Download or read book Judicial Leadership An examination of leadership within the International Criminal Court written by Andrew Campbell and published by GRIN Verlag. This book was released on 2020-07-07 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctoral Thesis / Dissertation from the year 2016 in the subject Law - European and International Law, Intellectual Properties, grade: 4.0 = 1, , language: English, abstract: This research conducts an exploratory study of the individual leadership competences of judicial actors comprised of the Presidency of the Court, Office of the Prosecutor, and Registry and its support staff within the International Criminal Court (ICC) located at The Hague, Netherlands. The research objectives of this study are not only to identify leadership competencies of current and former president of the court, office of the prosecutor, and registry or court administrator and their support staff but also to generate a body of knowledge that explores judicial actors as leaders within the national and international judicial systems. By developing a conceptual roadmap this study benefits the international community by creating a body of knowledge that bridges the disciplines of leadership and judicial processes that addresses the emerging complexity and global significance of transitional justice in post conflict environments. This study lays the foundation for transitional justice scholar-practitioners to determine the role leadership traits and competencies play within the international judicial community to prosecute human rights violations, protect victims from further human rights violations, and sustain the rule of law in a post conflict environment. The aim of this study is to advance knowledge in the field of global leadership by introducing the application of institutional and organizational leadership competences into the discipline of International Law. Also, to generate new knowledge of the critical role that individual leadership traits and competencies play as transitional justice practitioners seek to achieve national reconciliation in a post conflict environment. In other words, this study will make a significant contribution to the fields of leadership and international justice by understanding the role that individual leadership traits play within the ICC as transitional justice theorists seek to understand and develop legitimate legal capacities in a post conflict environment.
Download or read book Judging Criminal Leaders written by Yves Beigbeder and published by BRILL. This book was released on 2021-10-25 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In spite of the Geneva and The Hague Conventions of the late 19th century, the Twentieth Century has been a century of massacres and genocides: the massacres due to European colonialism, two World Wars, the Holocaust, the Armenian and the Rwanda genocides, the casualties caused by the Communist utopia in the USSR, China and Cambodia, and numerous civil wars. Most of the leaders mainly responsible for these massacres and genocides have enjoyed impunity. However, there is a slow popular awakening to the fact that leaders should be accountable for their crimes. A human rights regime was created after World War II, international criminal law has taken root with the Nuremberg and Tokyo Tribunals, and, in the 1990's with the International Criminal Tribunals for the Former Yugoslavia and for Rwanda. In 1998, the Statute for an International Criminal Court was adopted, while the arrest of former dictator Pinochet in London has created both a political storm and a judiciary advance. The "Princeton Principles on Universal Jurisdiction" have been publicized in an effort to strengthen the application of international law in national legal systems. In Cambodia and Sierra Leone, mixed national/international courts are being set up to try criminal leaders. This unique volume offers the reader an overview of the various models which are emerging to ensure that criminal leaders and their collaborators are made accountable for their schemes and actions, and clearly illustrates how national, international and mixed national/international tribunals are slowly eroding the impunity of criminal leaders.
Download or read book Hybrid Tribunals written by Aaron Fichtelberg and published by Springer. This book was released on 2015-06-09 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines hybrid tribunals created in Sierra Leone, Kosovo, Cambodia, East Timor, and Lebanon, in terms of their origins (the political and social forces that led to their creation), the legal regimes that they used, their various institutional structures, and the challenges that they faced during their operations. Through this study, the author looks at both their successes and their shortcomings, and presents recommendations for the formation of future hybrid tribunals. Hybrid tribunals are a form of the international justice where the judicial responsibility is shared between the international community and the local state where they function. These tribunals represent an important bridge between traditional international courts like the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and various local justice systems. Because hybrid tribunals are developed in response to large-scale atrocities, these courts are properly considered part of the international criminal justice system. This feature gives hybrid tribunals the accountability and legitimacy often lost in local justice systems; however, by including regional courtroom procedures and personnel, they are integrated into the local justice system in a way that allows a society to deal with its criminals on its own terms, at least in part. This unique volume combines historical and legal analyses of these hybrid tribunals, placing them within a larger historical, political, and legal context. It will be of interest to researchers in Criminal Justice, International Studies, International Law, and related fields.
