Download or read book A Brief History of International Criminal Law and International Criminal Court written by Cenap Çakmak and published by Springer. This book was released on 2017-05-29 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a historical presentation of how international criminal law has evolved from a national setting to embodying a truly international outlook. As a growing part of international law this is an area that has attracted growing attention as a result of the mass atrocities and heinous crimes committed in different parts of the world. Çakmak pays particular attention to how the first permanent international criminal court was created and goes on to show how solutions developed to address international crimes have remained inadequate and failed to restore justice. Calling for a truly global approach as the only real solution to dealing with the most severe international crimes, this text will be of great interest to scholars of criminal justice, political science, and international relations.
Download or read book The Legislative History of the International Criminal Court 2 vols written by M. Cherif Bassiouni and published by BRILL. This book was released on 2016-10-13 with total page 1621 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations.
Download or read book Histories Written by International Criminal Courts and Tribunals written by Aldo Zammit Borda and published by Springer Nature. This book was released on 2020-12-18 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court. The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor’s expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events, what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology. Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs. Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK.
Download or read book The New Histories of International Criminal Law written by Immi Tallgren and published by Oxford University Press. This book was released on 2019-03-21 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.
Download or read book An Introduction to the International Criminal Court written by William A. Schabas and published by . This book was released on 2004 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court ushers in a new era in the protection of human rights. The ICC prosecutes genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. Schabas reviews the history of international criminal prosecution, the drafting of the Rome Statute of the International Criminal Court and the principles of its operation, including the scope of its jurisdiction and the procedural regime. This revised edition considers the court's start-up preparations, including election of judges and prosecutor. It also addresses the difficulties created by US opposition, and analyses the various measures taken by Washington to obstruct the Court. Three of the Court's fundamental documents - the 1998 Rome Statute, the Rules of Procedure and Evidence, and the Elements of Crimes - are reproduced in the Appendix. Indispensable for students and practitioners.
Download or read book Historical Origins of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-11-19 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Legislative History of the International Criminal Court Introduction Analysis and Integrated Text 3 vols written by M. Cherif Bassiouni and published by BRILL. This book was released on 2021-10-25 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the preparatory Commission (1998-2000). Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This documentation constitutes the most comprehensive treatment available of the ICC's applicable law. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC. Each article of the Rome Statute is presented chronologically, along with all its prior versions. These versions comprise the texts transmitted between the Drafting Committee and the Committee of the Whole at the Rome Diplomatic Conference; the text proposed by the 1998 Preparatory Committee on the Establishment of an ICC; the text completed by the Intersessional meeting in Zutphen; the text proposed by the 1995 Ad Hoc Committee on the Establishment of an International Criminal Court; the text proposed by the International Law Commission in 1994. It also contains government proposals made during the 1995-1998 sessions of the Ad Hoc and Preparatory Committees, most of which have not been made public documents. This organization of the legislative history permits the reader to see the complete textual evolution of each article. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this three-volume publication unmatched for completeness and ease of use. Published under the Transnational Publishers imprint.
Download or read book The Law Book written by Michael H. Roffer and published by Union Square & Co.. This book was released on 2015-11-03 with total page 1262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Which was the last country to abolish slavery? Which is the only amendment to the U.S. Constitution ever to be repealed? How did King Henry II of England provide a procedural blueprint for criminal law? These are just a few of the thought-provoking questions addressed in this beautifully illustrated book. Join author Michael H. Roffer as he explores 250 of the most fundamental, far-reaching, and often-controversial cases, laws, and trials that have profoundly changed our world—for good or bad. Offering authoritative context to ancient documents as well as today’s hot-button issues, The Law Book presents a comprehensive look at the rules by which we live our lives. It covers such diverse topics as the Code of Hammurabi, the Ten Commandments, the Trial of Socrates, the Bill of Rights, women’s suffrage, the insanity defense, and more. Roffer takes us around the globe to ancient Rome and medieval England before transporting us forward to contemporary accounts that tackle everything from civil rights, surrogacy, and assisted suicide to the 2000 U.S. presidential election, Google Books, and the fight for marriage equality. Organized chronologically, the entries each consist of a short essay and a stunning full-color image, while the “Notes and Further Reading” section provides resources for more in-depth study. Justice may be blind, but this collection brings the rich history of the law to light.
Download or read book Introduction to International Criminal Law written by M. Cherif Bassiouni and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 1259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.
