The International Criminal Court in an Effective Global Justice System

The International Criminal Court in an Effective Global Justice System
Author: Linda E. Carter
Publisher: Edward Elgar Publishing
Total Pages: 376
Release: 2016-11-25
Genre: Law
ISBN: 178471982X

Download The International Criminal Court in an Effective Global Justice System Book in PDF, Epub and Kindle

International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.

The International Criminal Court

The International Criminal Court
Author: Andrew Novak
Publisher: Springer
Total Pages: 128
Release: 2015-03-11
Genre: Social Science
ISBN: 3319158325

Download The International Criminal Court Book in PDF, Epub and Kindle

This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.

The International Criminal Court and Global Social Control

The International Criminal Court and Global Social Control
Author: Nerida Chazal
Publisher: Routledge
Total Pages: 175
Release: 2015-12-14
Genre: Law
ISBN: 1317589661

Download The International Criminal Court and Global Social Control Book in PDF, Epub and Kindle

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.

The International Criminal Court – An International Criminal World Court?

The International Criminal Court – An International Criminal World Court?
Author: Sarah Babaian
Publisher: Springer
Total Pages: 216
Release: 2018-05-31
Genre: Law
ISBN: 3319780158

Download The International Criminal Court – An International Criminal World Court? Book in PDF, Epub and Kindle

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.

The Effectiveness of International Criminal Justice

The Effectiveness of International Criminal Justice
Author: Cedric Ryngaert
Publisher:
Total Pages: 316
Release: 2009
Genre: Complementarity (International law)
ISBN:

Download The Effectiveness of International Criminal Justice Book in PDF, Epub and Kindle

"This volume is an offshoot of the research activities of working group II ('international criminal tribunals') of the European Science Foundation's COST A28 Action on Human Rights, Peace and Security in EU Foreign Policy"--Page v.

The International Criminal Court

The International Criminal Court
Author: William J. Driscoll
Publisher: IDEA
Total Pages: 290
Release: 2004
Genre: Law
ISBN: 9780972054140

Download The International Criminal Court Book in PDF, Epub and Kindle

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.

Exploring the Boundaries of International Criminal Justice

Exploring the Boundaries of International Criminal Justice
Author: Mark Findlay
Publisher: Routledge
Total Pages: 296
Release: 2016-04-15
Genre: Law
ISBN: 1317137167

Download Exploring the Boundaries of International Criminal Justice Book in PDF, Epub and Kindle

This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

Marketing Global Justice

Marketing Global Justice
Author: Christine Schwöbel-Patel
Publisher: Cambridge University Press
Total Pages: 331
Release: 2021-05-06
Genre: Law
ISBN: 1108753825

Download Marketing Global Justice Book in PDF, Epub and Kindle

Marketing Global Justice is a critical study of efforts to 'sell' global justice. The book offers a new reading of the rise of international criminal law as the dominant institutional expression of global justice, linking it to the rise of branding. The political economy analysis employed highlights that a global elite benefit from marketised global justice whilst those who tend to be the 'faces' of global injustice - particularly victims of conflict - are instrumentalised and ultimately commodified. The book is an invitation to critically consider the predominance of market values in global justice, suggesting an 'occupying' of global justice as an avenue for drawing out social values.

The Realities of International Criminal Justice

The Realities of International Criminal Justice
Author: Dawn L. Rothe
Publisher: Martinus Nijhoff Publishers
Total Pages: 364
Release: 2013-07-11
Genre: Law
ISBN: 9004251111

Download The Realities of International Criminal Justice Book in PDF, Epub and Kindle

The Realities of the International Criminal Justice System takes an analytical and critical look at the impact of the major instruments of international criminal justice since the 1990s with the advent of the International Criminal Tribunals for Rwanda and Yugoslavia.

The International Criminal Court and National Courts

The International Criminal Court and National Courts
Author: Nidal Nabil Jurdi
Publisher: Routledge
Total Pages: 332
Release: 2016-03-03
Genre: Law
ISBN: 1317027302

Download The International Criminal Court and National Courts Book in PDF, Epub and Kindle

This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.