Complementarity, Catalysts, Compliance
Complementarity, Catalysts, Compliance

Author: Christian M. De Vos

Publisher: Cambridge University Press

Published: 2020-04-23

Total Pages: 389

ISBN-13: 1316996972

DOWNLOAD EBOOK

Since its establishment at the turn of the century, a central preoccupation of the International Criminal Court (ICC) has been to catalyse the pursuit of criminal accountability at the domestic level. Drawing on ten years of research, this book theorizes the ICC's principle of complementarity as a transnational site and adaptive strategy for realizing an array of ambitious governance goals. Through a grounded, inter-disciplinary approach, it illustrates how complementarity came to be framed as a 'catalyst for compliance' and its unexpected effects on the legal frameworks and institutions of three different ICC 'situation countries' in Africa: Uganda, Kenya, and the Democratic Republic of Congo. Linking complementarity's law and practice to contemporary debates in international law and relations, the book unsettles international law's dominant progressive narrative. It urges a critical rethinking of the ICC's politics and a reorientation towards international criminal justice as a project of global legal pluralism.

Contested Justice
Contested Justice

Author: Christian De Vos

Publisher: Cambridge University Press

Published: 2015-12-18

Total Pages: 525

ISBN-13: 1316483266

DOWNLOAD EBOOK

The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.

The International Criminal Court and Complementarity
The International Criminal Court and Complementarity

Author: Carsten Stahn

Publisher: Cambridge University Press

Published: 2011-10-06

Total Pages: 1293

ISBN-13: 1316139506

DOWNLOAD EBOOK

This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.

Strong NGOs and Weak States
Strong NGOs and Weak States

Author: Milli Lake

Publisher: Cambridge University Press

Published: 2018-05-31

Total Pages: 325

ISBN-13: 1108419372

DOWNLOAD EBOOK

Offers evidence that opportunity structures created by state weakness can allow NGOs to exert unparalleled influence over local human rights law and practice.

The Hidden Hands of Justice
The Hidden Hands of Justice

Author: Heidi Nichols Haddad

Publisher: Cambridge University Press

Published: 2018-08-09

Total Pages: 223

ISBN-13: 1108470920

DOWNLOAD EBOOK

As the first comprehensive analysis of NGO participation at international criminal and human rights courts, this book will interest a global and wide range of students, scholars, and NGOs in the fields of human rights, public international law, politics and international relations, and law and society.

Global Norms with a Local Face
Global Norms with a Local Face

Author: Lisbeth Zimmermann

Publisher: Cambridge University Press

Published: 2017-08-03

Total Pages: 317

ISBN-13: 1107172047

DOWNLOAD EBOOK

This book argues that global rule-of-law standards in post-conflict states are reshaped in interactive translation processes between external and domestic actors.

Complementarity in the Rome Statute and National Criminal Jurisdictions
Complementarity in the Rome Statute and National Criminal Jurisdictions

Author: Jann K. Kleffner

Publisher: OUP Oxford

Published: 2008-12-18

Total Pages: 424

ISBN-13: 0191553476

DOWNLOAD EBOOK

This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.

The Performance of International Courts and Tribunals
The Performance of International Courts and Tribunals

Author: Theresa Squatrito

Publisher: Cambridge University Press

Published: 2018-04-05

Total Pages: 471

ISBN-13: 1108425690

DOWNLOAD EBOOK

Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

States of Justice
States of Justice

Author: Oumar Ba

Publisher: Cambridge University Press

Published: 2020-07-02

Total Pages: 207

ISBN-13: 1108806082

DOWNLOAD EBOOK

This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.