UN Security Council Referrals to the International Criminal Court PDF Download
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Author: Alexandre Skander Galand
Publisher: BRILL
ISBN: 9004342214
Category : Law
Languages : en
Pages : 278
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Book Description
This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.
Author: Alexandre Skander Galand
Publisher: BRILL
ISBN: 9004342214
Category : Law
Languages : en
Pages : 278
Get Book Here
Book Description
This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.
Author: Gabriel M. Lentner
Publisher: Edward Elgar Publishing
ISBN: 1788117328
Category : Law
Languages : en
Pages : 236
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Book Description
Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centred on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations.
Author: Michael Wood
Publisher: Cambridge University Press
ISBN: 1108483496
Category : Law
Languages : en
Pages : 251
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Book Description
Explores the legal powers, limits and potential of the often misunderstood but highly important United Nations Security Council.
Author: Mark Kersten
Publisher: Oxford University Press
ISBN: 0191082945
Category : Law
Languages : en
Pages : 273
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Book Description
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Author: Vereinte Nationen International Law Commission
Publisher:
ISBN: 9789211337631
Category :
Languages : en
Pages : 428
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Book Description
Author: Jared Genser
Publisher: Cambridge University Press
ISBN: 1107040078
Category : Law
Languages : en
Pages : 545
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Book Description
The first comprehensive look at the human rights dimensions of the work of the only UN body capable of compelling action by its member states.
Author: Marlies Glasius
Publisher: Routledge
ISBN: 1134315678
Category : Law
Languages : en
Pages : 177
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Book Description
A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?
Author: Christopher Rudolph
Publisher: Cornell University Press
ISBN: 1501708414
Category : Political Science
Languages : en
Pages : 222
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Book Description
On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.
Author: Oumar Ba
Publisher: Cambridge University Press
ISBN: 1108806082
Category : Law
Languages : en
Pages : 207
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Book Description
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
Author: Pavel Šturma
Publisher: BRILL
ISBN: 9004387552
Category : Law
Languages : en
Pages : 266
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Book Description
The Rome Statute of the ICC at its Twentieth Anniversary (Achievements and Perspectives) is an edited book comprising of 13 chapters written by contributors to a conference dedicated to discuss the development, achievements and possible future evolution of the Rome Statute and international criminal law. The authors include academics from various legal systems, practitioners from the ICC and the Special Tribunal for Lebanon, attorneys and other law experts. The International Criminal Court is the first universal international criminal tribunal. Though quite new, as the Rome Statute was adopted 20 years ago (1998) and only 16 years have passed since its entry into force, it has already developed interesting case-law and continues to elaborate on both substantive and procedural international criminal law. Contributors are Ivana Hrdličková, Claus Kreß, Tamás Lattmann, Jan Lhotský, Milan Lipovský, Iryna Marchuk, Josef Mrázek, Anna Richterová, Simon De Smet, Ondřej Svaček, Pavel Šturma, Kateřina Uhlířová, Kristýna Urbanová, Aloka Wanigasuriya.
