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Author: Katherine Kim Lee
Publisher:
ISBN:
Category : Genocide
Languages : en
Pages : 55
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Book Description
The International Criminal Court issued an arrest warrant for Sudanese President Omar al-Bashir in March 2009 for crimes against humanity and war crimes, with the possibility of genocide included in response to the atrocities that have occurred in Darfur. By issuing an arrest warrant for a current head-of-state, the International Criminal Court took a large step forward in exercising its jurisdiction in order to pursue justice. Opponents of the arrest warrant, however, argued that the arrest warrant will hamper the prospective for peace in Darfur and demanded that the United Nations defer the arrest warrant by utilizing Article 16 of the Rome Statute. Conversely, advocates of the arrest warrant determined that the pursuit of peace will not be achieved without justice. The purpose of this present thesis is to carefully layout the background of the arrest warrant from the very beginning in order to fully examine the steps towards this decision and what this arrest warrant entails for Darfur. The history of the conflict in Darfur, in addition to the creation of the International Criminal Court and its foundations such as universal jurisdiction is examined followed by the legal steps towards the arrest warrant. This thesis will propose that despite the validity of trying to lower the impact of harm in Darfur by deferring the arrest warrant, justice should be pursued for long-term peace prospects. President al-Bashir is playing with the lives of his own people in order to sway the international community to defer the arrest warrant, rather than attempting to stop the atrocities in Darfur. Therefore, despite the valid arguments to defer the arrest warrant, justice needs to be forcefully enacted in order to bring lasting peace to Darfur.
Author: Katherine Kim Lee
Publisher:
ISBN:
Category : Genocide
Languages : en
Pages : 55
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Book Description
The International Criminal Court issued an arrest warrant for Sudanese President Omar al-Bashir in March 2009 for crimes against humanity and war crimes, with the possibility of genocide included in response to the atrocities that have occurred in Darfur. By issuing an arrest warrant for a current head-of-state, the International Criminal Court took a large step forward in exercising its jurisdiction in order to pursue justice. Opponents of the arrest warrant, however, argued that the arrest warrant will hamper the prospective for peace in Darfur and demanded that the United Nations defer the arrest warrant by utilizing Article 16 of the Rome Statute. Conversely, advocates of the arrest warrant determined that the pursuit of peace will not be achieved without justice. The purpose of this present thesis is to carefully layout the background of the arrest warrant from the very beginning in order to fully examine the steps towards this decision and what this arrest warrant entails for Darfur. The history of the conflict in Darfur, in addition to the creation of the International Criminal Court and its foundations such as universal jurisdiction is examined followed by the legal steps towards the arrest warrant. This thesis will propose that despite the validity of trying to lower the impact of harm in Darfur by deferring the arrest warrant, justice should be pursued for long-term peace prospects. President al-Bashir is playing with the lives of his own people in order to sway the international community to defer the arrest warrant, rather than attempting to stop the atrocities in Darfur. Therefore, despite the valid arguments to defer the arrest warrant, justice needs to be forcefully enacted in order to bring lasting peace to Darfur.
Author: Ammar Mahmoud
Publisher: Anchor Academic Publishing
ISBN: 3960671792
Category : Law
Languages : en
Pages : 77
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Book Description
This book considers the relationship between the International Criminal Court (ICC) and the United Nations Security Council (UNSC) under three major aspects: triggering the jurisdiction of the Court when the Security Council adopts a resolution requesting that under Article 13 (b) of the Rome Statute; delaying the Court’s action by UNSC according to Article 16 of the Rome Statute; and the cooperation between the two institutions in cases where the Council refers to the Court situations, and also with regard to state-party referrals, and situations initiated proprio motu by the Prosecutor. The book analyzes this relationship according to Resolution 1593 (2005) by which the Security Council assigned the situation in Darfur to the Court. It highlights the main flaws of this Resolution, and discusses the African Union’s position towards the Court.
Author: Philipp Kastner
Publisher: Martinus Nijhoff Publishers
ISBN: 900419312X
Category : Law
Languages : en
Pages : 205
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Book Description
By analysing the involvement of the International Criminal Court in northern Uganda and Darfur, this book argues that the primary mandate of the ICC seems to have unduly shifted from fighting impunity to influencing politics in the context of ongoing armed conflicts.
