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The International Criminal Court in Search of its Purpose and Identity: Routledge Research in International Law

Editat de Triestino Mariniello
en Limba Engleză Paperback – 30 noi 2016
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.
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Specificații

ISBN-13: 9781138280588
ISBN-10: 1138280585
Pagini: 306
Dimensiuni: 156 x 234 x 21 mm
Greutate: 0.45 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Routledge Research in International Law

Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate

Cuprins

Introduction: ‘One, No One and One Hundred Thousand’: Reflections on the Multiple Identities of the ICC, Triestino Mariniello  Part 1: Crimes and Modes of Liability1. The case for inclusion of terrorism in the jurisdiction of the International Criminal Court, Harmen van der Wilt & Inez Braber  2. Command responsibility, joint commission and ‘control over the crime’ approach in the first ICC jurisprudence, Chantal MeloniPart 2: Rights of the Accused and of Victims3. The right not to be tried twice for international crimes: An overview of the ne bis in idem principle within the Statutes of the ICC and the International Criminal Tribunals, Stefano Manacorda & Giulio Vanacore4. Balancing Rights of the Accused with Rights of Victims before the International Criminal Court, Morris Anyah  5. Lubanga Decision on Victims' Reparations: Handing off the Hot Potato?, Paolo Lobba  Part 3: The Relationship between the International Criminal Court and States6. Building National Capacity for the International Criminal Court: Prospects and Challenges, Olympia Bekou7. Has the International Criminal Court Unfairly Targeted Africa or has Africa Unfairly Targeted the International Criminal Court?, Lyal S. Sunga8. Transitional Justice in DRC: The 2014 Amnesty Law and the Principle of Complementarity – Quid Juris?, Patricia Pinto Soares  Part 4: Applicable Law and Judicial Creativity9. The first Decision on Sentence of the International Criminal Court in the Lubanga case: Great (Unmet) Expectations, SilviaD'Ascoli10. The Confirmation of Charges at the International Criminal Court: A Tale of Two Models , Triestino Mariniello& Niccolò Pons  11. From Lubanga to Ruto: Witness Proofing under the Applicable Law of the ICC, Sarah Finnin  12. General Principles of Law in the Early Jurisprudence of the ICC, Mohamed Badar & Noelle Higgins

Recenzii

Presenting insightful commentary and analysis of the workings of the ICC, this book is a valuable contribution to studies in international law, particularly in the face of increasing terrorist threats to international stability. - Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
"Contributors to Mariniello’s collection focus on the procedural and substantive challenges faced by the International Criminal Court (ICC), the first permanent international criminal tribunal. Essays seek to elaborate ways in which the Court may resolve difficulties; to consider the relationship between the ICC and states; and to explore the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed." - Law and Social Inquiry Journal

Descriere

This book critically analyses the law and practice of the International Criminal Court (ICC), and its contribution to the development of international criminal law. The book focuses on the key procedural and substantive challenges, faced by the ICC. Contributors to the book include leading experts in international criminal justice who cover topics including: proposals for new generation of international crimes, victims’ reparations, the evidentiary threshold for the confirmation of charges, and claims that the ICC has unfairly targeted African countries. In drawing together these strands the book assesses how the ICC’s practice could be refined or improved in future cases.