Download or read book Complementarity in the Line of Fire written by Sarah M. H. Nouwen and published by Cambridge University Press. This book was released on 2013-11-07 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book follows as LAW"--

Download or read book Deference in International Courts and Tribunals written by Lukasz Gruszczynski and published by OUP Oxford. This book was released on 2014-10-09 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.

Download or read book Africa and the Shaping of International Human Rights written by Derrick M. Nault and published by Oxford University Press. This book was released on 2020-12-17 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa throughout its postcolonial history has been plagued by human rights abuses ranging from intolerance of political dissent to heinous crimes such as genocide. Some observers consequently have gone so far as to suggest that human rights are a concept alien to African cultures. The International Criminal Court (ICC)'s focus on Africa in recent years has reinforced the region's reputation as a hotspot for human rights violations. But despite Africa's notoriety concerning human rights, Africa and the Shaping of International Human Rights argues that the continent has been pivotal in helping to shape contemporary human rights norms and practices. Challenging prevailing Eurocentric interpretations of human rights' origins and evolution, it demonstrates that from the colonial era to the present Africa's peoples have drawn attention to and prompted novel ways of thinking about human rights through their encounters with the world at large. Beginning with the depredations of King Leopold II in the Congo Free State in the 1880s and ending with the ICC's current activities in Africa, it reveals how African events, personalities, groups, and nations have influenced the trajectory of human rights history in intriguing and critical ways, in the end enlarging and universalizing a major discourse of our time.

Download or read book Justice and Diplomacy written by Mark S. Ellis and published by Cambridge University Press. This book was released on 2018-03-05 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diplomacy is used primarily to advance the interests of a state beyond its borders, within a set of global norms intended to assure a degree of international harmony. As a result of internal and international armed conflicts, the need to negotiate peace through an emerging system of international humanitarian and criminal law has required nations to use diplomacy to negotiate 'peace versus justice' trade-offs. Justice and Diplomacy is the product of a research project sponsored by the Academie Diplomatique Internationale and the International Bar Association, and focuses on specific moments of collision or contradiction in diplomatic and judicial processes during the humanitarian crises in Bosnia, Rwanda, Kosovo, Darfur, and Libya. The five case studies present critical issues at the intersection of justice and diplomacy, including the role of timing, signalling, legal terminology, accountability, and compliance. Each case study focuses on a specific moment and dynamic, highlighting the key issues and lessons learned.

Download or read book The Local Impact of the International Criminal Court The Local Impact of the International Criminal Court written by Marieke Wierda and published by Cambridge University Press. This book was released on 2023-07-20 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court seeks to end impunity for the world's worst crimes, to contribute to their prevention. But what is its impact to date? This book takes an in-depth look at four countries under scrutiny of the ICC: Afghanistan, Colombia, Libya, and Uganda. It puts forward an analytical framework to assess the impact of the ICC on four levels: on the domestic legal systems (systemic effect); on peace negotiations and agreements (transformative effect); on victims (reparative effect); and on the perceptions of affected populations (demonstration effect). It concludes that the ICC is having a normative impact on domestic legal systems and peace agreements, but it has brought little reparative justice for victims, and it does not necessarily correspond with how affected populations view justice priorities. The book concludes that justice for the world's worst crimes has no 'universal formula' that can easily be captured in law by one institution.

Download or read book Africa and the ICC written by Kamari M. Clarke and published by Cambridge University Press. This book was released on 2016-10-27 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa and the ICC: Perceptions of Justice comprises contributions from prominent scholars of different disciplines including international law, political science, cultural anthropology, African history and media studies. This unique collection provides the reader with detailed insights into the interaction between the African Union and the International Criminal Court (ICC), but also looks further at the impact of the ICC at a societal level in African states and examines other justice mechanisms on a local and regional level in these countries. This investigation of the ICC's complicated relationship with Africa allows the reader to see that perceptions of justice are multilayered.

Download or read book Negotiating Peace written by Sven M. G. Koopmans and published by Oxford University Press. This book was released on 2018-07-18 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first and only practical guide to negotiating peace. In this ground-breaking book Sven Koopmans, who is both a peace negotiator and a scholar, discusses the practice, politics, and law of international mediation. With both depth and a light touch he explores successful as well as failed attempts to settle the wars of the world, building on decades of historical, political, and legal scholarship. Who can mediate between warring parties? How to build confidence between enemies? Who should take part in negotiations? How can a single diplomat manage the major powers? What issues to discuss first, what last? When to set a deadline? How to maintain confidentiality? How to draft an agreement, and what should be in it? How to ensure implementation? The book discusses the practical difficulties and dilemmas of negotiating agreements, as well as existing solutions and possible future approaches. It uses examples from around the world, with an emphasis on the conflicts of the last twenty-five years, but also of the previous two-and-a-half-thousand. Rather than looking only at either legal, political or organizational issues, Negotiating Peace discusses these interrelated dimensions in the way they are confronted in practice: as an integral whole. With one leading question: what can be done?

