UN Security Council Referrals to the International Criminal Court
Title | UN Security Council Referrals to the International Criminal Court PDF eBook |
Author | Alexandre Skander Galand |
Publisher | BRILL |
Pages | 278 |
Release | 2018-11-26 |
Genre | Law |
ISBN | 9004342214 |
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.
The Crime of Aggression
Title | The Crime of Aggression PDF eBook |
Author | Claus Kreß |
Publisher | Cambridge University Press |
Pages | |
Release | 2016-10-27 |
Genre | Law |
ISBN | 1108107494 |
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.
The Statute of the International Criminal Court
Title | The Statute of the International Criminal Court PDF eBook |
Author | M. Cherif Bassiouni |
Publisher | |
Pages | 840 |
Release | 1998 |
Genre | Law |
ISBN |
83/2/Add. 1, Criminal Court,1998)
The Law and Practice of the International Criminal Court
Title | The Law and Practice of the International Criminal Court PDF eBook |
Author | Carsten Stahn |
Publisher | Oxford University Press, USA |
Pages | 1441 |
Release | 2015 |
Genre | Law |
ISBN | 0198705166 |
The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
The Territorial Jurisdiction of the International Criminal Court
Title | The Territorial Jurisdiction of the International Criminal Court PDF eBook |
Author | Michalēs Vagias |
Publisher | Cambridge University Press |
Pages | 379 |
Release | 2014-10-16 |
Genre | Law |
ISBN | 1107034272 |
Michael Vagias analyses the law and procedure surrounding the territorial jurisdiction of the International Criminal Court.
Commentary on the Law of the International Criminal Court
Title | Commentary on the Law of the International Criminal Court PDF eBook |
Author | Mark Klamberg |
Publisher | Torkel Opsahl Academic EPublisher |
Pages | 819 |
Release | 2017-04-29 |
Genre | Law |
ISBN | 8283481010 |
The Triggering Procedure of the International Criminal Court
Title | The Triggering Procedure of the International Criminal Court PDF eBook |
Author | Héctor Olásolo |
Publisher | Martinus Nijhoff Publishers |
Pages | 423 |
Release | 2005 |
Genre | Political Science |
ISBN | 9004146156 |
The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.