The Law and Practice of the International Criminal Court
(Sprache: Englisch)
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...
The International Criminal...
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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 unparallelled 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 organised 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
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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.
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Inhaltsverzeichnis zu „The Law and Practice of the International Criminal Court “
- Introduction More than a Court, Less than a Court, Several Courts in One? - The International Criminal Court in Perspective
- Part 1: Context, Challenges, and Constraints
- 1: Richard Dicker: The International Criminal Court (ICC) and Double Standards of International Justice
- 2: Leslie Vinjamuri: The ICC and the Politics of Peace and Justice
- 3 The Relationship between the ICC and the United Nations Security Council: Deborah Ruiz Verduzco
- 4: Anton Du Plessis and Ottilia Anna Maunganidze: The ICC and the AU
- 5: Stuart Ford: How Much Money Does the ICC Need?
- 6: Jonathan O'Donohue: The ICC and the ASP
- Part 2: The Relationship to Domestic Jurisdictions
- 7: Rod Rastan: Jurisdiction
- 8: Mohamed M El Zeidy: Ad hoc Declarations of Acceptance of Jurisdiction: The Palestinian Situation under Scrutiny
- 9: Harmen van der Wilt: Self-Referrals as an Indication of the Inability of States to Cope with Non-State Actors
- 10: Carsten Stahn: Admissibility Challenges Before the ICC: From Quasi-Primacy to Qualified Deference?
- 11: Robert Cryer: The ICC and its Relationship to Non-States Parties
- 12: Dov Jacobs: The Frog that Wanted to Be an Ox: The ICCs Approach to Immunities
- Part 3: Prosecutorial Policy and Practice
- 13: Paul Seils: Putting Complementarity in its Place
- 14: Susana SáCouto and Katherine Cleary Thompson: Investigative Management, Strategies, and Techniques of the ICCs OTP
- 15: Fabricio Guariglia and Emeric Rogier: The Selection of Situations and Cases by the OTP of the ICC
- 16: William Schabas: Selecting Situations and Cases
- 17: Jenia Iontcheva Turner: Accountability of International Prosecutors
- Part 4: The ICC and Its Applicable Law
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18: Gilbert Bitti: Article 21 and the Hierarchy of Sources of Law before the ICC
19: Joseph Powderly: The Rome Statute and the Attempted Corseting of the Interpretative Judicial Function: Reflections on Sources of Law and Interpretative Technique
20: Elies van Sliedregt: Perpetration and Participation in Article 25(3)
21: Jens David Ohlin: Co-Perpetration: German Dogmatik or German Invasion?
22: Thomas Weigend: Indirect Perpetration
23: Hector Olasolo: Forms of Accessorial Liability under Article 25(3)(b) and (c)
24: Kai Ambos: The ICC and Common Purpose - What Contribution is Required under Article 25(3)(d)?
25: Alejandro Kiss: Command Responsibility under Article 28 of the Rome Statute
26: Mohamed Elewa Badar and Sara Porro: Rethinking the Mental Elements in the Jurisprudence of the ICC
27: Claus Kreß: The ICCs First Encounter with the Crime of Genocide: The Case against Al Bashir
28: Darryl Robinson: Crimes against Humanity: A Better Policy on Policy
29: Michael A. Newton: Charging War Crimes: Policy and Prognosis from a Military Perspective
30: Anthony Cullen: The Characterization of Armed Conflict in the Jurisprudence of the ICC
31: Roger S. Clark: Th
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Autoren-Porträt von Carsten Stahn
Carsten Stahn is Professor of International Criminal Law and Global Justice at Leiden University and Program Director of the Grotius Centre. He is the author of The Law and Practice of International Territorial Administration: Versailles to Iraq and Beyond. He has published articles on international criminal law and transitional justice in leading international journals (American Journal of International Law, European Journal of International Law, Journal of International Criminal Justice, Harvard International Law Journal), and edited several collections of essays in the field.Bibliographische Angaben
- Autor: Carsten Stahn
- 2015, 1440 Seiten, Maße: 17,9 x 25,7 cm, Gebunden, Englisch
- Herausgegeben: Carsten Stahn
- Verlag: Oxford University Press
- ISBN-10: 0198705166
- ISBN-13: 9780198705161
- Erscheinungsdatum: 12.06.2015
Sprache:
Englisch
Pressezitat
This book provides a preeminent contribution to current comprehension of the ICC and the international criminal justice project. The Law and Practice of the International Criminal Court comprehensively addresses many of the contentious issues facing the Court and provides new ways of appreciating these issues. A key strength is that the authors are from a wide variety of backgrounds: academia, non-governmental sphere and practice. This provides a diversity of approaches and information. In this volume, Stahn has brought together many of the strongest contributors to the field of international criminal justice. Sophie Rigney, Journal of International Criminal Justice
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