Author: Aleksandra Nieprzecka
Publisher: Springer Nature
ISBN: 9462656231
Category :
Languages : en
Pages : 542

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Author: Mark Klamberg
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283481010
Category : Law
Languages : en
Pages : 819

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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: Aleksandra Nieprzecka
Publisher: T.M.C. Asser Press
ISBN: 9789462656222
Category : Law
Languages : en
Pages : 0

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Book Description
This book centres on the forms of participation in crime set out in the Rome Statute, but it is definitely not a simple repetition or summary of the views expressed in the ICC case law. Instead, the work critically elaborates on the ICC practice and presents a theoretical and dogmatic description of modes of criminal responsibility that might be found in the Statute. The element of novelty is however brought about by the methodology, which encompasses a normative analysis based on the distinction between the categories of sanctioned and sanctioning norms initially introduced by K. Binding in the German doctrine, but for the purposes of this book adjusted to the structure of international core crimes and reconciling them with the grounds for criminal responsibility as such. Moreover, the work does not avoid bold assertions concerning the norms of participation in crime concerning inter alia the concept of spectator or public approval and/or direct incitement to genocide. This approach should be of particular interest to those who are under the impression that international criminal law is entangled in a multiplicity of labels and the judicial practice sometimes adopts the same requirements without any further thought or analysis. The book aims to trigger a broader debate on the merits and rationale of participation in crime and encourages readers to rethink some of the concepts developed within judicial practice. The work also takes into consideration the ICC case law, in particular some tendencies that might be inferred from the separate and concurring opinions in the Ntaganda case. All in all, it endeavours to reflect on the content of Article 25 (3) and 28 of the Rome Statute and provide an answer on how ICC practice might and perhaps should evolve further. Aleksandra Nieprzecka, Ph.D. is a member of the Polish Bar Association in Kraków and worked as a principal researcher in the project concerning the model of participation in crime adopted in the Rome Statute carried out at the Jagiellonian University in Kraków where she finished her doctoral studies according to the co-tutelle agreement between the Jagiellonian University in Kraków and the University of Hamburg.

Author: Claus Kreß
Publisher: Cambridge University Press
ISBN: 1108107494
Category : Law
Languages : en
Pages :

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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: Michalēs Vagias
Publisher: Cambridge University Press
ISBN: 1107034272
Category : Law
Languages : en
Pages : 379

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Michael Vagias analyses the law and procedure surrounding the territorial jurisdiction of the International Criminal Court.

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: Kathrin Strobel
Publisher: BRILL
ISBN: 9004462589
Category : Law
Languages : en
Pages : 302

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This book presents the first comprehensive study of international criminal jurisdiction over organized crime and demonstrates the potential of international law to bring leaders of cartels and trafficking rings to justice.

Author: Iryna Marchuk
Publisher: Springer Science & Business Media
ISBN: 3642282466
Category : Law
Languages : en
Pages : 311

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Book Description
This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Author:
Publisher:
ISBN:
Category : Criminal jurisdiction
Languages : en
Pages : 194

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Book Description
The Rome Statute establishing the International Criminal Court (ICC or Court) entered into force on July 1, 2002. With the Court now established and developing a track record of engagement in situations, such as Darfur, that are of great interest to the United States, it seemed that there might be important ways in which the United States might engage and support the Court, whether joining it or short of joining it. This Task Force has undertaken such a review, hearing from more than a dozen experts and officials representing a variety of perspectives on the ICC. Our conclusion, detailed in the recommendations in this report, is that the United States should announce a policy of positive engagement with the Court, and that this policy should be reflected in concrete support for the Court's efforts and the elimination of legal and other obstacles to such support. The Task Force does not recommend U.S. ratification of the Rome Statute at this time. But it urges engagement with the ICC and the Assembly of States Parties in a manner that enables the United States to help further shape the Court into an effective accountability mechanism. The Task Force believes that such engagement will also facilitate future consideration of whether the United States should join the Court.