The African Criminal Court

A Commentary on the Malabo Protocol

Author: Gerhard Werle,Vormbaum Moritz

Publisher: Springer

ISBN: 9462651507

Category: Law

Page: 345

View: 4883

This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.
Posted in Law

The African Criminal Court

A Commentary on the Malabo Protocol

Author: Gerhard Werle,Moritz Vormbaum

Publisher: T.M.C. Asser Press

ISBN: 9789462651494

Category: Law

Page: 347

View: 4821

This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Posted in Law

Africa and the International Criminal Court

Author: Gerhard Werle,Lovell Fernandez,Moritz Vormbaum

Publisher: Springer

ISBN: 9462650292

Category: Law

Page: 303

View: 5828

The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.
Posted in Law

The Amnesty International Report

Author: Amnesty International

Publisher: N.A

ISBN: N.A

Category: Civil rights

Page: N.A

View: 6152

Posted in Civil rights

The Accusation Model Before the International Criminal Court

Study of Convergence of Criminal Justice Systems

Author: Hanna Kuczyńska

Publisher: Springer

ISBN: 3319176269

Category: Law

Page: 409

View: 9183

This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?
Posted in Law

Freedom in the World

The Annual Survey of Political Rights and Civil Liberties

Author: Arch Puddington,Aili Piano,Camille Eiss,Tyler Roylance

Publisher: Rowman & Littlefield

ISBN: 9780742558977

Category: Political Science

Page: 1020

View: 5135

Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 193 countries and a group of select territories are used by policy makers, the media, international corporations, and civic activists and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. Press accounts of the survey findings appear in hundreds of influential newspapers in the United States and abroad and form the basis of numerous radio and television reports. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.
Posted in Political Science

Victim Participation in International Criminal Justice

Practitioners’ Guide

Author: Kinga Tibori-Szabó,Megan Hirst

Publisher: Springer

ISBN: 9462651779

Category: Law

Page: 479

View: 994

This book is a guide to the law and practice of victims’ roles before the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon. The various chapters focus on the provisions relevant to victim participation at these courts and the case law interpreting and applying those provisions. The book thus informs the reader on the principal ways in which the relevant practice is developing, the distinct avenues taken in the application of similar provisions as well as the ensuing advantages and challenges. Unlike other volumes focusing on relevant academic literature, this volume is written mainly by practitioners and is addressed to those lawyers, legal advisers and victimologists who work or wish to work in the field of victim participation in international criminal justice. Kinga Tibori-Szabó is legal officer for the Kosovo Specialist Chambers in The Hague and has previously worked for the Legal Representative of Victims at the Special Tribunal for Lebanon. Megan Hirst is a barrister at Doughty Street Chambers in London and has worked on victims' participation issues in the Registries of the International Criminal Court and the Special Tribunal for Lebanon, as well as in an LRV team in Prosecutor v. Dominic Ongwen.
Posted in Law

The Force of Law Reaffirmed

Frederick Schauer Meets the Critics

Author: Christoph Bezemek,Nicoletta Ladavac

Publisher: Springer

ISBN: 3319339877

Category: Law

Page: 169

View: 4265

This book examines the success of Frederick Schauer’s efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer’s main arguments, it contributes to answering the question whether force, sanctions and coercion should (or should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties. While it was long assumed that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts about whether law and coercion are necessarily connected, referring to the empowering, or more generally enabling, character exhibited by some legal norms. Prominent scholars following and refining Hart’s argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer has made a strong case to reaffirm the force of law, shedding new light on this essential question. This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer’s substantive arguments and his claims about jurisprudential methodology.
Posted in Law

Enhancing Urban Safety and Security

Global Report on Human Settlements 2007

Author: United Nations Human Settlements Programme

Publisher: Earthscan

ISBN: 1844074757

Category: Law

Page: 448

View: 9181

Enhancing Urban Safety and Security addresses three major threats to the safety and security of cities: crime and violence; insecurity of tenure and forced evictions; and natural and human-made disasters. It analyses worldwide trends with respect to each of these threats, paying particular attention to their underlying causes and impacts, as well as to the good policies and best practices that have been adopted at the city, national and international levels in order to address these threats. The report adopts a human security perspective, concerned with the safety and security of people rather than of states, and highlights issues that can be addressed through appropriate urban policy, planning, design and governance.
Posted in Law

Justice in Conflict

The Effects of the International Criminal Court's Interventions on Ending Wars and Building Peace

Author: Mark Kersten

Publisher: Oxford University Press

ISBN: 0191082945

Category: Law

Page: 280

View: 754

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Posted in Law

Well Oiled

Oil and Human Rights in Equatorial Guinea

Author: Alex Vines

Publisher: Human Rights Watch

ISBN: 1564325164

Category: Equatorial Guinea

Page: 102

View: 3252

This 102-page report details how the dictatorship under President Teodoro Obiang Nguema Mbasogo has used an oil boom to entrench and enrich itself further at the expense of the country's people. Since oil was discovered there in the early 1990s, Equatorial Guinea's gross domestic product (GDP) has increased more than 5,000 percent, and the country has become the fourth-largest oil producer in sub-Saharan Africa. At the same time, living standards for the country's 500,000 people have not substantially improved.--Publisher description.
Posted in Equatorial Guinea

