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Author: Heba Yehia Abdel Megeed
Publisher:
ISBN:
Category :
Languages : en
Pages : 94
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Book Description
Abstract: The International Criminal Court (‘the ICC’), located in the Hague, Netherlands, the first permanent court tasked with prosecuting the most severe crimes happening internationally. It is critical to assess the effectiveness of the ICC while in reality, there is no consensus on the criteria that should be employed to that end. There are no standards that its stakeholders and observers can refer or agree to in order to assess the Court’s effectiveness. The purpose of this research is to develop a new approach to this issue. It proposes to use the approaches of Organizational Effectiveness Theory in order to gain a much firmer grasp of the issue. The research analyses the ICC through the prism of international governmental organizations, merely one monograph has attempted to use this theory in assessing the effectiveness of international courts. This research utilizes the four main approaches of Organizational Effectiveness Theory, namely the Goal Approach, the System Recourse Approach, the Strategic Consistency Approach and the Contradiction Approach. However, this is not an empirical study of the ICC, but rather an evaluation the relevance of each approach in assessing the effectiveness of the ICC. According to the current analysis, not all of the main organizational effectiveness theory approaches are sufficiently relevant. It concludes that the contradictions approach is the most relevant since it offers the possibility to overcome the main limitations of the other approaches. The research contends that observers can best assess the ICC by evaluating its ability to maintain the required balance among its contradicting interests that guarantees its survival. The conclusion that the contradictions approach should be employed in assessing the ICC as soon as there is an agreement in relation to the Court’s basic performance indicator.
Author: Heba Yehia Abdel Megeed
Publisher:
ISBN:
Category :
Languages : en
Pages : 94
Get Book Here
Book Description
Abstract: The International Criminal Court (‘the ICC’), located in the Hague, Netherlands, the first permanent court tasked with prosecuting the most severe crimes happening internationally. It is critical to assess the effectiveness of the ICC while in reality, there is no consensus on the criteria that should be employed to that end. There are no standards that its stakeholders and observers can refer or agree to in order to assess the Court’s effectiveness. The purpose of this research is to develop a new approach to this issue. It proposes to use the approaches of Organizational Effectiveness Theory in order to gain a much firmer grasp of the issue. The research analyses the ICC through the prism of international governmental organizations, merely one monograph has attempted to use this theory in assessing the effectiveness of international courts. This research utilizes the four main approaches of Organizational Effectiveness Theory, namely the Goal Approach, the System Recourse Approach, the Strategic Consistency Approach and the Contradiction Approach. However, this is not an empirical study of the ICC, but rather an evaluation the relevance of each approach in assessing the effectiveness of the ICC. According to the current analysis, not all of the main organizational effectiveness theory approaches are sufficiently relevant. It concludes that the contradictions approach is the most relevant since it offers the possibility to overcome the main limitations of the other approaches. The research contends that observers can best assess the ICC by evaluating its ability to maintain the required balance among its contradicting interests that guarantees its survival. The conclusion that the contradictions approach should be employed in assessing the ICC as soon as there is an agreement in relation to the Court’s basic performance indicator.
Author: Yuval Shany
Publisher: OUP Oxford
ISBN: 0191640212
Category : Law
Languages : en
Pages : 354
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Book Description
Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Court, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.
Author: Yuval Shany
Publisher: Oxford University Press, USA
ISBN: 0199643296
Category : Law
Languages : en
Pages : 354
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Book Description
During the last 20 years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.
Author: Theresa Squatrito
Publisher: Cambridge University Press
ISBN: 1108604889
Category : Law
Languages : en
Pages : 471
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Book Description
International courts and tribunals now operate globally and in several world regions, playing significant roles in international law and global governance. However, these courts vary significantly in terms of their practices, procedures, and the outcomes they produce. Why do some international courts perform better than others? Which factors affect the outcome of these courts and tribunals? The Performance of International Courts and Tribunals is an interdisciplinary study featuring approaches, methods and authorship from law and political science, which proposes the concept of performance to describe the processes and outcomes of international courts. It develops a framework for evaluating and explaining performance by offering a broad comparative analysis of international courts, covering several world regions and the areas of trade, investment, the environment, human rights and criminal law, and offers interdisciplinary accounts to explain how and why international court performance varies.
Author: Res Schuerch
Publisher: Springer
ISBN: 9462651922
Category : Law
Languages : en
Pages : 309
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Book Description
This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.
Author: George El Meouchy
Publisher:
ISBN:
Category : Criminal jurisdiction
Languages : en
Pages : 276
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Book Description
The formation of the International Criminal Court (ICC) has been hailed as one of the most significant developments and achievements toward the goal of achieving peace and justice for humality. The birth of this permanent international court has been very tedious and difficult, not to mention controversial. It is yet to be seen how the ICC will function and carry out its duties under the existing climate of political, security and legal apprehension. The objectives of my thesis are first to present a historical background made to establish the different International criminal Courts with an evaluation of previous successes and failures ; second to highlight the process that enventually led to the formation of the ICC through the Rome Statute that was initiated in 1998 ; third to describe the organization of the ICC and its structure ; to discuss the potentials of the court, its objectives in detail ; and fourth to discuss and analyze the future outlooks under current controversies and dilemmas, specifically the objections of the United States to the operation of the court, the various approaches used by States to deal with the legal and constitutional demands of the court, and the expected role that the ICC will play in the evolution of human history. Evidently, the ICC has barely started functioning and it will be fairly impossible to access its performance, but the fact that the International community has finally come to agree on the formation of such a court is reason enough to believe that international law will play a more significant role in attaining world order, peace and justice than any previous time in history.
Author: Karim A. A. Khan
Publisher:
ISBN: 0199588929
Category : Law
Languages : en
Pages : 876
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Book Description
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.
Author: Linda E. Carter
Publisher: Edward Elgar Publishing
ISBN: 178471982X
Category : Law
Languages : en
Pages : 376
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Book Description
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.
Author: Christine Schwöbel
Publisher: Routledge
ISBN: 1317929217
Category : Law
Languages : en
Pages : 305
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Book Description
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.
Author: Nienke Grossman
Publisher: Cambridge University Press
ISBN: 1108540228
Category : Law
Languages : en
Pages : 397
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Book Description
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
