Last edited by Dami
Thursday, February 6, 2020 | History

6 edition of An Introduction to the International Criminal Court found in the catalog.

An Introduction to the International Criminal Court

  • 233 Want to read
  • 27 Currently reading

Published by Cambridge University Press .
Written in English

    Subjects:
  • Public international law,
  • Law,
  • Legal Reference / Law Profession,
  • Air & Space,
  • Law / Air & Space,
  • International Criminal Court

  • The Physical Object
    FormatPaperback
    Number of Pages584
    ID Numbers
    Open LibraryOL9703001M
    ISBN 100521707544
    ISBN 109780521707541

    International criminal procedure; His research focuses on moral underpinnings of criminal law principles and on refining legal rules for the fair and effective prosecution of war crimes. The preamble to the Conventions recognises that they are incomplete, but promises that, until a more complete code of the laws of war is issued, 'the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience'. At the Paris Peace Conference, the Allies debated the wisdom of such trials as well as their legal basis. He has previously taught public international law and international criminal law and procedure at Universiteit Leiden, Vrije Universiteit Amsterdam, and Universiteit van Amsterdam. Genocide;

    The United States was generally hostile to the idea, arguing that this would be ex post facto justice. Offences against the laws and customs of war, known as 'Hague Law' because of their roots in the and Conventions, are codified in the Statute of the International Criminal Tribunal for the Former Yugoslavia8 and in Article 8 2 be and f of the Statute of the International Criminal Court. The convention was signed by 13 states, but none ratified it and the convention never entered into force. Trinidad and Tobago, one of several Caribbean States plagued by narcotics problems and related transnational crime issues, initiated a resolution in the General Assembly directing the International Law Commission to consider the subject of an international criminal court within the context of its work on the draft code of crimes.

    Immunities; They propose ways in which international courts and domestic courts within and outside of Africa can cooperate and address fundamental issues of international criminal law, such as the implementation of the Rome Statute, deferrals of cases before the International Criminal Court and the prosecution of crimes by third states on the basis of universal jurisdiction. The International Criminal Tribunal for the Former Yugoslavia has remarked that 'the Draft Code is an authoritative international instrument which, depending upon the specific question at issue, may i constitute evidence of customary law, or ii shed light on customary rules which are of uncertain content or are in the process of formation, or, at the very least, iii be indicative of the legal views of eminently qualified publicists representing the major legal systems of the world'. The Versailles Treaty also recognised the right of the Allies to set up military tribunals to try German soldiers accused of war crimes. State cooperation with the international courts and tribunals; Individuals can only be prosecuted for crimes that are listed in the Statute.


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An Introduction to the International Criminal Court book

The judicial division of the court consists of 18 judges who are elected by the Assembly of State Parties for their qualifications, impartiality, and integrity, and serve nine-year, non-renewable terms. The ad hoc international criminal tribunals; 8. Ferenczan investigator of Nazi war crimes after the Second World Warand the Chief Prosecutor for the United States Army at the Einsatzgruppen Trialbecame a vocal advocate of the establishment of international rule of law and of an international criminal court.

His research focuses on moral underpinnings of criminal law principles and on refining legal rules for the fair and effective prosecution of war crimes. Most commentators are ready to recognize this as the case for the broad categories of crimes which fall under the general jurisdiction of the Court — aggression, genocide, crimes against humanity and war crimes.

Transnational crimes, terrorism and torture; The two instruments can be understood by analogy with domestic law. But two of the judgments of the Leipzig court involving the sinking of the hospital ships Dover Castle and Llandovery Castle, and the murder of the survivors, mainly Canadian wounded and medical personnel, are cited to this day as precedents on the scope of the defence of superior orders.

The Rome Statute establishes a permanent international criminal court with the jurisdiction to prosecute individuals responsible for having committed the most serious crimes of concern to the international community as a whole. Alternatives and complements to criminal prosecution; They include an important series of provisions dealing with the protection of civilian populations.

Responsibility for breach of international conventions, and above all for crimes against the 'laws of humanity' - a reference to civilian atrocities within a State's own borders - was a question of morality, not law, said the US delegation.

International criminal procedure; Article 13 b of the Rome Statute answers that question in the affirmative. The authors are to be commended for packing so much into one book and for updating it in such an accessible and conscientious way.

The three jurisdictional requirements are 1 subject-matter jurisdiction what acts constitute crimes2 territorial or personal jurisdiction where the crimes were committed or who committed themand 3 temporal jurisdiction when the crimes were committed.

While it is clear that customary international law applies to all States and to all parties to a conflict, can the provisions of a treaty allegedly made in the interest of the international community as a whole also have the same dramatic effect?

He has written and edited many books on international law, criminal law and their relationship, and has taught international criminal law for more than twenty years on three continents.

Ntuyahaga, Case No.

An Introduction to International Criminal Law and Procedure

Now, in order to justify a particular choice of the applicable norm and a particular conclusion legal reasoning has recourse to conflict resolution maxims such as the lex specialis, lex posterior, lex prior and lex superior.

It gives authority to the two bodies of international law that deal with treatment of individuals: human rights and humanitarian law. It will show which conception is able to coherently deal with with other norms of public international law, including the law of treaties, the law of immunities and specialized fields such as international human rights law.The International Criminal Court has ushered in a new era in the protection of human rights.

Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. This third edition of this seminal text on the Court considers it in action: its initial rulings by the Pre-Trial Chambers and the Appeals Chamber and 4/5(2).

International criminal law is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration.

The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression. Feb 01,  · It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.

Nov 25,  · The International Criminal Court in an Effective Global Justice System Linda E. Carter, Mark Steven Ellis and Charles C. Jalloh 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.

The International Criminal Court is not a substitute for national courts. According to the Rome Statute, it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes. The International Criminal Court can only intervene where a State is unable or unwilling.

Some see the International Criminal Court as a beacon of hope while others see it as a legacy of colonialism.

The International Criminal Court: An Introduction

The book focuses on how affects such as a desire for justice through law and the anger at the plunder of resources shape international justice itself.” Author: Kamari Maxine Clarke.