Download or read book The Gravity Threshold and the Selection of Situations and Cases Before the International Criminal Court written by Abdelghany Sayed and published by . This book was released on 2015 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Gravity at the International Criminal Court written by Priya Urs and published by Oxford University Press. This book was released on 2023-12-19 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gravity of a crime or case features in various international and national legal frameworks for the investigation and prosecution of international crimes. At the International Criminal Court (ICC), 'sufficient gravity' is a requirement for the admissibility of a case specified in Article 17(1)(d) of the Rome Statute. The open-textured nature of the provision leaves the manner of its application and, ultimately, its purpose in the context of the Prosecutor's decisions whether to investigate and prosecute, open to discussion. Set against the backdrop of ongoing debates on how to justify selective investigations and prosecutions at the Court, Gravity at the International Criminal Court: Admissibility and Prosecutorial Discretion addresses the question of how the gravity criterion is to be applied in the context of the Prosecutor's respective decisions whether to investigate and prosecute. It argues that the purpose of the gravity criterion in this context is the allocation of investigative and prosecutorial resources. First, identifying appropriate indicators of gravity, the book contends that the application of Article 17(1)(d) requires a subjective assessment that involves the exercise of discretion. Second, by clarifying the respective roles of the Prosecutor and the Pre-Trial Chambers of the Court in the assessment of gravity in different contexts, it argues in favour of wide prosecutorial discretion in the making of this assessment compared with the limited powers of judicial oversight conferred on the Pre-Trial Chamber. Timely and thorough, Gravity at the International Criminal Court proposes a more coherent and persuasive application of the criterion, contextualizing and comparing the ICC's approach in relation to other courts and bodies of law including international human rights law, international investment law, and international trade law.
Download or read book Why the question of the sufficiency of gravity in the Rome Statute remains problematic written by Milton Owuor and published by GRIN Verlag. This book was released on 2022-10-20 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2022 in the subject Law - European and International Law, Intellectual Properties, grade: 2.0, , language: English, abstract: The requirement of 'sufficient gravity', as one of the bases to determine the admissibility threshold for cases under the jurisdiction of the International Criminal Court (ICC), is a matter that has generated considerable scholarly discourse. The concept of gravity threshold is incredibly critical at almost every stage of the proceedings under the Rome Statute, before the ICC. It has been argued that gravity is an important factor in determining which situations should be authorized by the court for investigation, which suspects should be arraigned before the court for trial, and what sentence should be imposed on the individuals convicted of violations of Rome Statute crimes.
Download or read book Commentary on the Law of the International Criminal Court written by Mark Klamberg and published by Torkel Opsahl Academic EPublisher. This book was released on 2017-04-29 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Gravity Threshold Before the International Criminal Court an Overview of the Court s Practice written by Megumi Ochi and published by . This book was released on 2016 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Crimes against Humanity written by M. Cherif Bassiouni and published by Cambridge University Press. This book was released on 2011-04-25 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.
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 Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes written by Laura Ausserladscheider Jonas and published by BRILL. This book was released on 2021-12-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Download or read book Jurisdiction of the International Criminal Court and the Admissibility of Cases written by Hannah Schatte and published by GRIN Verlag. This book was released on 2009-12 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1,7, University of Bremen, language: English, abstract: Fifty years after the Nuremberg-Tribunal, the U.N. Commission of Experts on the Former Yugoslavia stated, that "states may choose to combine their jurisdictions under the universality principle and vest this combined jurisdiction in an international tribunal." This tribunal, the International Criminal Court (ICC), finally was created by a diplomatic conference held in Rome in 1998, where 120 States voted to adopt the Rome Statute of the International Criminal Court, rendering into force in 2002. This detailed international treaty provides for the creation of an international criminal court with power to try and punish for the most serious violations of human rights in cases where national justice systems fail at the task. The ICC therefore ushers in a new era in the protection of human rights. Some authors even say that to a great extent, the success of the Court parallels the growth of the international human rights movement, much of whose fundamental philosophy and outlook it shares. Lately mainly questions concerning the Iraq-conflict were raised, concerning the problem, whether criminal proceedings against the main actors before the ICC would be "successful".
Download or read book Digital Witness written by Sam Dubberley and published by Oxford University Press, USA. This book was released on 2020 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers the developing field of open source research and discusses how to use social media, satellite imagery, big data analytics, and user-generated content to strengthen human rights research and investigations. The topics are presented in an accessible format through extensive use of images and data visualization (éditeur).
Download or read book Organized Crime and International Criminal Law written by Kathrin Strobel and published by BRILL. This book was released on 2021-08-09 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first comprehensive study of international criminal jurisdiction over organized crime and demonstrates the potential of international law to bring leaders of cartels and trafficking rings to justice.
Download or read book U S Policy Toward the International Criminal Court written by and published by . This book was released on 2009 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute establishing the International Criminal Court (ICC or Court) entered into force on July 1, 2002. With the Court now established and developing a track record of engagement in situations, such as Darfur, that are of great interest to the United States, it seemed that there might be important ways in which the United States might engage and support the Court, whether joining it or short of joining it. This Task Force has undertaken such a review, hearing from more than a dozen experts and officials representing a variety of perspectives on the ICC. Our conclusion, detailed in the recommendations in this report, is that the United States should announce a policy of positive engagement with the Court, and that this policy should be reflected in concrete support for the Court's efforts and the elimination of legal and other obstacles to such support. The Task Force does not recommend U.S. ratification of the Rome Statute at this time. But it urges engagement with the ICC and the Assembly of States Parties in a manner that enables the United States to help further shape the Court into an effective accountability mechanism. The Task Force believes that such engagement will also facilitate future consideration of whether the United States should join the Court.
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 African Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2016-11-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Download or read book The Crime of Aggression written by Claus Kreß and published by Cambridge University Press. This book was released on 2016-10-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.
Download or read book The International Criminal Court written by Marlies Glasius and published by Routledge. This book was released on 2006-03-29 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?
