The Effectiveness of the Exercise of Jurisdiction by the International Criminal Court
Title | The Effectiveness of the Exercise of Jurisdiction by the International Criminal Court PDF eBook |
Author | Susan Hannah Farbstein |
Publisher | |
Pages | 98 |
Release | 2001 |
Genre | Genocide |
ISBN |
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.
Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes
Title | Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes PDF eBook |
Author | Morten Bergsmo |
Publisher | Torkel Opsahl Academic EPublisher |
Pages | 314 |
Release | 2010-08-01 |
Genre | Law |
ISBN | 8293081147 |
This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.
Complementarity in the Line of Fire
Title | Complementarity in the Line of Fire PDF eBook |
Author | Sarah M. H. Nouwen |
Publisher | Cambridge University Press |
Pages | 529 |
Release | 2013-11-07 |
Genre | Law |
ISBN | 1107010780 |
"This book follows as LAW"--
Challenges facing the efficacy of International Criminal Law
Title | Challenges facing the efficacy of International Criminal Law PDF eBook |
Author | Elizabeth Njoki |
Publisher | GRIN Verlag |
Pages | 19 |
Release | 2019-03-06 |
Genre | Law |
ISBN | 3668891761 |
Academic Paper from the year 2018 in the subject Politics - Topic: Public International Law and Human Rights, grade: 4, University of Nairobi, course: Bachelor of Laws, language: English, abstract: This paper is a critical analysis of how the game of world politics has jeopardized the efficacy of International Criminal Law (ICL). International Criminal Law exists within a political space. It’s a ship in an ocean filled with storms of supremacy battles, power games, sovereignty conversations, self-interests and a lot more of political tides. This paper seeks to analyse how safely the ICL ship sails in the fierce waters. It seeks to see how the tides have affected the stability of the ship. Will the ICL vessel safely get to dock or is it faced with a risk of shipwreck? The article concludes that there is indeed a danger of the ship being overthrown by the fierce waters and gives a recommendation to rescue the ship by adopting a definition of state sovereignty to the effect that all are above the law but bound by the law. This will make the objective of International Criminal Law realizable and deliver it from the fate of ineffectualness.
The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties
Title | The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties PDF eBook |
Author | Monique Cormier |
Publisher | Cambridge University Press |
Pages | 273 |
Release | 2020-08-20 |
Genre | Law |
ISBN | 1108499309 |
The first book-length work to provide a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties.
The International Criminal Court and National Jurisdictions
Title | The International Criminal Court and National Jurisdictions PDF eBook |
Author | Federica Gioia |
Publisher | Routledge |
Pages | 316 |
Release | 2016-12-05 |
Genre | Law |
ISBN | 1351887564 |
At a stage in its development when the workings of the International Criminal Court may be assessed, this timely volume provides valuable insights into its activities and, in particular, its interaction with national jurisdictions and international organizations. The contributors discuss a broad range of topics and present a 'first assessment' of complementarity. They address the issues at the heart of the substantive and procedural law of the Court and examine aspects relating to national implementation and international cooperation. These proceedings are the latest addition to the Trento Conference series, bringing together a wide range of leading scholars, diplomats and representatives of international organizations. As such, they provide an important contribution to the ongoing debate surrounding International Criminal Law and the International Criminal Court in particular. This thought-provoking study will be of value to researchers and policy makers alike.