Criminal courts

The International Criminal Court and Africa

One Decade on

Author: Evelyn A. Ankumah

Publisher: N.A

ISBN: 9781780684178

Category: Criminal courts

Page: 676

View: 555

More than ten years ago the International Criminal Court (ICC) was established as a universal court meant to achieve criminal justice worldwide. That goal still stands, but so far the Court has dedicated most of its time and resources to African conflicts in which international crimes (may) have been committed. 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 politicized. The authors of this volume recognize the current problems and criticism. Yet they do not side with populist pessimists who, after just over a decade of ICC experiences, conclude that the Court and international criminal justice are doomed to fail. Rather, the contributors believe there is a future for international criminal justice, including the ICC. The contributors use their unique specific knowledge, expertise, and experiences as the basis for reflections on the current problems and possible paths for improvement, both when it comes to the ICC as such, and its specific relationship with Africa. [Subject: Criminal Law, African Law, International Law]
Political Science

The Palgrave Handbook of Peacebuilding in Africa

Author: Tony Karbo,Kudrat Virk

Publisher: Springer

ISBN: 3319622021

Category: Political Science

Page: 498

View: 5374

This handbook offers a critical assessment of the African agenda for conflict prevention, peacemaking, peacekeeping, and peacebuilding; the challenges and opportunities facing Africa’s regional organisations in their efforts towards building sustainable peace on the continent; and the role of external actors, including the United Nations, Britain, France, and South Asian troop-contributing countries. In so doing, it revisits the late Ali Mazrui’s concept of Pax Africana, calling on Africans to take responsibility for peace and security on their own continent. The creation of the African Union, in 2002, was an important step towards realising this ambition, and has led to the development of a new continental architecture for more robust conflict management. But, as the volume’s authors show, the quest for Pax Africana faces challenges. Combining thematic analyses and case studies, this book will be of interest to both scholars and policymakers working on peace, security, and governance issues in Africa.
Law

International Criminal Law in Context

Author: Philipp Kastner

Publisher: Routledge

ISBN: 1317198999

Category: Law

Page: 346

View: 8208

International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
Law

Seeking Accountability for the Unlawful Use of Force

Author: Leila Nadya Sadat

Publisher: Cambridge University Press

ISBN: 1316953475

Category: Law

Page: N.A

View: 8383

Despite the conclusion of the International Military Tribunal at Nuremberg that aggression is the 'supreme international crime', armed conflict remains a frequent and ubiquitous feature of international life, leaving millions of victims in its wake. This collection of original chapters by leading and emerging scholars from all around the world evaluates historic and current examples of the use of force and the context of crimes of aggression. As we approach the 75th anniversary of the Nuremberg War Crimes Tribunal, Seeking Accountability for the Unlawful Use of Force examines the many systems and accountability frameworks which have developed since the Second World War. By suggesting new avenues for enhancing accountability structures already in place as well as proposing new frameworks needed, this volume will begin a movement to establish the mechanisms needed to charge those responsible for the unlawful use of force.
Law

The Obligation to Extradite Or Prosecute

Author: Kriangsak Kittichaisaree

Publisher: Oxford University Press

ISBN: 0198823290

Category: Law

Page: 416

View: 5263

Prosecution of serious crimes which are worthy of international concern were few and far between before the initiating of the International Criminal Court in 2002. Fifteen years later, there are still concerns. The United Nations International Law Commission's Working Group on the Obligation to Extradite or Prosecute submitted its own report on the issue in 2014, which has led to numerous, as of yet unanswered, questions. How far are states under an obligation to extradite criminals who shock the world? Are State officials immune from foreign criminal jurisdiction? How can we enforce universal jurisdiction? And what happens when there are competing rules regarding the surrender of persons to a competent international court? Written by the Chairman of that very Commission, Kittichaisaree provides a guide to the final report, offering an analysis of the subject and a unique summary of its drafting history. Authoritative, encyclopaedic, and essential to those in the field, The Obligation to Extradite Or Prosecute critiques the status quo and offers practical solutions as to the road ahead.
Law