Author: Rebecca Hamilton
Publisher: Macmillan + ORM
ISBN: 0230112404
Category : Political Science
Languages : en
Pages : 274
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Book Description
Around the world, millions of people have added their voices to protest marches and demonstrations because they believe that, together, they can make a difference. When we failed to stop the genocide in Rwanda in 1994, we promised to never let such a thing happen again. But nine years later, as news began to trickle out of killings in western Sudan, an area known as Darfur, the international community again faced the problem of how the United Nations and the United States government could respond to mass atrocity. Rebecca Hamilton passionately narrates the six-year grassroots campaign to draw global attention to the plight of Darfur's people. From college students who galvanized entire university campuses in the belief that their outcry could save millions of Darfuris still at risk, to celebrities such as Mia Farrow, who spurred politicians to act, to Steven Spielberg, who boycotted the 2008 Summer Olympics in Beijing, Hamilton details how advocacy for Darfur was an exuberant, multibillion-dollar effort. She then does what no one has done to date: she takes us into the corridors of power and the camps of Darfur, and reveals the impact of ordinary people's fierce determination to uphold the mantra of "never again." Fighting for Darfur weaves a gripping story that both dramatizes our moral dilemma and shows the promise and perils of citizen engagement in a new era of global compassion.
Author: Nidal Nabil Jurdi
Publisher: Routledge
ISBN: 1317027302
Category : Law
Languages : en
Pages : 332
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Book Description
This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.
Author: Tim Allen
Publisher:
ISBN: 9781848135338
Category :
Languages : en
Pages : 0
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Book Description
The International Criminal Court (ICC) has run into serious problems, with its first big case - the situation in northern Uganda - and more recently with its warrant for the arrest of the President of Sudan for alleged crimes against humanity in Darfur, and also the deteriorating situation in the Democratic Republic of Congo. This new and fully updated edition of Tim Allen's groundbreaking book assesses the continuing controversy surrounding the ICC and the recent events that have added fuel to the debate.There is no doubt that appalling crimes have occurred in Uganda, DRC and Darfur, with many thousands systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations.While recognizing the difficulties involved, Allen shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened, demonstrating that criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in countries such as Uganda, DRC and Sudan have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.
Author: Gerhard Werle
Publisher: Springer
ISBN: 9462653038
Category : Law
Languages : en
Pages : 174
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Book Description
The chapters in this book are reworkings of presentations given during a conference held in 2018 at the German Embassy to the Netherlands in The Hague on the occasion of the 20th anniversary of the adoption of the Rome Statute. They provide an in-depth analysis of major points of contention the International Criminal Court (ICC) is currently facing, such as, inter alia, head of state immunities, withdrawal from the Rome Statute, the exercise of jurisdiction vis-à-vis third-party nationals, the activation of the Court’s jurisdiction regarding the crime of aggression, as well as the relationship of the Court with both the Security Council and the African Union, all of which are issues that have a continued relevance and carry a particular controversy. The collection provides insights from both practitioners, including judges of the ICC, and diplomats who participated in the negotiations leading to the adoption of the Rome Statute, as well as well-known academics from various parts of the world working in the field of international criminal law. The aim of the book is not only to inform and stimulate academic debate on the topic, but also to serve as an instrument for lawyers involved in the practice of international criminal law. Gerhard Werle is Professor at the Faculty of Law of the Humboldt-University in Berlin, Germany and Andreas Zimmermann is Professor at the Faculty of Law of the University of Potsdam in Germany. Jürgen Bering, who worked on this book as assistant editor, is an Associate at Dentons, Berlin and a PhD candidate at the Martin Luther University, Halle-Wittenberg, Germany.
Author: Gerhard Werle
Publisher: Springer
ISBN: 9462650292
Category : Law
Languages : en
Pages : 304
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Book Description
The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.
Author: Patrick S. Wegner
Publisher: Cambridge University Press
ISBN: 1316395421
Category : Law
Languages : en
Pages : 431
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Book Description
In recent decades, international courts have increasingly started investigating armed conflicts. However, the impact of this remains under-researched. Patrick S. Wegner closes this gap via a comprehensive analysis of the impact of the International Criminal Court in the Darfur and Lord's Resistance Army conflicts. He offers a fresh approach to peace and conflict studies, while avoiding the current quantitative focus of the literature and polarisation between critics and supporters of applying justice in conflicts. This is the first time that the impact of an international criminal court has been analysed in all its facets in two conflicts. The consequences of these investigations are much more complex and difficult to predict than most of the existing literature suggests. Recurrent claims, such as the deterrent effect of trials and the danger of blocking negotiations by the issuing of arrest warrants, are put to the test here with some surprising results.
Author: Francine R. A. Foote
Publisher:
ISBN: 9781109290301
Category : Electronic dissertations
Languages : en
Pages : 146
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Book Description