Download or read book Reconciling Responsibility with Reality written by Johannes Block and published by T.M.C. Asser Press. This book was released on 2023-08-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the issue of leadership criminality from a new angle by comparing two highly relevant modes of responsibility. By contrasting individual criminal responsibility for ordering international crimes with indirect perpetration through an organisation, it shows the doctrinal weaknesses of the latter and outlines the much-overlooked advantages of the former. The volume analyses the development of both forms of responsibility, looking at their origins, and their reception in academia and practical use in jurisprudence. The history of indirect perpetration through an organisation (Organisationsherrschaft) is portrayed from its German academic origin, through German jurisprudence to the reception of the doctrine at the International Criminal Court. By comparing the doctrine’s stages of evolution, the book sheds light on the different aspects of the various models of indirect perpetration through an organisation and carves out general and fundamental criticism of it. The characteristics of ordering liability are explored in depth through an analysis of jurisprudence of the Nuremberg subsequent trials, the ad hoc tribunals and the International Criminal Court. This historic and doctrinal comparison reveals a well-defined and to-date much neglected mode of responsibility with enormous potential for the adjudication of leadership figures in the ambit of international criminal law and only one conclusion can follow from this analysis: it calls for practitioners and academics to leave the well-trodden paths of national criminal law doctrine and embrace truly international modes of liability such as the ordering of a crime. This volume in the ICJ series provides practitioners, researchers and students with a detailed account of forms of leadership liability and an innovative approach to the topic’s most discussed issue. Dr. Johannes Block is a criminal lawyer specializing in international criminal law, responsibility of leadership figures, questions of perpetration and participation in crime as well as the national-socialists’ crimes. He studied in Münster, Germany and Bogotá, Colombia and obtained his Dr. iur. from the University of Cologne, where he also worked and taught as a research assistant for several years. His legal clerkship led him to organized crime investigations, criminal defence, the European Commission and the German Federal Ministry of Justice.
Download or read book Essays on International Criminal Justice written by Héctor Olásolo and published by Bloomsbury Publishing. This book was released on 2012-01-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crimes of atrocity have profound and long-lasting effects on any society. The difference between triggering and preventing these tragic crimes often amounts to the choice between national potential preserved or destroyed. It is also important to recognise that they are not inevitable: the commission of these crimes requires a collective effort, an organisational context, and long planning and preparation. Thus, the idea of strengthening preventative action has taken on greater relevance, and is now encompassed in the emerging notion of 'responsibility to prevent'. International courts and tribunals contribute to this effort by ending impunity for past crimes. Focusing investigations and prosecution on the highest leadership maximises the impact of this contribution. The ICC has an additional preventative mandate which is fulfilled by its timely intervention in the form of preliminary examinations. Moreover, when situations of atrocity crimes are triggered, its complementarity regime incentivises states to stop violence and comply with their duties to investigate and prosecute, thus strengthening the rule of law at the national level. The new role granted to victims by the Rome Statute is key to the ICC ́s successful fulfilment of these functions. This new book of essays, which includes the author's unpublished inaugural lecture at Utrecht University, examines these issues and places particular emphasis on the additional preventative mandate of the ICC, the ICC complementarity regime, the new role granted to victims, and the prosecution of the highest leadership through the notion of indirect perpetration. 'The work of Professor Olasolo breaks new ground in the academic field of international criminal law, as an analysis of the system as a whole. I therefore wish to express my congratulations for this work.' From the Foreword by Luis Moreno Ocampo Prosecutor, International Criminal Court, The Hague, 27 April 2011 '[Professor Hector Olasolo's] compilation provides an enormous source of easy reference to students, academia and legal actors in the field of international law. A look at the titles compiled in this volume demonstrates the present challenges to international criminal justice'. From the Preliminary Reflections by Elizabeth Odio Benito Judge and Former Vice-President, International Criminal Court, The Hague, May 2011 'This collection, written by a brilliant and prolific scholar and practitioner of international criminal justice, is an insightful and important contribution to the existing literature...Each chapter in this collection is copiously footnoted and thoroughly researched, making it an important reference tool for scholars and practitioners in the field. Additionally and importantly, the chapters explore, without polemic, areas of controversy and dissent and thoughtfully and scrupulously set forth arguments for and against particular doctrinal choices.' From the Introduction by Leila Nadya Sadat Henry H Oberschelp Professor of Law and Director, Whitney R Harris World Law Institute, Washington University School of Law; Alexis de Tocqueville Distinguished Fulbright Chair, Université de Cergy-Pontoise, Paris, Spring 2011
Download or read book Reconciling Responsibility with Reality written by Johannes Block and published by Springer Nature. This book was released on with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prosecuting Heads of State written by Ellen L. Lutz and published by Cambridge University Press. This book was released on 2009-03-16 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1990, 65 former heads of state or government have been legitimately prosecuted for serious human rights or financial crimes. Many of these leaders were brought to trial in reasonably free and fair judicial processes, and some served time in prison as a result. This book explores the reasons for the meteoric rise in trials of senior leaders and the motivations, public dramas, and intrigues that accompanied efforts to bring them to justice. Drawing on an analysis of the 65 cases, the book examines the emergence of regional trends in Europe and Latin America and contains case studies of high-profile trials of former government leaders: Augusto Pinochet (Chile), Alberto Fujimori (Peru), Slobodan Milosevic (former Yugoslavia), Charles Taylor (Liberia and Sierra Leone), and Saddam Hussein (Iraq) – studies written by experts who closely followed their cases and their impacts on wider societies. This is the only book that examines the rise in the number of domestic and international trials globally and tells the tales in readable prose and with fascinating details.