Contemporary Issues Facing the International Criminal Court

Author: Richard H. Steinberg

Publisher: Martinus Nijhoff Publishers

ISBN: 9004304452

Category: Law

Page: 496

View: 6208

Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court.
Political Science

Mit zweierlei Maß

Der Westen und das Völkerstrafrecht

Author: Wolfgang Kaleck

Publisher: Verlag Klaus Wagenbach

ISBN: 3803141087

Category: Political Science

Page: 144

View: 5123

Am 1. Juli 2012 wird der Internationale Strafgerichtshof in Den Haag zehn Jahre alt. Doch die Hoffnungen auf eine universale Strafverfolgung von Menschheitsverbrechen wurden enttäuscht. Die Praxis internationaler und nationaler Gerichte muss deswegen verändert werden. Der Erfolg der Nürnberger Prozesse nährte die Erwartung, in Zukunft alle Regierungen für begangene Verbrechen vor Gericht stellen zu können. Aber der Kalte Krieg verhinderte jahrzehntelang eine Umsetzung dieses Versprechens. Wolfgang Kaleck zeichnet in diesem Buch die schier endlose Serie von ungesühnten Völkerrechtsstraftaten westlicher Machthaber von Algerien über Vietnam bis in die Türkei und Kolumbien nach. Trotz der vielversprechenden Schaffung des Internationalen Strafgerichtshofs und der Tribunale für Ruanda und Jugoslawien gibt es noch viele Gründe für Kritik an den stattfindenden wie an den ausbleibenden Verfahren. Kaleck bemängelt, dass das Völkerstrafrecht überwiegend nur auf besiegte afrikanische Potentaten und Generäle angewandt wird und nicht auf die Verbrechen der Großmächte, insbesondere des Westens. Damit stellt die herrschende selektive Strafverfolgungspraxis das Prinzip universell geltender Menschenrechte generell in Frage.
Law

The Sierra Leone Special Court and its Legacy

The Impact for Africa and International Criminal Law

Author: Charles Chernor Jalloh

Publisher: Cambridge University Press

ISBN: 1107029147

Category: Law

Page: 824

View: 9754

The Special Court for Sierra Leone (SCSL) is the third modern international criminal tribunal supported by the United Nations and the first to be situated where the crimes were committed. This timely, important and comprehensive book is the first to critically assess the impact and legacy of the SCSL for Africa and international criminal law. Contributors include leading scholars and respected practitioners with inside knowledge of the tribunal, who analyze cutting-edge and controversial issues with significant implications for international criminal law and transitional justice. These include joint criminal enterprise; forced marriage; enlisting and using child soldiers; attacks against United Nations peacekeepers; the tension between truth commissions and criminal trials in the first country to simultaneously have the two; and the questions of whether it is permissible under international law for states to unilaterally confer blanket amnesties to local perpetrators of universally condemned international crimes.
Law

The Law and Practice of the International Criminal Court

Author: Carsten Stahn

Publisher: Oxford University Press, USA

ISBN: 0198705166

Category: Law

Page: 1326

View: 5003

Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparalleled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organized along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.
Law

The International Criminal Court in Search of its Purpose and Identity

Author: Triestino Mariniello

Publisher: Routledge

ISBN: 1317703081

Category: Law

Page: 288

View: 1127

The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.
Social Science

Slum. Eine Geschichte von Leben, Tod und Hoffnung

Author: Katherine Boo

Publisher: Droemer eBook

ISBN: 3426416158

Category: Social Science

Page: 352

View: 9521

Annawadi ist ein Slum jenseits des luxuriösen Flughafens von Mumbai. Hier wohnen Tausende Menschen in notdürftig errichteten Hütten. Eng ist es hier und schmutzig. Und nicht selten fallen hungrige Ratten nachts über die Kinder her. In Annawadi lebt Abdul, der Müllsammler. Dass er geschickt ist in seinem Job, dass er Müll zu sammeln, zu sortieren und weiterzuverkaufen weiß wie kein Zweiter, ruft viele Neider auf den Plan. Denn der Erfolg des einen bedeutet den möglichen Ruin des anderen. Und jeder in dem Slum kämpft mit allen Mitteln um die pure Existenz. Katherine Boo erzählt nicht nur die Geschichten der Menschen in Annawadi – sie erzählt auch von ihrer Hoffnung und ihrem Streben nach einem besseren Leben und von den Auswirkungen des westlichen Konsums bis in dieses Eckchen der Welt.
History

