The Jurisdiction of the International Criminal Court

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Release : 2019-11-23
Genre : Law
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Book Rating : 261/5 ( reviews)

The Jurisdiction of the International Criminal Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Jurisdiction of the International Criminal Court write by Victor Tsilonis. This book was released on 2019-11-23. The Jurisdiction of the International Criminal Court available in PDF, EPUB and Kindle. The book provides a holistic examination of the jurisdiction of the International Criminal Court (ICC). The main focus is placed on the three pillars which form the ICC’s foundation pursuant to the Rome Statute: the preconditions to the exercise of its jurisdiction (Article 12 Rome Statute) the substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression) the principle of complementarity (Article 17§1 (a) Rome Statute) The latter governs the ICC's ‘ultimate jurisdiction’, since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution. Finally yet importantly, the main ‘negative preconditions’ for the Court’s jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature.

The Territorial Jurisdiction of the International Criminal Court

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Release : 2014-10-16
Genre : Law
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Book Rating : 272/5 ( reviews)

The Territorial Jurisdiction of the International Criminal Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Territorial Jurisdiction of the International Criminal Court write by Michalēs Vagias. This book was released on 2014-10-16. The Territorial Jurisdiction of the International Criminal Court available in PDF, EPUB and Kindle. Michael Vagias analyses the law and procedure surrounding the territorial jurisdiction of the International Criminal Court.

The International Criminal Court – An International Criminal World Court?

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Release : 2018-05-31
Genre : Law
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Book Rating : 158/5 ( reviews)

The International Criminal Court – An International Criminal World Court? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The International Criminal Court – An International Criminal World Court? write by Sarah Babaian. This book was released on 2018-05-31. The International Criminal Court – An International Criminal World Court? available in PDF, EPUB and Kindle. 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.

The International Criminal Court in Search of its Purpose and Identity

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Release : 2014-11-27
Genre : Law
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Book Rating : 09X/5 ( reviews)

The International Criminal Court in Search of its Purpose and Identity - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The International Criminal Court in Search of its Purpose and Identity write by Triestino Mariniello. This book was released on 2014-11-27. The International Criminal Court in Search of its Purpose and Identity available in PDF, EPUB and Kindle. The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.

The African Criminal Court

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Release : 2016-11-29
Genre : Law
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Book Rating : 507/5 ( reviews)

The African Criminal Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The African Criminal Court write by Gerhard Werle. This book was released on 2016-11-29. The African Criminal Court available in PDF, EPUB and Kindle. 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.