Cooperation and the International Criminal Court
Title | Cooperation and the International Criminal Court PDF eBook |
Author | Olympia Bekou |
Publisher | BRILL |
Pages | 447 |
Release | 2016-04-26 |
Genre | Law |
ISBN | 9004304479 |
The ability of the International Criminal Court (ICC) to function effectively is heavily dependent on cooperation because it does not possess its own enforcement mechanism. In Cooperation and the International Criminal Court: Perspectives from Theory and Practice, edited by Olympia Bekou and Daley J. Birkett, scholars and practitioners in international criminal law provide a detailed analysis of the ICC cooperation regime. Chapters focus on the law and practice of State cooperation, the role of civil society and regional organisations, asset recovery for the purpose of reparations, policy issues and how technology-driven tools can strengthen the ICC cooperation regime in practice. This collection provides a unique insight into the current status of cooperation as well as future challenges for the ICC.
The International Criminal Court – An International Criminal World Court?
Title | The International Criminal Court – An International Criminal World Court? PDF eBook |
Author | Sarah Babaian |
Publisher | Springer |
Pages | 216 |
Release | 2018-05-31 |
Genre | Law |
ISBN | 3319780158 |
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 International Criminal Court
Title | The International Criminal Court PDF eBook |
Author | Olympia Bekou |
Publisher | Routledge |
Pages | 508 |
Release | 2017-11-28 |
Genre | Law |
ISBN | 1351146386 |
The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.
State Behavior and the International Criminal Court
Title | State Behavior and the International Criminal Court PDF eBook |
Author | Franziska Boehme |
Publisher | Routledge |
Pages | 152 |
Release | 2022-06-09 |
Genre | Law |
ISBN | 100059338X |
This book analyzes patterns and causes of state cooperation with the International Criminal Court. The work focuses on several African cases, including those against leading state officials, to dive into current debates about compliance with international law and resistance to international courts. The book, which draws on interview data collected in The Hague, Kenya, and South Africa, reveals the diversity of state behaviors ranging from full compliance and diplomatic support to partial compliance to resistance and exit. This redirects the widespread narrative about African resistance against the ICC to include evidence of continued Court support. It is argued that the degree of cooperation the Court receives is affected by a government’s perceived costs and benefits of executing an ICC request: a cooperation request is considered high cost or low cost depending on the suspect’s position, the type of action requested, and the government’s domestic and regional policy objectives. In response, the Court has been careful not to alienate states further, thus highlighting that the Court is both above and below the state: having the power to charge individuals including state officials, but relying on governments—sometimes those from which suspects come—to take action on behalf of the Court against the same suspects. The book will be of interest to academics, researchers, and policymakers working in the areas of international law, human rights, international criminal justice, and international relations.
The Relationship Between the International Criminal Court and National Jurisdictions
Title | The Relationship Between the International Criminal Court and National Jurisdictions PDF eBook |
Author | Jo Stigen |
Publisher | Martinus Nijhoff Publishers |
Pages | 549 |
Release | 2008 |
Genre | Law |
ISBN | 9004169091 |
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.
Africa and the International Criminal Court
Title | Africa and the International Criminal Court PDF eBook |
Author | Gerhard Werle |
Publisher | Springer |
Pages | 304 |
Release | 2014-09-09 |
Genre | Law |
ISBN | 9462650292 |
The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.
The International Criminal Court and Africa
Title | The International Criminal Court and Africa PDF eBook |
Author | Evelyn A. Ankumah |
Publisher | |
Pages | 0 |
Release | 2016 |
Genre | Criminal courts |
ISBN | 9781780684178 |
While the ICC can be said to contribute to criminal justice in Africa, it cannot be denied that the relationship between the Court and the continent has been troublesome. The ICC has been accused of targeting Africa, and many African states do not seem willing to cooperate with the Court. Debates on Africa and international criminal justice are increasingly politicised.