Download or read book China and the International Criminal Court written by Dan Zhu and published by Springer. This book was released on 2018-02-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the evolving relationship between China and the International Criminal Court (ICC). It examines the substantive issues that have restricted China’s engagement with the ICC to date, and provides a comprehensive assessment of whether these Chinese concerns still constitute a significant impediment to China’s accession to the ICC in the years to come. The book places the China-ICC relationship within the wider context of China’s interactions with international judicial bodies, and uses the ICC as an example to reflect China’s engagement with international institutions and global governance in general. It seeks to offer a thought-provoking resource to international law and international relations scholars, legal practitioners, government legal advisers, and policy-makers about the nature, scope, and consequences of the relationship between China and the ICC, as well as its impact on both global governance and order. This book is the first of its kind to explore China’s engagement with the ICC primarily from a legal perspective.
Download or read book A Realist Perspective on China and the International Criminal Court written by XIAO Jingren and published by Torkel Opsahl Academic EPublisher. This book was released on 2013-07-17 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book No Place to Hide written by A. Elena Ursu and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-06-27 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On Discrepancy and Synergy Between China and the International Criminal Court written by QIAO Cong-rui and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-11-16 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The ICC and China written by Chenguang Zhao and published by . This book was released on 2017 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "A disconnection has historically existed between international and domestic justice. In China, international justice and domestic justice were long treated as two autonomous yet interconnected systems, akin to the concept of Yin and Yang. With the establishment of the International Criminal Court (ICC) in 2002, the two systems began to increasingly work in tandem. The principle of complementarity is one of the cornerstones of the ICC's architecture, according to which states have primary jurisdiction over the ICC. So long as the legal system of a state can efficiently investigate and prosecute the core international crimes prohibited in the Rome Statute, the ICC will not intervene. However, if a state is unwilling or unable to investigate and prosecute these crimes, the ICC will invoke the principle of complementarity to step in. Thus, the principle of complementarity has an impact on the national implementation of international criminal law, as well as on its exercise of jurisdiction in many aspects, including for third party states. As a third party state to the ICC, China has ratified a number of international conventions, including those on genocide and torture; China is therefore obliged to prosecute these international crimes by implementing these international conventions into national law. However, the core crimes have thus far not been incorporated into Chinese criminal law. This research work focuses on the possible impact of the principle of complementarity on the implementation of international criminal law in China as a third party state and the future prospects of the relationship between China and the ICC based on this analysis. By so doing, it aims to contribute to the discourse on complementarity for both scholars and practitioners."
Download or read book The ICC and China the principle of complementary and national implementation of international criminal law written by Chenguang Zhao and published by . This book was released on 2017 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prudence without Collateral Damage written by YANG Ken and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-06-27 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Issues of concern to China regarding the International Criminal Court written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: China has played a constructive role in the whole process of the establishment of ICC, including the Preparatory Committee for the Establishment of the ICC, the Roman Diplomatic Conference, and the subsequent Preparatory Committee for the ICC, making positive and significant contributions to its establishment and receiving widespread recognition in the international community. [...] According to the explanatory statement by the Chinese delegation at the vote on the Rome Statute, and the statement on "The Establishment of ICC" at the 53rd United Nations Assembly, our nation's major areas of concern over the ICC are primarily on the characteristics of the Court's jurisdiction, the power of the ICC Prosecutor to pursue self-initiated investigations, and some issues arising from [...] With respect to the procedure, the ICC prosecutor must first contact the chief prosecuting officer or the attorney-general of the state in question to confirm whether the state's justice system was actually unwilling to exercise its power to prosecute or to put the person to trial, or whether the exercise of such power is not credible. [...] If the majority of the judges of the court affirm the necessity to transfer that state's judicial jurisdiction over a certain case to the ICC, the state then has the right to appeal to the Court of Appeal. [...] It is therefore evident that in the relationship between the jurisdiction of the ICC and the criminal jurisdiction of the domestic court, the criminal jurisdiction of a sovereign state should have precedence over the criminal jurisdiction of the ICC; and the criminal jurisdiction of the ICC is complementary to the state criminal jurisdiction.
