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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: 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: Linda E. Carter
Publisher:
ISBN: 9781784719814
Category : International criminal courts
Languages : en
Pages : 0
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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: Carsten Stahn
Publisher: BRILL
ISBN: 9004166556
Category : Political Science
Languages : en
Pages : 793
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Book Description
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.
Author: Holly Cullen
Publisher: BRILL
ISBN: 9004372490
Category : Law
Languages : en
Pages : 407
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Book Description
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Author: Cedric Ryngaert
Publisher:
ISBN:
Category : Complementarity (International law)
Languages : en
Pages : 316
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Book Description
"This volume is an offshoot of the research activities of working group II ('international criminal tribunals') of the European Science Foundation's COST A28 Action on Human Rights, Peace and Security in EU Foreign Policy"--Page v.
Author: Sarah M. H. Nouwen
Publisher: Cambridge University Press
ISBN: 1107010780
Category : Law
Languages : en
Pages : 529
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Book Description
"This book follows as LAW"--
Author: Linda Carter
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 828348186X
Category : Law
Languages : en
Pages : 483
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Book Description
This anthology offers case studies on the deterrent effect of international criminal tribunals in ten situations, six of which are International Criminal Court situations. The case studies cover four different international tribunals. This gives a new comparative perspective on the impact of international criminal law since the early 1990s. The book seeks to contribute to an important discourse on deterrence: on how international criminal tribunals can assist in a global, co-operative effort to prevent core international crimes. Thirteen authors draw on both quantitative and qualitative factors to assess the rise and fall of criminality and perceptions of deterrence amongst a wide variety of respondents. The studies are based on first-hand information where feasible. They are multi-disciplinary and holistic. Apart from the two editors, the book has contributions by Evelyne Owiye Asaala, Olivia Bueno, Dafi na Bucaj, Seydou Doumbia, Mackline Ingabire, Kasande Sarah Kihika, Sladjana Lazic, Sharanjeet Parmar, Kounkin Augustin Som and Eleanor D. Thompson. It presents concrete findings and recommendations to inform future work of international criminal tribunals including the International Criminal Court.
Author: Joanna Nicholson
Publisher: BRILL
ISBN: 9004343776
Category : Law
Languages : en
Pages : 383
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Book Description
International criminal law is experiencing a time of uncertainty and flux. There is increasing doubt surrounding where the international criminal justice project is heading. The contributions in this multi-disciplinary volume take stock of the situation and explore ways in which the validity of international criminal tribunals can be strengthened as the field of international criminal justice moves into a more uncertain future. Areas considered include: shaping the aims and aspirations of international criminal tribunals; increasing the effectiveness and legality of substantive international criminal law; improving certain processes and procedures of international criminal tribunals; improving relationships between international criminal tribunals and other organisations; and building trust between international criminal tribunals and African states.
Author: Göran Sluiter
Publisher: Oxford University Press
ISBN: 0199658021
Category : History
Languages : en
Pages : 1720
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Book Description
"The ambitious aim of the work is to create a guiding framework for international criminal procedural law and practices in the future. As explained by the working groups, the overarching objective of the project is to assist the challenge of delivering fair but also effective trials". -- FOREWORD.
Author: Sarah Babaian
Publisher: Springer
ISBN: 3319780158
Category : Law
Languages : en
Pages : 216
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Book Description
This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court’s strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute’s provisions and its practical implementation through States’ practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC’s judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.