Download or read book Rough Justice written by David Bosco and published by Oxford University Press. This book was released on 2014 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of the movement to establish the International Criminal Court, its tumultuous first decade, and the challenges it will continue to face in the future.
Download or read book International Judicial Institutions written by Richard J. Goldstone and published by Routledge. This book was released on 2015-03-05 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully-updated and much expanded second edition provides a much needed, short and accessible introduction to the current debates in international humanitarian law. Written by a former UN Chief Prosecutor and a leading international law expert, this book analyses the legal and political underpinnings of international judicial institutions, it provides the reader with an understanding of both the historical development of institutions directed towards international justice, as well as an overview of the differences and similarities between such organizations. New to this edition: New updates on recently found records of the United Nations War Crimes Commission. Updates on the recent judicial decisions of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda Updates on the Special Tribunal For Lebanon A re-evaluation of the future of the International Criminal Court International Judicial Institutions: Second Edition will be of great interest to students of International Politics, Criminology and Law.
Download or read book Peace and Justice at the International Criminal Court written by Errol Mendes and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Errol Mendes spent nearly a year as a Visiting Professional with the Prosecutor of the International Criminal Court. This has given him a unique perspective and some special insight into the big situations confronting the Court, including Darfur, Palestine and Uganda. William A. Schabas, National University of Ireland, Galway This authoritative book addresses the greatest challenge facing the International Criminal Court since its historic establishment in 1998: reconciling the demand for justice for the most serious crimes known to humanity with the promotion of sustainable peace in conflict areas around the world. In describing and analyzing this challenge, Errol Mendes demonstrates that the Court is a product of centuries of global efforts to integrate peace with justice. Focusing on two important prosecutions involving indictments of the president and other senior officials of Sudan and a savage rebel group in Northern Uganda, the author argues that the choice between peace and justice is not a zero sum game. Based on knowledge and experience obtained during his time as a visiting professional at the Court, the author combines insights from Court leaders with his own analysis in his call for greater international cooperation with the Court in fulfilling its mandate and overcoming other obstacles that threaten its work into the future. Scholars and students of criminal justice, international studies, political science and human rights, as well as civil society groups, government officials and those working with international justice organizations, will find in this book a unique and sophisticated perspective on this complex dilemma.
Download or read book Judgment Day written by Rosa Aloisi and published by Cambridge University Press. This book was released on 2017-06-16 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how, after many years of inactivity after the World War II tribunals, judges at the Yugoslav, Rwanda and Sierra Leone tribunals, and to a lesser extent the International Criminal Court, have seized the opportunity to develop international law on war crimes, crimes against humanity and genocide. Meernik and Aloisi argue that judges are motivated by a concern for human rights protection and the legacy of international criminal justice. They have progressively expanded the reach of international law to protect human rights and have used the power of their own words to condemn human rights atrocities. Judges have sentenced the guilty to lengthy and predictable terms in prison to provide justice, deterrence of future violations and even to advance peace and reconciliation. On judgment day, we show that judges have sought to enhance the power of international justice.
Download or read book International Justice Against Impunity written by Yves Beigbeder and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume reviews the achievements and limitations of the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the creation of mixed national/international courts: the Special Court for Sierra Leone and the Cambodia Tribunal. The major, unexpected and promising judiciary innovation is however the creation of the International Criminal Court in 1998, supported by the UN, European Union members and other countries, effectively promoted by NGOs, but strongly opposed by the USA. The Court will have to show that it is a fair and valuable instrument in fighting impunity at the international level.
Download or read book The International Criminal Court written by William J. Driscoll and published by IDEA. This book was released on 2004 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation The Nuremberg Trials at the end of World War II established the principle that individual leaders could be held responsible for "crimes against humanity." Although various ad hoc tribunals were held in the last half of the 20th century, it was not until 2002 that a permanent international court was established, under the auspices, of the United Nations. The international Criminal Court has been controversial with many key nations most notably, the United States refusing to ratify the treaty establishing the court. Some critics object to the adoption of a judicial system that seems to supersede national judicial systems; others fear that the court will be used to pursue narrow political ends. This book will comprise three sections: the first will examine the history of the creation of the court; the second will contain articles that outline objections to the court; the third will contain articles defending and promoting the court. The authors include primary sources on both sides of the controversy, with special attention to America's involvement. A glossary of key terms, and the text of the Rome Statute establishing the court will also be included.
Download or read book The International Criminal Court An International Criminal World Court written by Sarah Babaian and published by Springer. This book was released on 2018-05-31 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Revisiting Integrity in International Justice written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-08-06 with total page 4 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 Martinus Nijhoff Publishers. This book was released on 2008 with total page 549 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-a-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.