The Asian Yearbook of Human Rights and Humanitarian Law

Author: N.A

Publisher: BRILL

ISBN: 9004339035

Category: Political Science

Page: 402

View: 9809

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 1 is ISIS and Implications for Human Rights and Humanitarian Law
Posted in Political Science

The International Criminal Court and Africa

One Decade on

Author: Evelyn A. Ankumah

Publisher: Intersentia

ISBN: 9781780684178

Category:

Page: 676

View: 6784

More than ten years ago the International Criminal Court (ICC) was established as a universal court meant to achieve criminal justice worldwide. That goal still stands, but so far the Court has dedicated most of its time and resources to African conflicts in which international crimes (may) have been committed. While the ICC can be said to contribute to criminal justice in Africa, it cannot be denied that the relationship between the Court and the continent has been troublesome. The ICC has been accused of targeting Africa, and many African states do not seem willing to cooperate with the Court. Debates on Africa and international criminal justice are increasingly politicized. The authors of this volume recognize the current problems and criticism. Yet they do not side with populist pessimists who, after just over a decade of ICC experiences, conclude that the Court and international criminal justice are doomed to fail. Rather, the contributors believe there is a future for international criminal justice, including the ICC. The contributors use their unique specific knowledge, expertise, and experiences as the basis for reflections on the current problems and possible paths for improvement, both when it comes to the ICC as such, and its specific relationship with Africa. [Subject: Criminal Law, African Law, International Law]
Posted in

Child Soldiers as Agents of War and Peace

A Restorative Transitional Justice Approach to Accountability for Crimes Under International Law

Author: Leonie Steinl

Publisher: Springer

ISBN: 9462652015

Category: Law

Page: 421

View: 394

This book deals with child soldiers’ involvement in crimes under international law.Child soldiers are often victims of grave human rights abuses, and yet, in some cases,they also participate actively in inflicting violence upon others. Nonetheless, theinternational discourse on child soldiers often tends to ignore the latter dimensionof children’s involvement in armed conflict and instead focuses exclusively on theirrole as victims. While it might seem as though the discourse is therefore beneficial for child soldiersas it protects them from blame and responsibility, it is important to realize that theso-called passive victim narrative entails various adverse consequences, which canhinder the successful reintegration of child soldiers into their families, communitiesand societies. This book aims to address this dilemma. First, the available optionsfor dealing with child soldiers’ participation in crimes under international law, suchas transitional justice and criminal justice, and their shortcomings are analyzed indepth. Subsequently a new approach is developed towards achieving accountabilityin a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers,children and armed conflict, as well as international criminal law, transitional justice,juvenile justice, restorative justice, children’s rights, and international human rightslaw. Secondly, professionals working on issues of transitional justice, juvenile justice,international criminal law, children’s rights, and the reintegration of child soldierswill also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Lawof the Humboldt-Universität in Berlin.
Posted in Law

Contested Justice

The Politics and Practice of International Criminal Court Interventions

Author: Christian De Vos,Sara Kendall,Carsten Stahn

Publisher: Cambridge University Press

ISBN: 1316483266

Category: Law

Page: N.A

View: 9380

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.
Posted in Law

The African Human Rights System

Origin and Evolution

Author: K. Kufuor

Publisher: Springer

ISBN: 0230106544

Category: Political Science

Page: 182

View: 4007

This book challenges the received scholarship on the African Charter on Human and Peoples' Rights. The author applies economic and social theory to understanding the African Commission's dynamic treaty interpretation and the Commission's strategic manipulation of the Rules of Procedure to strengthen the African human rights system.
Posted in Political Science

Insider Dealing and Criminal Law

Dangerous Liaisons

Author: Iwona Seredyńska

Publisher: Springer Science & Business Media

ISBN: 9783642228575

Category: Law

Page: 278

View: 5867

This work is a multidisciplinary analysis of the issue of insider dealing from the perspective of the applicability of criminal law to regulate it. First, it examines the nature of its prohibition in the European Union and in the United States of America. The text includes a more extensive overview of prohibition in four Member States of the European Union (France, the United Kingdom, Luxembourg and Poland). Then, it summarises the arguments presented by ethicists and economists in favour of and against insider dealing. Further, it analyses the foundations of criminal law and justifications that are given for its application. On the basis of this analysis, it presents a new two-step theory of criminalisation. The first step is based on a liberal theory of wrongfulness that makes reference to protection of the basic human rights. The second step relies on classical but often forgotten principles of criminal law. Finally, it examines possible alternatives to criminal rules.
Posted in Law

Africa and the ICC

Author: Kamari Clarke,Abel S. Knottnerus,Eefje de Volder

Publisher: Cambridge University Press

ISBN: 1107147654

Category: Law

Page: 420

View: 1944

By investigating how the International Criminal Court (ICC) is portrayed in Africa, this book highlights how perceptions of justice are multilayered.
Posted in Law