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Book
Sovereignty and justice
Author:
ISBN: 1443859656 9781443859653 1306858682 9781306858687 Year: 2014 Publisher: Newcastle upon Tyne, UK

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Abstract

The drafters of the ICC's founding document, the Rome Statute, foresaw what would become the main challenge to the Court's legitimacy: that it could violate national sovereignty. To address this concern, the drafters added the principle of complementarity to the ICC's jurisdiction, in that the Court's province merely complements the exercise of jurisdiction by the domestic courts of the Statute's member states. The ICC honours the authority of those states to conduct their own trials. This ...


Book
The International Criminal Court in an effective global justice system
Authors: --- ---
ISBN: 9781784719814 Year: 2016 Publisher: Cheltenham : Elgar,

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Abstract

This book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs). This timely evaluation of the experiences of ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC's current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. Lawyers, judges, NGOs, government officials, academics and policymakers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity


Book
Justice and diplomacy : resolving contradictions in diplomatic practice and international humanitarian law
Authors: --- ---
ISBN: 1108568947 1108586635 1108624456 1316510883 1108441718 Year: 2018 Publisher: Cambridge : Cambridge University Press,

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Abstract

Diplomacy is used primarily to advance the interests of a state beyond its borders, within a set of global norms intended to assure a degree of international harmony. As a result of internal and international armed conflicts, the need to negotiate peace through an emerging system of international humanitarian and criminal law has required nations to use diplomacy to negotiate 'peace versus justice' trade-offs. Justice and Diplomacy is the product of a research project sponsored by the Academie Diplomatique Internationale and the International Bar Association, and focuses on specific moments of collision or contradiction in diplomatic and judicial processes during the humanitarian crises in Bosnia, Rwanda, Kosovo, Darfur, and Libya. The five case studies present critical issues at the intersection of justice and diplomacy, including the role of timing, signalling, legal terminology, accountability, and compliance. Each case study focuses on a specific moment and dynamic, highlighting the key issues and lessons learned.


Book
Islamic law and international human rights law : searching for common ground?
Authors: --- --- --- ---
ISBN: 0191741108 1283712741 0191645702 0191645699 Year: 2013 Publisher: Oxford : Oxford University Press,

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Abstract

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature ofhow legal rules operate in a society, and meaningful comparison and discussion is impossible.In this volume, leading

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