The Legislative History of the International Criminal Court (2 vols.)

The Legislative History of the International Criminal Court (2 vols.)

Author: M. Cherif Bassiouni

Publisher: BRILL

Published: 2016-10-05

Total Pages: 1621

ISBN-13: 9004322094

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This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This new edition contains the amendments adopted at the Kampala Conference, amendments to the Rules of Procedure and Evidence and the Regulations of the Court, and references to relevant case law cover ing the first decade of the Court’s judicial activity. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC. Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this publication unmatched for completeness and ease of use.


The Legislative History of the International Criminal Court

The Legislative History of the International Criminal Court

Author: M. Cherif Bassiouni

Publisher:

Published: 2016

Total Pages: 959

ISBN-13: 9789004321946

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This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations.


The Law and Practice of the International Criminal Court

The Law and Practice of the International Criminal Court

Author: Carsten Stahn

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 1441

ISBN-13: 0198705166

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The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.


The International Criminal Court

The International Criminal Court

Author: William A. Schabas

Publisher: Oxford University Press

Published: 2017-01-19

Total Pages: 2251

ISBN-13: 0191060305

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Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.


The Crime of Aggression in International Criminal Law

The Crime of Aggression in International Criminal Law

Author: Sergey Sayapin

Publisher: Springer Science & Business Media

Published: 2014-01-10

Total Pages: 354

ISBN-13: 9067049271

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Since after the Second World War, the crime of aggression is – along with genocide, crimes against humanity and war crimes – a “core crime” under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the volume draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States ́ legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statute ́s substantive and procedural provisions pertaining to the exercise of the International Criminal Court ́s jurisdiction with respect to the crime of aggression, after 1 January 2017.


International Law in Domestic Courts

International Law in Domestic Courts

Author: André Nollkaemper

Publisher:

Published: 2018

Total Pages: 769

ISBN-13: 0198739745

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The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.


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: 896

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 Legislative History of the International Criminal Court: Introduction, Analysis, and Integrated Text (3 vols)

The Legislative History of the International Criminal Court: Introduction, Analysis, and Integrated Text (3 vols)

Author: M. Cherif Bassiouni

Publisher: BRILL

Published: 2021-10-25

Total Pages: 687

ISBN-13: 9004480129

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This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the preparatory Commission (1998-2000). Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This documentation constitutes the most comprehensive treatment available of the ICC's applicable law. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC. Each article of the Rome Statute is presented chronologically, along with all its prior versions. These versions comprise the texts transmitted between the Drafting Committee and the Committee of the Whole at the Rome Diplomatic Conference; the text proposed by the 1998 Preparatory Committee on the Establishment of an ICC; the text completed by the Intersessional meeting in Zutphen; the text proposed by the 1995 Ad Hoc Committee on the Establishment of an International Criminal Court; the text proposed by the International Law Commission in 1994. It also contains government proposals made during the 1995-1998 sessions of the Ad Hoc and Preparatory Committees, most of which have not been made public documents. This organization of the legislative history permits the reader to see the complete textual evolution of each article. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this three-volume publication unmatched for completeness and ease of use. Published under the Transnational Publishers imprint.


The Emerging Practice of the International Criminal Court

The Emerging Practice of the International Criminal Court

Author: Carsten Stahn

Publisher: BRILL

Published: 2009

Total Pages: 793

ISBN-13: 9004166556

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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 Courta (TM)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.