Download or read book Human Dignity in International Law written by Ginevra Le Moli and published by Cambridge University Press. This book was released on 2021-11-25 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical, historical and juridical exegesis of human dignity in international law over two centuries.

Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 911 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

Download or read book The Individualization of War written by Dapo Akande and published by Oxford University Press. This book was released on 2024-01-26 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Individualization of War examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes.

Download or read book Authority and the Globalisation of Inclusion and Exclusion written by Hans Lindahl and published by Cambridge University Press. This book was released on 2018-09-06 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the concept of a legal order in the context of globalisation from the perspective of inclusion and exclusion.

Download or read book Cooperation and the International Criminal Court written by Olympia Bekou and published by BRILL. This book was released on 2016-04-26 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ability of the International Criminal Court (ICC) to function effectively is heavily dependent on cooperation because it does not possess its own enforcement mechanism. In Cooperation and the International Criminal Court: Perspectives from Theory and Practice, edited by Olympia Bekou and Daley J. Birkett, scholars and practitioners in international criminal law provide a detailed analysis of the ICC cooperation regime. Chapters focus on the law and practice of State cooperation, the role of civil society and regional organisations, asset recovery for the purpose of reparations, policy issues and how technology-driven tools can strengthen the ICC cooperation regime in practice. This collection provides a unique insight into the current status of cooperation as well as future challenges for the ICC.

Download or read book Human Rights and Power in Times of Globalisation written by Ekaterina Yahyaoui Krivenko and published by BRILL. This book was released on 2017-12-18 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does globalisation affect the ability of human rights to constrain power? This is the central question of this volume that tackles the issue from a variety of perspectives. It covers such branches of international law and human rights as diplomatic protection, powers of the UN Security Council, responsibility of international organisations, accountability of multinational corporations, third-generation rights, law of armed conflict, and state sovereignty. The contributions problematize the role of human rights and call for rethinking of the structure and functioning of human rights. The contributions adopt a variety of disciplinary perspectives that all elucidate difficulties human rights face in a globalised world and suggest ways forward.

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 War and Justice in the 21st Century written by Luis Moreno Ocampo and published by Oxford University Press. This book was released on 2022 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is a case study of my nine-year practice as the first Chief Prosecutor of the International Criminal Court (ICC). It presents the functioning of the autonomous criminal justice system created by the Rome Statute. The book depicts the Rome Statute operations, its interaction with the War on Terror, and their relationship with national legal systems and the UN Security Council. It comments on regional organizations, including the mechanisms to protect human rights established during the fifties in Europe, after in the Americas, and more recently in Africa"--

Download or read book International Criminal Justice Cooperation and fighting of male sexual crimes written by Dimitris Liakopoulos and published by GRIN Verlag. This book was released on 2019-04-01 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Document from the year 2019 in the subject Law - European and International Law, Intellectual Properties, Tufts University, language: English, abstract: The focus of this book is the analysis of male sexual crimes in international criminal justice. The first part of the present research work is focused on the legal analysis of the relevant articles of international criminal court's Statute regarding the obligation of cooperation between states for the punishment of serious crimes against humanity and war. Judicial development, starting with the ad hoc tribunals and arriving at causes at various stages of proceedings still ongoing in the International Criminal Court (ICC), opens doctrinal and comparative national debates especially in the case of lacking states cooperation, seeking to elaborate specific topics such as the obligation of states cooperation, requests for assistance during preliminary investigations,during inquires, and confidential information. Court assistance to states parties participating in the Statute, suspending the execution of a request, the role of the prosecutor and the non-assistance of some states impede the development and operation of international criminal justice. The second part has attempted to analyze sexual crimes and especially the crime of male rape.The jurisprudence of international criminal tribunals and the ICC have tried to qualify rapeeither as a crime of genocide in the form of serious and physical injuries, even if notnecessarily permanent (lett.b) Art.6 of the Rome Statute; or as a crime against humanity wherethere are elements of context and above all material elements that emerge from the defenitionsgiven by the ad hoc tribunals and the elements of crimes; or even as a war crime in case it isimplemented to that of sexual violence, according to a geneder specific relationship tospeciem. Judges through the jurisprudence have included in this context any conduct of asexual type of aggression to human dignity that does not consist in an act of penetration andthat does not involve physical contract. The contrasts are always open. Due to the lack ofdealing with a "particular" crime and difficult to prove it or testify before an internationalcourt. The indication on the level of gravity of the crime is necessary for the relevance ofsexual violence and rape as crimes against humanity that we will see in the coming years.

Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by OUP Oxford. This book was released on 2015-05-28 with total page 1620 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.