Why the question of the sufficiency of gravity in the Rome Statute remains problematic PDF Download
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Author: Milton Owuor
Publisher: GRIN Verlag
ISBN: 3346749908
Category : Law
Languages : en
Pages : 20
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Book Description
Academic Paper from the year 2022 in the subject Law - European and International Law, Intellectual Properties, grade: 2.0, , language: English, abstract: The requirement of 'sufficient gravity', as one of the bases to determine the admissibility threshold for cases under the jurisdiction of the International Criminal Court (ICC), is a matter that has generated considerable scholarly discourse. The concept of gravity threshold is incredibly critical at almost every stage of the proceedings under the Rome Statute, before the ICC. It has been argued that gravity is an important factor in determining which situations should be authorized by the court for investigation, which suspects should be arraigned before the court for trial, and what sentence should be imposed on the individuals convicted of violations of Rome Statute crimes.
Author: Milton Owuor
Publisher: GRIN Verlag
ISBN: 3346749908
Category : Law
Languages : en
Pages : 20
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Book Description
Academic Paper from the year 2022 in the subject Law - European and International Law, Intellectual Properties, grade: 2.0, , language: English, abstract: The requirement of 'sufficient gravity', as one of the bases to determine the admissibility threshold for cases under the jurisdiction of the International Criminal Court (ICC), is a matter that has generated considerable scholarly discourse. The concept of gravity threshold is incredibly critical at almost every stage of the proceedings under the Rome Statute, before the ICC. It has been argued that gravity is an important factor in determining which situations should be authorized by the court for investigation, which suspects should be arraigned before the court for trial, and what sentence should be imposed on the individuals convicted of violations of Rome Statute crimes.
Author: Mark Klamberg
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283481010
Category : Law
Languages : en
Pages : 819
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Book Description
Author: M. Cherif Bassiouni
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 840
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Book Description
83/2/Add. 1, Criminal Court,1998)
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: Claus Kreß
Publisher: Cambridge University Press
ISBN: 1108107494
Category : Law
Languages : en
Pages :
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Book Description
The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.
Author: Laura Ausserladscheider Jonas
Publisher: BRILL
ISBN: 900447093X
Category : Law
Languages : en
Pages : 256
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Book Description
Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Author: Carsten Stahn
Publisher: Cambridge University Press
ISBN: 1316139506
Category : Law
Languages : en
Pages : 1293
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Book Description
This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.
Author: Dawn Rothe
Publisher: Lexington Books
ISBN: 9780739111864
Category : Law
Languages : en
Pages : 252
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Book Description
This book explores the historical origins of the court and provides and examination of the basic structure and functioning of the court. Rothe and Mullins offer a detailed critique of procedural, conceptual, and practical elements of the ICC through the lens of critical criminological theory and research and identify several problems with the design and proposed implementation of the ICC.
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: Gerhard Werle
Publisher: Springer
ISBN: 9462651507
Category : Law
Languages : en
Pages : 349
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Book Description
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