Rough Justice

The International Criminal Court's Battle to Fix the World, One Prosecution at a Time

Author: David Bosco

Publisher: Oxford University Press

ISBN: 0199844135

Category: History

Page: 297

View: 2690

The story of the movement to establish the International Criminal Court, its tumultuous first decade, and the challenges it will continue to face in the future.
Law

International Law and Changing Perceptions of Security

Liber Amicorum Said Mahmoudi

Author: Jonas Ebbesson,Marie Jacobsson,Mark Adam Klamberg,David Langlet,Pål Wrange

Publisher: Hotei Publishing

ISBN: 9004274588

Category: Law

Page: 372

View: 4874

In International Law and Changing Perceptions of Security the contributors debate how changing concepts and conceptions of security have affected fields such as the use of force, law of the sea, human rights, international environmental law and international humanitarian law.
Criminal procedure (International law)

Prosecuting International Crimes in Africa

Author: Chacha Murungu,Japhet Biegon

Publisher: PULP

ISBN: 0986985783

Category: Criminal procedure (International law)

Page: 362

View: 7180

"Prosecuting international crimes in Africa contributes to the understanding of international criminal justice in Africa. The books argues for the rule of law, respect for human rights and the eradication of a culture of impunity in Africa. it is a product of peer-reviewed contributions from graduates of the Centre for Human Rights, Faculty of Law, University of Pretoria, where the Master's degree programme in Human Rights and Democratisation in Africa has been presented since 2000"--Back cover.
Political Science

Institutional Supports for the International Rule of Law

Author: Charles Sampford,Ramesh Thakur

Publisher: Routledge

ISBN: 1317637542

Category: Political Science

Page: 182

View: 6226

The rule of law is widely seen as the cornerstone of any effective polity and increasingly a vital component of the international political system. If the international rule of law were to be strengthened, it would greatly contribute to trade, security, human rights and global cooperation in a range of fields. Yet, in many areas the rule of law seems almost absent in international affairs. This book explores the institutions that support the effectiveness of the rule of law domestically. It focuses on the extent to which similar institutions already exist at international level and analyses the possibility of their further development. The authors speculate on how the international rule of law might be advanced in the future, thereby suggesting potential strategies for strengthening the international rule of law. Adopting an interdisciplinary approach and combining the fields of international relations, politics and law, this book covers a range institutions including: UN Security Council International Court of Justice Human rights machinery Regional human rights International Criminal Court World Trade Organization International Tribunal for the Law of the Sea UN Department of Peacekeeping Operations. It will be of strong interest to students and scholars of international relations, international organisations, global governance, international law, migration law, international peace and security law, applied ethics, political economy, political science and sociology.
Law

Völkerstrafrechtspolitik

Praxis des Völkerstrafrechts

Author: Christoph Safferling,Stefan Kirsch

Publisher: Springer-Verlag

ISBN: 3642289347

Category: Law

Page: 470

View: 3431

Zehn Jahre nach dem Inkrafttreten des Völkerstrafgesetzbuches (VStGB) vereinigt der vorliegende Sammelband unterschiedliche Blickwinkel und Perspektiven auf das noch junge Gesetzeswerk und dessen Praxis. Die Bestandsaufnahme enthält – neben einem Blick auf die Rechtslage in Österreich und der Schweiz – Beiträge zur Entstehung des Gesetzes, seiner Anwendung in der Praxis und zu aktuellen Entwicklungen. Dabei wird eines klar: ohne einen interdisziplinären Ansatz, der neben rechtsdogmatischen Erwägungen auch politische und historische Argumente zulässt, können die mit der Ausbildung einer internationalen Strafrechtsordnung verbundenen Herausforderungen nicht gemeistert werden.
Law

