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Connie de la Vega and Alen Mirza

A Practical Guide to Using International Human Rights and Criminal Law Procedures 3 Advocacy at the International Criminal Court Luke Fadem In the aftermath of enormous suffering caused by atrocity crimes, an international criminal trial is for many the closest we can come to accountability. When these crimes are exposed at trial and made part of a permanent global record, and after those who committed the crimes are punished, there is some measure of justice. If the convictions are followed by reparations, the suffering of victim communities is

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Peace and Justice at the International Criminal Court

A Court of Last Resort, Second Edition

Errol P. Mendes

This book focuses on how the International Criminal Court seeks accountability for the most serious crimes. Errol P. Mendes dives deep into the facts and rulings of the Court that involved some of the most serious conflicts in recent times to demonstrate that justice is critical for sustainable peace. What results is a detailed but honest critique of where the Court succeeds and where it needs to improve. The author goes on to provide a prediction of the greatest challenges facing the Court in the foreseeable future. This book is a valuable resource for academics and students in international criminal law and practice, public international relations, political science, military and, war studies etc.
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Andrea Birdsall and Anthony F. Lang, Jr.

29  The International Criminal Court and global constitutionalism* Andrea Birdsall and Anthony F. Lang, Jr. INTRODUCTION How does the International Criminal Court (ICC, hereafter the Court) embody the principles of constitutionalism? We look to the internal structure and practice of the Court to explore this question. We propose two types of constitutionalism in this chapter: international constitutionalism which describes a legal and political order in which states are the primary agents and global constitutionalism in which individual people are the primary

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Roberta Arnold

19. Terrorism, war crimes and the International Criminal Court Roberta Arnold 1 INTRODUCTION Over almost two decades since the adoption of the Rome Statute for an International Criminal Court (ICC) in 1998, this chapter considers whether the jurisprudential developments after the 11 September 2001 terrorist attacks may have paved the way to prosecute acts of terrorism as an international crime within the ICC’s jurisdiction.1 Following the launching of the United States’ ‘war on terror’ against Al Qaeda in response to 9/11, lawyers had to be creative2 to

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Connie de la Vega

Created pursuant to the Rome Statute for the International Criminal Court which was adopted by the UN Diplomatic Conference in 1998. The court was set up in The Hague, Netherlands in 2002 when the treaty entered into force. The ICC has jurisdiction only over individuals for crimes committed by people from States that are party to the Rome Statute and for crimes committed on the territory of a State Party. The Security Council can also refer cases to the Prosecutor acting under Chapter VII of the Charter of the United Nations. The ICC cannot

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Doris Buss

JOBNAME: Steans PAGE: 1 SESS: 3 OUTPUT: Tue Jun 21 10:38:38 2016 20. International criminal courts Doris Buss In the last two decades, international criminal courts – such as the International Criminal Tribunals for Rwanda and Yugoslavia or the International Criminal Court – have emerged as sites for holding individuals, including state leaders, responsible for large-scale violence and conflict. As arenas with substantial legal and political authority, international courts provide civil society actors, including feminists, with a venue to influence how

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Rosemary Grey and Louise Chappell

JOBNAME: EE10 Rimmer PAGE: 1 SESS: 6 OUTPUT: Tue Mar 12 10:34:52 2019 13. ‘Gender-just judging’ in international criminal courts: new directions for research Rosemary Grey and Louise Chappell I. INTRODUCTION A key theme in discussions about gender and judging in international criminal courts is the under-representation of women on the bench.1 This focus on sex representation on the bench is justified: for example, there were no female judges in the international tribunals in Nuremberg and Tokyo after World War II, and female judges were in the minority in the

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James Gallen

JOBNAME: Lawther PAGE: 3 SESS: 4 OUTPUT: Fri May 26 11:14:44 2017 15. The International Criminal Court: In the interests of transitional justice? James Gallen INTRODUCTION The relationship of the International Criminal Court (ICC) to transitional justice remains controversial and contested. The Court has the potential not only to play a valuable role in transitional justice but also to compete with goals pursued in a broader transitional justice strategy. This chapter will first examine the claims of how prosecutions contribute to the pursuit of accountability

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The UN Security Council and the International Criminal Court

The Referral Mechanism in Theory and Practice

Gabriel M. Lentner

Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centred on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations.
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Anita Ušacka

JOBNAME: Scheinin PAGE: 3 SESS: 7 OUTPUT: Fri Mar 11 15:19:27 2016 13. Constitutionalism and human rights at the International Criminal Court Anita Ušacka* 1. INTRODUCTION Judicial interpretation of legal texts and the role of judges as guardians of the principles set forth in a domestic constitution and of human rights law has long been a source of rich discussion at national and international level. A conference was organized in Oslo in 2002 by Professor Eivind Smith and aimed at the presentation and discussion between practitioners and academics of approaches