The Complementarity Regime Of The International Criminal Court

Author: Ovo Catherine Imoedemhe
Publisher: Springer
ISBN: 3319467808
Size: 42.33 MB
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This book analyses how the complementarity regime of the ICC’s Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’ or ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a clear and comprehensive framework for how states can implement it. The book proposes such a framework and argues that a mutually inclusive interpretation and application of complementarity would increase domestic prosecutions and reduce self-referrals to the ICC. African states need to have an appropriate legal framework in place, implementing legislation and institutional capacity as well as credible judiciaries to investigate and prosecute international crimes. The mutually inclusive interpretation of the principle of complementarity would entail the ICC providing assistance to states in instituting this framework while being available to fill the gaps until such time as these states meet a defined threshold of institutional preparedness sufficient to acquire domestic prosecution. The minimum complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law and ensuring the institutional preparedness to conduct complementarity-based prosecution of international crimes. Furthermore, it assists the ICC in ensuring consistency in its interpretation of complementarity.

South Africa S International Criminal Court Act

Author: Max Du Plessis
Publisher:
ISBN:
Size: 69.85 MB
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On 17 July 1998 South Africa signed and ratified the Rome Statute of the International Criminal Court, thereby becoming the 23rd State Party. To domesticate the obligations in the Rome Statute, South Africa's parliament drafted The Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which became law on 16 August 2002. The passing of the ICC Act was momentous: prior to the Act, South Africa had no domestic legislation on the subject of war crimes or crimes against humanity, and no domestic prosecutions of international crimes had taken place in this country. The ICC Act is the means by which to remedy that failure, and is in any event the domestic legislation that South Africa (as a State Party to the Rome Statute) was legally obliged to pass in order to comply with its duties under the Statute's complementarity scheme. This paper reflects on South Africa's membership of the ICC regime, and considers the domestic steps the country has taken in its relationship with the ICC. There is much to commend South Africa's involvement in the ICC scheme, and the ICC Act might be considered an example for other African states as they draft their own implementation legislation.

Africa And The International Criminal Court

Author: Gerhard Werle
Publisher: Springer
ISBN: 9462650292
Size: 68.12 MB
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The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.

The International Legal Responsibility Of The European Union In The Context Of The World Trade Organization In Areas Of Non Conferred Competences

Author: Plarent Ruka
Publisher: Springer
ISBN: 331957177X
Size: 17.46 MB
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This work focuses on the EU’s participation in the Dispute Settlement Proceedings (DSP) of the WTO for matters of non-conferred competences. The underlying thesis is that the joint membership of the EU and its Member States is fallacious, in that it could cause the EU to become responsible for violations of the WTO regulations on the part of the Member States. Such fallacies are rooted in the blurred nature of the distribution of powers in the EU polity.In order to tackle the issue of international responsibility, the analysis is based on the facts of a real-world case. Based on the tenets of public international law, the law of mixed agreements and the EU constitutional principles, the book puts forward a model for the EU’s participation in the DSP, and for the reallocation of burdens to the respective responsible entity. This proposition deconstructs the joint responsibility regime and endorses a solution that could address the issue of responsibility in mixed agreements without a declaration of powers.

The African Criminal Court

Author: Gerhard Werle
Publisher: Springer
ISBN: 9462651507
Size: 37.17 MB
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This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.

Climate Change Security Risks And Conflict Reduction In Africa

Author: Charlène Cabot
Publisher: Springer
ISBN: 3642292372
Size: 61.49 MB
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Millions of people are already affected by weather-related shocks every year in West Africa and climate change is highly likely to increase these threats. In the wake of climate change, rising temperatures, increasingly irregular rainfall and more frequent natural hazards will endanger the ways of life of vulnerable population groups in this region and destabilize their human security. A surge in violence and conflicts could take place. One of the conflict constellations could be between farmers and herders. These groups are highly vulnerable to climate change due to their dependence on natural resources Millions of people are already affected by weather-related shocks every year in West Africa and climate change is highly likely to increase these threats. In the wake of climate change, rising temperatures, increasingly irregular rainfall and more frequent natural hazards will endanger the ways of life of vulnerable population groups in this region and destabilize their human security. A surge in violence and conflicts could take place. One of the conflict constellations could be between farmers and herders. These groups are highly vulnerable to climate change due to their dependence on natural resources for their subsistence. Furthermore, they are historically prone to enter into conflict over issues of access to natural resources. However, social, economic and political circumstances fundamentally influence environmental conflicts. There might thus be opportunities to face the societal challenges of climate change in a peaceful way and the political and institutional framework could play an important role in reducing conflict and violence. In order to explore such a path, this study analyses the potential of political factors (policies and institutions) for the reduction of climate-change-induced or aggravated conflicts between farmers and herders. After a theoretical demonstration, a case study of agro-pastoral conflicts in Burkina Faso, Côte d’Ivoire, and Ghana is conducted. their subsistence. Furthermore, they are historically prone to enter into conflict over issues of access to natural resources. However, social, economic and political circumstances fundamentally influence environmental conflicts. There might thus be opportunities to face the societal challenges of climate change in a peaceful way and the political and institutional framework could play an important role in reducing conflict and violence. In order to explore such a path, this study analyses the potential of political factors (policies and institutions) for the reduction of climate-change-induced or ‐aggravated conflicts between farmers and herders. After a theoretical demonstration, a case study of agro-pastoral conflicts in Burkina Faso, Côte d’Ivoire, and Ghana is conducted.

The Emerging Practice Of The International Criminal Court

Author: Carsten Stahn
Publisher: BRILL
ISBN: 9004166556
Size: 32.61 MB
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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 International Criminal Court At The Mercy Of Powerful States

Author: Res Schuerch
Publisher: Springer
ISBN: 9462651922
Size: 41.56 MB
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This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.

The International Criminal Court And National Courts

Author: Nidal Nabil Jurdi
Publisher: Routledge
ISBN: 1317027302
Size: 27.91 MB
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This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.