Description : 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.
Description : This book examines the legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court.
Description : Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.
Description : 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.
Description : This new Council Policy Initiative thoroughly examines three options for U.S. policy: endorse the ICC, reject the ICC, or work with the ICC as a nonparty while seeking to resolve U.S. objections to the treaty.
Description : The book provides a holistic examination of the jurisdiction of the International Criminal Court (ICC). The main focus is placed on the three pillars which form the ICC’s foundation pursuant to the Rome Statute: the preconditions to the exercise of its jurisdiction (Article 12 Rome Statute) the substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression) the principle of complementarity (Article 17§1 (a) Rome Statute) The latter governs the ICC's ‘ultimate jurisdiction’, since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution. Finally yet importantly, the main ‘negative preconditions’ for the Court’s jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature.
Description : The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
Description : North American law has been transformed in ways unimaginable before 9/11. Laws now authorise and courts have condoned indefinite detention without charge on secret evidence, mass secret surveillance, and targeted killing of U.S. citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. This book demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion in a specific belief that 9/11 was the harbinger of a new order of terror.