The Complementarity Regime Of The International Criminal Court

Author: Ovo Catherine Imoedemhe
Publisher: Springer
ISBN: 3319467808
Size: 39.79 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.

Principled International Criminal Justice

Author: Mark Findlay
Publisher: Routledge
ISBN: 1351258346
Size: 74.90 MB
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Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns – the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.

Nigerian Yearbook Of International Law 2017

Author: Chile Eboe-Osuji
Publisher: Springer
ISBN: 3319714767
Size: 59.64 MB
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This book is the inaugural edition of the Nigerian Yearbook of International Law. The Yearbook is a necessary and timely publication that provides a forum for critical discourse on developments in international law, particularly where this has relevance for Nigeria, Africa and its people including those in the diaspora. The articles in this first volume explore topics under the following themes: International Law and Regional Systems, Contemporary Challenges/Emerging Issues, Criminal Law and Natural Resources/Environmental Law. There is also a section, which provides a comprehensive review of key decisions in African and International Courts/Tribunals. Contributors to this edition are international law jurists from across the world, including eminent judges of international tribunals, leading academics and an international diplomat.

The International Criminal Court And Africa

Author: Charles Chernor Jalloh
Publisher: Oxford University Press
ISBN: 0198810563
Size: 74.15 MB
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Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.

Africa And The International Criminal Court

Author: Gerhard Werle
Publisher: Springer
ISBN: 9462650292
Size: 25.20 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.

South Africa S International Criminal Court Act

Author: Max Du Plessis
Publisher:
ISBN:
Size: 73.65 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.

The African Criminal Court

Author: Gerhard Werle
Publisher: Springer
ISBN: 9462651507
Size: 75.52 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.

The International Criminal Court And National Courts

Author: Nidal Nabil Jurdi
Publisher: Routledge
ISBN: 1317027302
Size: 50.61 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.

Humanitarian Intervention And The Au Ecowas Intervention Treaties Under International Law

Author: John-Mark Iyi
Publisher: Springer
ISBN: 3319236245
Size: 58.12 MB
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The book reconciles the conflicts and legal ambiguities between African Union and ECOWAS law on the use of force on the one hand, and the UN Charter and international law on the other hand. In view of questions relating to African Union and UN relationship in the maintenance of international peace and security in Africa in recent years, the book examines the legal issues involved and how they can be resolved. By explaining the legal theory underpinning the validity of the AU-ECOWAS laws, the work provides a legal basis for the adoption of the AU-ECOWAS laws as the frameworks for the implementation of the R2P in Africa.