Victims' Rights and Advocacy at the International Criminal Court

Author: T. Markus Funk

Publisher: Oxford University Press

ISBN: 0199774463

Category: Law

Page: 480

View: 9010

Victims' Rights and Advocacy at the International Criminal Court is the first detailed analysis of the newly-recognized right of victims to participate in the trials of their accused abusers. Author T. Markus Funk draws on his extensive background in international criminal law and litigation to walk the reader through this unique - and, indeed, controversial - body of procedural and substantive rights for victims of atrocity crimes. To set the stage for his analysis, Mr. Funk provides a historical account of the ICC's creation and the origins of victims' rights. In addition, Mr. Funk gives the reader practical guidance on what it takes to litigate cases before the Court. This background, in turn, allows the reader to work through a number of key questions: How does the ICC function and how is it structured? What are the legal, theoretical, and political pillars upon which the ICC is built? What is the proper role for victims in atrocity crimes litigation? How successfully has the ICC lived up to its promises to victims? How does one become an ICC victim representative, prosecutor, or judge, and what does it take to fulfill the mandate of these positions? What are the costs and benefits sovereign nations must weigh before joining the ICC? What institutional flaws have kept the ICC, as well as other predecessor ad hoc tribunals, from meeting the weighty expectations they have set for themselves and the world community? In addition to addressing these key issues, Mr. Funk proposes concrete reforms to help the ICC fulfill its mission of effectively redressing past atrocities, while preserving the rights of both victims and the accused. The book also presents a detailed explanation of the ICC's rules of procedure and evidence and other practical issues impacting the Court's daily litigation practice. Featuring a foreword by Paolina Massidda, Principal Counsel of the Office of Public Counsel for Victims at the International Criminal Court, Victims' Rights and Advocacy at the International Criminal Court equips lawyers, victim advocates, academics, government officials, and other interested Court observers and decision-makers with a thorough understanding of the promises and potential pitfalls of victim advocacy, and, indeed, advocacy in general, at the ICC. The book, therefore, is an indispensable guide to anyone interested in this new, important and constantly-evolving juridical body.
Political Science

The Contribution of the Rwanda Tribunal to the Development of International Law /cby L.J. Van Den Herik

Author: L. J. Van Den Herik

Publisher: Martinus Nijhoff Publishers

ISBN: 900414580X

Category: Political Science

Page: 324

View: 8830

This book offers a thorough analysis of the establishment and the Statute of the International Criminal Tribunal for Rwanda. Furthermore, it gives insight into how the Rwanda Tribunal has operated in practice during its first ten years and it examines the case law on the three major international crimes: genocide, crimes against humanity and war crimes. The author provides a balanced judgement of the contribution of the Rwanda Tribunal towards the development of international criminal law, emphasizing its strong points, in particular the case law on genocide, but also exposing its weaknesses in terms of legal reasoning. The author also demonstrates the inherent limits of the Rwanda Tribunal due to the political and social situation within Rwanda and due to its own Statute.
Law

Peace and Justice at the International Criminal Court

A Court of Last Resort

Author: Errol Mendes

Publisher: Edward Elgar Publishing

ISBN: 1849807027

Category: Law

Page: 215

View: 5018

Errol Mendes spent nearly a year as a Visiting Professional with the Prosecutor of the International Criminal Court. This has given him a unique perspective and some special insight into the big situations confronting the Court, including Darfur, Palestine and Uganda. William A. Schabas, National University of Ireland, Galway This authoritative book addresses the greatest challenge facing the International Criminal Court since its historic establishment in 1998: reconciling the demand for justice for the most serious crimes known to humanity with the promotion of sustainable peace in conflict areas around the world. In describing and analyzing this challenge, Errol Mendes demonstrates that the Court is a product of centuries of global efforts to integrate peace with justice. Focusing on two important prosecutions involving indictments of the president and other senior officials of Sudan and a savage rebel group in Northern Uganda, the author argues that the choice between peace and justice is not a zero sum game. Based on knowledge and experience obtained during his time as a visiting professional at the Court, the author combines insights from Court leaders with his own analysis in his call for greater international cooperation with the Court in fulfilling its mandate and overcoming other obstacles that threaten its work into the future. Scholars and students of criminal justice, international studies, political science and human rights, as well as civil society groups, government officials and those working with international justice organizations, will find in this book a unique and sophisticated perspective on this complex dilemma.