedregt
ISBN-10 9780198703198
Release 2014-02
Pages 435
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"Collection of papers presented at the conference "Pluralism v Harmonization: National Adjudication of International Crimes" that was held in June 2012 in Amsterdam"--Acknowlegements.



Interpreting Crimes in the Rome Statute of the International Criminal Court

Interpreting Crimes in the Rome Statute of the International Criminal Court Author Leena Grover
ISBN-10 9781107067721
Release 2014-10-16
Pages 474
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Offers the first detailed analysis of, and guide to, the interpretation of international crimes defined in the Rome Statute.



The Changing Nature of Customary International Law

The Changing Nature of Customary International Law Author Noora Arajärvi
ISBN-10 9781134067343
Release 2014-04-24
Pages 214
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This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.



Defense Perspectives on International Criminal Justice

Defense Perspectives on International Criminal Justice Author Colleen Rohan
ISBN-10 9781108161640
Release 2017-04-27
Pages
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This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.



The Emerging Practice of the International Criminal Court

The Emerging Practice of the International Criminal Court Author Carsten Stahn
ISBN-10 9789004166554
Release 2009
Pages 770
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The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.



The Principle of Complementarity in International Criminal Law

The Principle of Complementarity in International Criminal Law Author Mohamed M. El Zeidy
ISBN-10 9789004166936
Release 2008
Pages 366
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Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.



International Criminal Law

International Criminal Law Author Alexander Zahar
ISBN-10 0406959048
Release 2008
Pages 530
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International Criminal Law is an essential guide to the relatively recent, but rapidly growing field of international criminal justice. Written by leading practitioner-academics directly involved with the International Criminal Tribunals, this book provides students with an invaluable insight into the key features of international criminal law and practice. Zahar and Sluiter offer an analysis of the tribunals' place in the international legal order and the most important aspects of their substantive law and procedure from an entirely new and critical perspective. Legal doctrines are discussed throughout in relation to their application in real-life situations, encouraging students to engage critically with the subject and relate theory to practice. An ideal companion for students of international criminal law and justice who are seeking an insider's perspective on the subject, this book also offers practitioners, academics and policy-makers a clear and challenging account of the new legal landscape.



Justice for Victims before the International Criminal Court

Justice for Victims before the International Criminal Court Author Luke Moffett
ISBN-10 9781317910817
Release 2014-06-27
Pages 308
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Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.



National Security and International Criminal Justice

National Security and International Criminal Justice Author Herwig Roggemann
ISBN-10 9041118160
Release 2002-04-24
Pages 230
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USA. By Stephen C. Thaman.



Cooperation and the International Criminal Court

Cooperation and the International Criminal Court Author Olympia Bekou
ISBN-10 9789004304475
Release 2016-04-25
Pages 448
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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.