Download or read book China s Policy Towards the ICC Seen Through the Lens of the UN Security Council written by XUE Ru and published by Torkel Opsahl Academic EPublisher. This book was released on 2014-10-12 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Justice in Post Mao China written by Shao-chuan Leng and published by SUNY Press. This book was released on 1985-06-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the Peoples Republic of China. Chinas current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRCs first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese lawthe development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice systemsuch as the court, the procuracy, lawyers, and criminal procedureand the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with Chinas political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.
Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Download or read book Mens Rea at the International Criminal Court written by Geert-Jan Alexander Knoops and published by BRILL. This book was released on 2016-11-21 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume offers an overview of all aspects of mens rea that may surface before the International Criminal Court (ICC). The book commences with an introduction of the concept of mens rea and controversies concerning this concept before national courts and ad hoc tribunals. This is followed by an examination of the definitional elements of mens rea at the ad hoc tribunals. The mens rea requirements for the specific liability modes applied at the ad hoc tribunals will be examined. Subsequently, definitional aspects of mens rea at the ICC will be discussed, and in particular the mens rea requirements for the specific liability modes as provided for in the Rome Statute. Separate chapters will address the mens rea requirements for the crimes listed in the Rome Statute: war crimes, genocide, crimes against humanity and the crime of aggression, respectively. An analysis of customary international law or the standards promulgated by the ad hoc tribunals will be used as examples where the ICC case law is scarce. A specific chapter will be devoted to mens rea requirements for political speeches. In some cases, certain speeches have been said to be catalysts of international crimes. Therefore, it is relevant to examine how the accused’s intent was construed. The book will conclude with mens rea defenses in international criminal law, which will be specifically applied to the defenses listed in the Rome Statute.
Download or read book China the United States and the International Criminal Court written by J. Vos and published by . This book was released on 2009 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Introduction to the International Criminal Court written by William Schabas and published by Cambridge University Press. This book was released on 2007-10-18 with total page 15 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 Court will prosecute genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. This third revised edition considers the initial rulings by the Pre-Trial Chambers and the Appeals Chamber, and the cases it is prosecuting, namely, Democratic Republic of Congo, northern Uganda, Darfur, as well as those where it had decided not to proceed, such as Iraq. The law of the Court up to and including its ruling on a confirmation hearing, committing Chalres Lubanga for trial on child soldiers offences, is covered. It also addresses the difficulties created by US opposition, analysing the ineffectiveness of measures taken by Washington to obstruct the Court, and its increasing recognition of the inevitability of the institution.
Download or read book The International Criminal Court and Global Social Control written by Nerida Chazal and published by Routledge. This book was released on 2015-12-14 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.
Download or read book Criminal Law in China written by Shizhou Wang and published by Kluwer Law International B.V.. This book was released on 2017-11-20 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in China. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with China. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.
Download or read book Sources of International Law written by V.D. Degan and published by BRILL. This book was released on 2024-01-15 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many different, and even opposite, meanings are ascribed to the term `sources' of international law. The author of this work goes back to the meaning of the term `source' in general (spring or well) and analyses in detail the various sources of international law. He first explains the sources of general, and then those of particular international law. He starts with general principles of law, which is followed by common features of customary process of whatsoever kind, and then by general and by particular customary law. Custom will be followed by unilateral acts of States and with opposable situations in international law which are closely linked with this kind of sources of international law. The explanation ends with treaties in regard to which there are the least doctrinal controversies. The explanation cannot be quite homogeneous. There are still deep doctrinal misunderstandings in respect to general principles of law and of unilateral acts of States. The author therefore offers a critical analysis of representative views of other authors and tries to reach solutions to problems presented. He also gives a systematic explanation of recent pronouncements of international courts and tribunals with regard to customary law, and he examines the specific solutions prescribed in the 1969 Vienna Convention on the Law of Treaties.
