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The Trial Proceedings Of The International Criminal Court

Author: Notburga K. Calvo-Goller

Publisher: BRILL

Published: 2006

Total Pages: 593

ISBN-13: 9004149317

Contains the trial proceedings of the International Criminal Court, the ICTY and the ICTR in one single volume. This book covers the procedural and evidentiary aspects of the trials before the ICC from the beginning of an investigation until the time the convict has served the sentence and it includes ICTY and ICTR precedents.

Trial Justice

Author: Tim Allen

Publisher: Zed Books Ltd.

Published: 2013-04-04

Total Pages: 164

ISBN-13: 1848137931

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The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.

The Emerging Practice of the International Criminal Court

Author: Carsten Stahn

Publisher: BRILL

Published: 2009

Total Pages: 793

ISBN-13: 9004166556

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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.

The Triggering Procedure of the International Criminal Court

Author: Héctor Olásolo

Publisher: Martinus Nijhoff Publishers

Published: 2005

Total Pages: 423

ISBN-13: 9004146156

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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.

An Introduction to the International Criminal Court

Author: William A. Schabas

Publisher: Cambridge University Press

Published: 2011-02-17

Total Pages: 595

ISBN-13: 1139496603

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The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.

International Criminal Justice

Author: Michael Bohlander

Publisher: Cameron May

Published: 2007

Total Pages: 506

ISBN-13: 1905017448

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Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.

The Right to Be Present at Trial in International Criminal Law

Author: Caleb H. Wheeler

Publisher: BRILL

Published: 2018-10-18

Total Pages: 333

ISBN-13: 9004376860

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In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses how the right to be present is understood by international criminal courts and tribunals in the context of the right to a fair trial.

Surrendering to International Criminal Courts: Contemporary Practice and Procedures

Author: Geert-Jan Knoops

Publisher: BRILL

Published: 2021-10-01

Total Pages: 445

ISBN-13: 9004479619

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This innovative book provides an incisive, knowledgeable and comprehensive study of the promises and limitations of the emerging phenomenon of surrender of individuals to international criminal courts, such as the International Criminal Court of the Former Yugoslavia (ICTY), the International Criminal Court of Rwanda (ICTR), and the International Criminal Court (ICC). It is the first study on this area. The author analyses the distinctions and similarities with international extradition norms and persuasively establishes the international legal confinements of the surrender concept and the role of states and NATO-forces within this concept. In developing an international uniform framework for the surrender of individuals to international criminal courts, the author meticulously examines the Statutes of the ICTY, ICTR and ICC as well as their case law on this subject in conjunction with that of the European Court of Human Rights. Published under the Transnational Publishers imprint.

Justice Without Borders

Author: Martin Böse

Publisher: BRILL

Published: 2018-01-25

Total Pages: 484

ISBN-13: 9004352066

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Justice Without Borders is a collection of essays on international criminal law, European criminal law and international cooperation of distinguished authors that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018.

Evidence in International Criminal Trials

Author: Mark Klamberg

Publisher: Martinus Nijhoff Publishers

Published: 2013-02-21

Total Pages: 601

ISBN-13: 9004236511

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Evidence in International Criminal Trials compares procedural activities relevant for international criminal tribunals and the International Criminal Court: evaluation, collection, disclosure, admissibility and presentation of evidence. The book provides guidance on how to confront legal as well as factual issues.