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This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.

Social Sciences. --- Criminology & Criminal Justice. --- Private International Law, International & Foreign Law, Comparative Law. --- International Criminal Law. --- Fundamentals of Law. --- Social sciences. --- Criminology. --- Sciences sociales --- Criminologie --- Social Welfare & Social Work --- Social Sciences --- Criminology, Penology & Juvenile Delinquency --- Law --- Law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- International criminal law. --- Criminology and Criminal Justice. --- Criminology and Criminal Justice, general. --- Philosophy. --- Private International Law, International & Foreign Law, Comparative Law . --- International Criminal Law . --- Crime --- Social sciences --- Criminals --- Study and teaching --- International Criminal Court. --- U.N. International Criminal Court --- United Nations. --- ICC --- CPI --- Cour pénale internationale --- Corte Penal Internacional --- Internationella brottmålsdomstolen --- Pengadilan Pidana Internasional --- Kokusai Keiji Saibansho --- Mezhdunarodnyĭ ugolovnyĭ sud --- Međunarodni kazneni sud --- Międzynarodowy Trybunał Karny --- Maḥkamat al-Jināʼīyah al-Duwalīyah --- Guo ji xing shi fa yuan --- 国际刑事法院 --- Samnakngān ʻAyakān Sān ʻĀyā Rawāng Prathēt --- Tribunal Penal Internacional --- Uluslararası Ceza Mahkemesi --- UCM --- Law—Philosophy. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Civil law

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This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The “sharing” of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

Social problems --- International private law --- Human rights --- Public law. Constitutional law --- Criminology. Victimology --- mensenrechten --- criminaliteit --- grondrechten --- internationaal privaatrecht --- staatsrecht --- grondwet --- Human rights. --- International cooperation. --- Private international law. --- Conflict of laws. --- Constitutional law. --- Crime—Sociological aspects. --- Human Rights. --- Private International Law, International & Foreign Law, Comparative Law . --- Constitutional Law. --- Crime and Society. --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- Private international law --- Law --- Legal polycentricity --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Interpretation and construction --- Civil law --- Law and legislation --- Crime --- Sociological aspects.

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Clemency. --- Clémence --- Executive power. --- Pouvoir exécutif --- Comparative law. --- Droit comparé --- Pardon --- Grâce (Droit)