Download or read book More Candour About Criteria written by James A. Goldston and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In its short life, the International Criminal Court (ICC) has issued public warrants of arrest for 14 persons, launched two trials and provoked controversy across the globe. Much unease about the Court boils down to one issue: how should the Prosecutor decide, among thousands of crimes and perpetrators within his jurisdiction, which ones to charge? To date, considerable discussion about the ICC has taken place in an atmosphere of unreality ill-served to educate and inform. While critics paint a picture of justice as one-sided and politically determined, embattled defenders offer a pristine notion of 'law in a vacuum' that, at its extreme, stretches credibility. If the ICC is eventually to command sustained public support, we must move beyond platitudes in explaining the nuanced nature of the Prosecutor's discretion: grounded in law and evidence, but, of necessity, taking into account broader considerations of institutional strategy and policy, while refraining from partisanship or bias.
Download or read book Prosecutorial Discretion at the International Criminal Court written by Anni Pues and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes, plea agreements, culminating in the question of how to end engagement in specific country situations. The book serves as a guide to the Rome Statute through the lens of the Prosecutor's activities. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals. The book will be of interest to students, practitioners of law, academics, and the wider public concerned with international law, criminal justice and international relations.
Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
Download or read book The International Criminal Court written by William A. Schabas and published by Oxford University Press. This book was released on 2017-01-19 with total page 1689 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
Download or read book Professional Ethics at the International Bar written by Arman Sarvarian and published by OUP Oxford. This book was released on 2013-09-26 with total page 1705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards. Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process.
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 An Introduction to the International Criminal Court written by William A. Schabas and published by Cambridge University Press. This book was released on 2020-07-02 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authoritative, succinct and up-to-date introduction to the law and practice of the International Criminal Court.
Download or read book Transitional Justice in Italy and the Crimes of Fascism and Nazism written by Paolo Caroli and published by Taylor & Francis. This book was released on 2022-06-10 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the complexity of the interdependencies between time, historical memory and the use of criminal law. In a historical moment marked by the resurgence of racism, neo-fascism, falsifications of the past, as well as the desire to amend the faults of the past, the Italian unfinished experience of dealing with the Fascist era can help move the discussion forward. The book will be essential reading for students, researchers and academics in International Criminal Law, Transitional Justice, History, Memory Studies and Political Science.
Download or read book States of Justice written by Oumar Ba and published by . This book was released on 2020-06-24 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theorizes how weaker states in the international system use the ICC to advance their security and political interests.
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 192 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 Quality Control in Preliminary Examination written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-09-06 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Prosecutors written by Luc Reydams and published by Oxford University Press. This book was released on 2012-05-31 with total page 1029 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prosecution plays a crucial part in any international war crimes trial, but its role is rarely analysed. This book will assess the work of the prosecutor in a dozen international criminal courts and tribunals, setting out the applicable rules and analysing his or her independence, accountability, and political impact.
Download or read book Radical Candor Be a Kick Ass Boss Without Losing Your Humanity written by Kim Scott and published by St. Martin's Press. This book was released on 2017-03-14 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A high-profile business manager describes her development of an optimal management course designed to help business leaders become balanced and effective without resorting to insensitive aggression or overt permissiveness"--
Download or read book Harvard Law Review Volume 128 Number 2 December 2014 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2014-12-10 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition for ereaders, featuring active Contents, linked notes, and proper ebook formatting. The contents of Number 2 include: • Article, “The (Non)Finality of Supreme Court Opinions,” by Richard J. Lazarus • Book Review, “The Laws of Capitalism,” by David Singh Grewal • Note, “Citizens United at Work: How the Landmark Decision Legalized Political Coercion in the Workplace” • Note, “Data Mining, Dog Sniffs, and the Fourth Amendment” • Note, “Nonbinding Bondage” The issue includes In Memoriam contributions about the life, scholarship, and teaching of John H. Mansfield. The contributors are Anthony D'Amato, Robert W. Gordon, Martha Minow, Frederick Schauer, and James A. Sonne. In addition, the issue features student commentary on Recent Cases and policy papers, including such subjects as internet law and privacy, Fourth Amendment right to deletion, state action and credit card fees, antitrust law and foreign trade, applicability of Seventh Amendment to states and commonwealths, free speech and tour guide licensing in D.C., labor law and sexual harassment claims, and gender crimes in international criminal law. Finally, the issue includes several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is December 2014, the second issue of academic year 2014-2015 (Volume 128).
Download or read book Prosecutorial Discretion in the International Criminal Court written by Farid Mohammed Rashid and published by Routledge. This book was released on 2021-12-15 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first scholarly investigation of prosecutorial discretion in the International Criminal Court (ICC) from an interdisciplinary perspective. This work analyses the discretionary power of the ICC prosecutor and its scope. It explains that there is a tendency to overlook the necessity of distinguishing between the various usages of discretion when exercised as a power authorised by the law and effect when applying indeterminate legal thresholds. The author argues that the latter indeterminacy may give decision makers an unwarranted opportunity to exercise a wide range of discretion, where extra-legal factors may be considered. In comparison, prosecutorial discretion allows decision makers to consider extra-legal considerations. This book also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions. This book will be of interest to students of international law, global governance and international relations.
Download or read book The Alternatives to War written by James Pattison and published by Oxford University Press. This book was released on 2018-06-04 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: If states are not to go to war, what should they do instead? In The Alternatives to War, James Pattison considers the case for the alternatives to military action to address mass atrocities and aggression. The volume examines the normative issues raised by measures ranging from comprehensive economic sanctions, diplomacy, and positive incentives, to criminal prosecutions, nonviolent resistance, accepting refugees, and arming rebels. For instance, given the indiscriminateness of many sanctions regimes, are sanctions any better than war? Should states avoid 'megaphone diplomacy' and adopt more subtle measures? What, if anything, can nonviolent methods such as civilian defence and civilian peacekeeping do in the face of a ruthless opponent? Is it a serious concern that positive incentives can appear to reward aggressors? Overall, Pattison provides a comprehensive account of the ethics of the alternatives to war. In doing so, he argues that the case for war is weaker and the case for many of the alternatives is stronger than commonly thought. The upshot is that, when reacting to mass atrocities and aggression, states are generally required to pursue the alternatives to war rather than military action. The volume concludes that this has significant implications for pacifism, just war theory, and the responsibility to protect doctrine.
Download or read book The Rule of Law in an Era of Change written by George J. Andreopoulos and published by Springer. This book was released on 2018-07-16 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This forward-thinking volume examines the rule of law from a global perspective, in the context of a growing array of transnational challenges and threats As the United Nations (UN) notes, the rule of law constitutes the basis “on which fair and just societies are built.” The contributions to this volume provide insights to several emerging debates about what the rule of law means in the modern era of warfare and of massive and systematic human rights violations that call for robust and transparent accountability mechanisms and processes. The authors of this work examine several controversial topics, including: -The growing use of drones, and the morality of long distance use -The UN Security Council’s evolving counterterrorism policies and practices -Victims’ Rights and the effort to provide meaning and justice to victims and survivors of terrorism - The relationship between the International Criminal Court (ICC) and Truth and Reconciliation Commissions (TRCs) -The effectiveness of the international criminal justice process overall, with an eye to procedural fairness and justice. This timely work will be of interest to researchers in criminal justice, particularly with a focus on counter-terrorism and international justice, as well as international law, human rights, and international studies.
