The International Criminal Court at the Mercy of Powerful States

The International Criminal Court at the Mercy of Powerful States

Author: Res Schuerch

Publisher: Springer

Published: 2017-07-15

Total Pages: 309

ISBN-13: 9462651922

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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.


Principles of International Criminal Law

Principles of International Criminal Law

Author: Gerhard Werle

Publisher: Oxford University Press

Published: 2020-10-09

Total Pages: 721

ISBN-13: 019256157X

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Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.


Head of State Immunity Under the Malabo Protocol

Head of State Immunity Under the Malabo Protocol

Author: Kobina Egyir Daniel

Publisher: Developments in International

Published: 2021

Total Pages: 0

ISBN-13: 9789004466074

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In Head of State Immunity under the Malabo Protocol Kobina Egyir Daniel, offers an insightful legal analysis of Head of State immunities in international law and the role that the asymmetry of the international legal order plays in its contemporary application


Criminal justice and accountability in Africa: Regional and national developments

Criminal justice and accountability in Africa: Regional and national developments

Author: Rashida Manjoo

Publisher: Pretoria University Law Press

Published: 2022-10-01

Total Pages: 225

ISBN-13:

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Historically Africa has suffered from numerous conflicts which are typically addressed through international criminal law mechanisms and courts, but the need for a broader approach is both evident and demanded. This book pulls together the debates originating from the conference “Criminal Justice and Accountability in Africa: National and Regional Developments” and highlights the different approaches and mechanisms used to date and what can be taken from them to advance justice and accountability across the African continent.


The African Court of Justice and Human and Peoples' Rights in Context

The African Court of Justice and Human and Peoples' Rights in Context

Author: Charles C. Jalloh

Publisher: Cambridge University Press

Published: 2019-05-16

Total Pages: 1199

ISBN-13: 110842273X

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This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.


The Oxford Handbook of International Criminal Law

The Oxford Handbook of International Criminal Law

Author: Darryl Robinson

Publisher: Oxford University Press

Published: 2020-02-24

Total Pages: 894

ISBN-13: 0192558897

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In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.


The Politics of International Criminal Law

The Politics of International Criminal Law

Author: Holly Cullen

Publisher: BRILL

Published: 2020-12-15

Total Pages: 407

ISBN-13: 9004372490

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The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.


Strategic Litigation and Corporate Complicity in Crimes Under International Law

Strategic Litigation and Corporate Complicity in Crimes Under International Law

Author: Kalika Mehta

Publisher: Taylor & Francis

Published: 2023-10-09

Total Pages: 207

ISBN-13: 1000969932

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This book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential. This original analysis of the implementation and legitimacy of international criminal law will be of interest to a wide range of scholars and activists working in relevant areas of law, politics, criminology and international relations.


A Critical Introduction to International Criminal Law

A Critical Introduction to International Criminal Law

Author: Carsten Stahn

Publisher: Cambridge University Press

Published: 2019

Total Pages: 467

ISBN-13: 1108423205

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Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.