Download or read book Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-08-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.

Download or read book State Sovereignty and International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-11-19 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

Download or read book The Effectiveness of the Exercise of Jurisdiction by the International Criminal Court written by Susan Hannah Farbstein and published by . This book was released on 2001 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Relationship between the International Criminal Court and National Jurisdictions written by Jo Stigen and published by BRILL. This book was released on 2008-09-30 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere vis-à-vis national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, inter alia, whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.

Download or read book Complementarity in the Rome Statute and National Criminal Jurisdictions written by Jann K. Kleffner and published by Oxford University Press. This book was released on 2008-12-18 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.

Download or read book The Jurisdiction of the International Criminal Court written by Victor Tsilonis and published by Springer Nature. This book was released on 2019-11-23 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Principle of Complementarity in International Criminal Law written by Mohamed El Zeidy and published by BRILL. This book was released on 2008-12-31 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of complementarity is the corner stone for the operation of the International Criminal Court (ICC). It organizes the functional relationship between domestic courts and the ICC. This is the first careful study of the historical antecedents of the principle of complementarity, which has become so central to the operation of contemporary international criminal law. The study draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals. It examines in an exhaustive manner the work of the International Law Commission that led to the drafting of the Rome Statute of the International Criminal Court, up to the deposit of the draft statute with the UN General Assembly in 1994. It considers the travaux préparatoires of the Rome Statute itself, in a most thorough manner. It also examines the post-Rome developments, particularly the original interpretations of the relevant provisions of the Statute by both the Office of the Prosecutor and the Pre-Trial Chambers. This is a study that is of intrinsic historical interest, but also one that may help to guide interpreters of the Statute in the years to come. “The concept of complementarity lies at the heart not only of the Rome Statute of the International Criminal Court, it is in many respects the underlying paradigm of international criminal justice as a whole. In this important study, Mohamed El Zeidy has drawn on historical sources, tracing the evolution of the concept and then showing how it has become operationalised in the first cases before the International Criminal Court. This book belongs in the library of every international criminal lawyer”. Prof. William A. Schabas, OC MRIA National University of Ireland, Galway.

Download or read book The International Criminal Court written by Olympia Bekou and published by Routledge. This book was released on 2017-11-28 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.

Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-26 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Global Prosecution of Core Crimes under International Law written by Christopher Soler and published by Springer Nature. This book was released on 2019-09-18 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.

Download or read book The International Criminal Court and Problems of State Sovereignty written by Oliver Holmes and published by GRIN Verlag. This book was released on 2009-12 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific Essay from the year 2008 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 2:1, University of Leeds, course: Political Science, language: English, abstract: It is the argument of this dissertation that the International Criminal Court is an appropriate tool for the enforcement of international criminal law and embodies a shifting notion of state sovereignty. Historically, both multilateral and unilateral attempts to enforce international criminal law have been progressive but not wholly successful. The International Criminal Court is rooted in customary law and addresses the failures of past attempts. The Court's opposition has illustrated problems of state sovereignty, which in turn exemplifies how the International Criminal Court embodies a shifting notion of state sovereignty. The sources used are the existing academic literature, interviews, international statute, magazines, and newspaper articles.

Download or read book Complementarity Catalysts Compliance written by Christian M. De Vos and published by Cambridge University Press. This book was released on 2020-04-23 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.

Download or read book The United States and the International Criminal Court written by Daniel Swaisgood and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: ABSTRACT: In response to a heightening concern for international justice, in the late 1990's in Rome, Italy over 160 countries deliberated on the most suitable approach to an international standard dealing with war crimes, crimes of aggression, crimes against humanity and genocide. In reference to the International Criminal Court's jurisdiction, these four crimes have come to be termed "core crimes." Although the culmination was the establishment of the ICC a variety of countries stood against such an establishment and fought to weaken the Court's jurisdictional reach. The United States of America took center stage during the deliberations in Rome as one of these countries, voting against the Court with such infamous human rights abusers as Saudi Arabia, Pakistan and Iran, among others. Determined to undermine the Court's ability to threaten national sovereignty the U.S. even went so far as to pass legislation enabling it to invade The Hague upon the possible arrest of any U.S. military representative. Despite U.S. objections though, the Court operates as a new standard for international justice and labors to hold war criminals accountable. Further, among the various movements, standards and ad hoc tribunals, the ICC stands alone as the first permanent international judicial composition with universal jurisdiction over core crimes. With the Court having a direct affect on international human rights standards and accountability, as well as being an important leader through its role on the global stage, this paper will detail the history of the aforementioned movements as well as their influence on the ICC's creation. Further, the U.S. objections and reaction to the Court will be summarized and responded to with the conclusion that U.S. interests would be served by both signing and ratifying the Rome Treaty. Whereas a denial of ICC jurisdiction over core crimes seemingly protects national sovereignty, the same denial undermines the U.S. position of leadership in the world theatre. Finally, although more difficult to quantify, undermining the position of U.S. leadership in this manner invariably creates a far more dangerous threat to U.S. national sovereignty than does allowing the ICC to exercise complementary jurisdiction over the core crimes.

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 International Criminal Court and Complementarity written by Carsten Stahn and published by Cambridge University Press. This book was released on 2011-10-06 with total page 1293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Diversification and Fragmentation of International Criminal Law written by Larissa van den Herik and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Download or read book The Princeton Principles on Universal Jurisdiction written by Stephen Macedo and published by . This book was released on 2001 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: