The emerging practice of the International Criminal Court / edited by Carsten Stahn and Goran Sluiter ; with a foreword by Adriaan Bos.

Format:

Book

Contributor:

Stahn, Carsten, 1971-

Sluiter, Göran.

Series:

Legal aspects of international organization ; 48.

Legal aspects of international organization ; v. 48

Language:

English

Subjects (All):

International criminal courts--Rules and practice.

International criminal courts.

International Criminal Court.

Physical Description:

1 online resource (792 p.)

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2009.

Language Note:

English

Summary:

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 Court’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.

Contents:

ICC marks five years since entry into force of rome statute / Judge Philippe Kirsch

The International Criminal Court in motion / Luis Moreno Ocampo

The International Criminal Court five years on : andante or moderato? / Antonio Cassese

The International Criminal Court- its relationship to domestic jurisdictions / Judge Hans-Peter Kaul

Auto-referrals and the complementary nature of the ICC / Jann K. Kleffner

The legitimacy of withdrawing state party referrals and ad hoc declarations under the statute of the International Criminal Court / Mohamed M. El Zeidy

Shaping the contours of domestic justice : the International Criminal Court and an admissibility challenge in the Uganda situation / William W. Burke-White & Scott Kaplan

The International Criminal Court and its relationship to non-party states / Robert Cryer

The International Criminal Tribunal for the former Yugoslavia : transitional justice, the transfer of cases to national courts, and lessons for the ICC / David Tolbert and Aleksandar Kontic

The responsibility to enforce-connecting justice with unity / Rod Rastan

Peace, security, and prosecutorial discretion / Jens David Ohlin

The selection of cases by the office of the prosecutor of the International Criminal Court / Fabricio Guariglia

Developing and implementing an effective positive complementarity prosecution strategy / Christopher Keith Hall

Prosecutorial discretion and gravity / William A. Schabas

Judicial review of prosecutorial discretion : five years on Carsten Stahn

Article 21 of the statute of the International Criminal Court and the treatment of sources of law in the jurisprudence of the ICC / Gilbert Bitti

The status of ICTY and ICTR precedent in proceedings before the ICC / Volker Nerlich

Committing liability in international criminal law / Steffen Wirth

Developments in the distinction between principal and accessorial liability in light of the first case-law of the international criminal court / Hector Olasolo

Identifying an armed conflict not of an international character / Sandesh Sivakumaran

Can the "elements of crimes" narrow or broaden responsibility for criminal behaviour defined in the Rome statute? / Otto Triffterer

A structural analysis of the role of the pre-trial chamber in the fact-finding process of the ICC / Simon De Smet

Fairness and expeditiousness in the international criminal court's pre-trial proceedings / Ekaterina Trendafilova

Human rights protection in the ICC pre-trial phase / Goran Sluiter

How to achieve fair and expeditious trial proceedings before the ICC : is it time for a more judge-dominated approach? / Robert Heinsch

The trial chamber's discretionary power to devise the proceedings before it and its exercise in the trial of Thomas Lubanga Dyilo / Reinhold Gallmetzer

The first jurisprudence of the appeals chamber of the icc / Franziska C. Eckelmans

Interlocutory appeals in the early practice of the international criminal court / Hakan Friman

Contribution of the registry to greater respect for the principles of fairness and expeditious proceedings before the International Criminal Court / Marc Dubuisson, Anne-Aurore Bertrand and Natacha Schauder

A review of the experiences of the pre-trial and appeals chambers of the International Criminal Court regarding the disclosure of evidence / David Scheffer

"Witness proofing" before the ICC : neither legally admissible nor necessary / Kai Ambos

Anonymous witnesses before the international criminal Court : due process in dire straits / Michael E. Kurth

Article 68 (3) and personal interests of victims in the emerging practice of the ICC / Sergey Vasiliev

Role and practice of the office of public counsel for victims / Paolina Massidda and Sarah Pellet

The crime of aggression / Roger S. Clark

Evaluating domestic legislation on the customary crime of aggression under the Rome statute's complementarity regime / Astrid Reisinger Coracini

Demystifying the procedural framework of the international criminal court : a modest proposal for radical revision / Bacle Don Taylor III.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-282-39840-7

9786612398407

90-04-18075-3

OCLC:

593231003

Publisher Number:

10.1163/ej.9789004166554.i-774 DOI