Download or read book The International Criminal Court written by Andrew Novak and published by Springer. This book was released on 2015-03-11 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.
Download or read book An Introduction to the International Criminal Court written by William A. Schabas and published by Cambridge University Press. This book was released on 2017-01-11 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court ushered in a new era in the protection of human rights. The Court prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression when national justice systems are either unwilling or unable to do so themselves. This fifth edition of the seminal text describes a Court which is no longer in its infancy; the Court is currently examining situations that involve more than twenty countries in every continent of the planet. This book considers the difficulties in the Court's troubled relationship with Africa, the vagaries of the position of the United States, and the challenges the Court may face as it confronts conflicts around the world. It also reviews the history of international criminal prosecution and the Rome Statute. Written by a leading commentator, it is an authoritative and up-to-date introduction to the legal issues involved in the creation and operation of the Court.
Download or read book The International Criminal Court written by Young Sok Kim and published by . This book was released on 2010-04 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended to analyze and evaluate the Statute of the International Criminal Court which was newly created at the United Nations Diplomatic Conference in Rome, Italy on 17 July 1998 (The Rome Conference or the Conference). The book addresses a host of difficult questions and common questions the new permanent International Criminal Court (The ICC or The Court) can raise and possible answers to those questions. This book also records the legislative histories of each article of the ICC Statute and evaluates legal ramifications of the Statute. Even though the United States Government has argued the Rome Statute violates the law of treaties and is not consistent with international law, the author tries to prove that the Rome Statute does not violate the law of treaties and is consistent with international law. The Rome Statute is invaluable in that it codifies the present international law and international criminal law and procedure. The Statute, which was supported by 120 states in the world, summarize the present treaty law, customary international law and general principles of law, even though some contents of the Statute were watered down by some states.The author participated in the process for the adoption of the Rome Statute as a member of the Korean Delegation to the Rome Diplomatic Conference. Korea submitted a very important proposal on the jurisdiction of the Court, which the author was involved in, and tried to bridge the gaps between the U.S position and various other states' positions. On the basis of his own reservations and experiences at the Rome Conference, the author thinks the Rome Statute has delicate balances among various interests of countries and will be a great weapon for the World to fight with against the most heinous international crimes: genocide, crimes against humanity, war crimes and crimes of aggression.Therefore, this book is an insider's observation and a legislative history of the Rome Statute. However, the views appearing in this book are not those of the Korean Government, but solely those of the author as an international law scholar and a participant in the Rome Conference.Contents: 1. Introduction; 2. Commentary on articles of the Rome statute: Part 1: Establishment of the Court; Part 2: Jurisdiction, admissibility and applicable law; Part 3: General principles of criminal law; Part 4: Composition and administration of the court; Part 5: Investigation and prosecution; Part 6: The trial; Part 7: Penalties; Part 8: Appeal and revision; Part 9: International cooperation and judicial assistance; Part 10: Enforcement; Part 11: Assembly of states parties; Part 12: Financing; Part 13: Final clausesDr. Young Sok Kim has a B.A. (Law) and M.A. (Law) from Seoul National University, Seoul, Korea and an LL.M and J.S.D. (Doctor of the Science of Law) from the University of Illinois at Urbana-Champaign, Illinois, U.S.A. He was the Deputy Director of Treaties Division I of the Korean Foreign Ministry, Seoul, Korea and is currently Assistant Professor of International Law in the Division of Law of the AJOU University, Suwon, Korea. In 1998, heparticipated in the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court in Rome (the ""Rome Conference"") as a member of the South Korean Delegation. Since the Rome Conference, he has continued to participate in the sessions of the UN Preparatory Commission for the Establishment of the International Criminal Court as a member of the South Korean Delegation. He is activelyconducting research and writing articles related to the International Criminal Court, both in Korea and internationally.
Download or read book Principles of International Criminal Law written by Gerhard Werle and published by OUP Oxford. This book was released on 2014-08-14 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.
Download or read book The International Criminal Court at the Mercy of Powerful States written by Res Schuerch and published by Springer. This book was released on 2017-07-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.
Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Download or read book The Statute of the International Criminal Court written by M. Cherif Bassiouni and published by . This book was released on 1998 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: 83/2/Add. 1, Criminal Court,1998)
Download or read book Historical Origins of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-11-19 with total page 845 pages. Available in PDF, EPUB and Kindle. Book excerpt:
