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The Making of International Criminal Justice

A View from the Bench: Selected Speeches

Bringing together Judge Meron's most important speeches in one volume, this book provides an insider's account of the development of international criminal law, humanitarian law, and human rights. Judge Meron, one of the most respected and admired figures in international law, also gives his vision of the role of the international judge.

Bringing together Judge Meron's most important speeches in one volume, this book provides an insider's account of the development of international criminal law, humanitarian law, and human rights.

Victims, Atrocity and International Criminal Justice

Lessons from Cambodia

While international criminal courts have often been declared as bringing 'justice' to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various 'rights', while their need for justice has been deployed as a means of justifying the establishment of international criminal courts. However, it is arguable that the goals of political and legal elites continue to be given precedence, and the ability of courts to deliver 'justice to victims' remains contested. This book contributes to this important debate through an examination of the role of victims as civil parties within the Extraordinary Chambers in the Courts of Cambodia. Drawing on a series of interviews with civil parties, court practitioners and civil society actors, the book explores the way in which both the ECCC and the role of victims within it are shaped by specific political, economic and legal contexts; examining the 'gap' between the legitimising value of the 'imagined victim', and the extent to which victims are able to further their interests within the courtroom.

This book examines the role of victims within the Courts of Cambodia.

Jurisprudence of International Criminal Justice

Introduction written by Professor Benjamin B Ferencz This challenging volume examines the jurisprudence of international criminal justice from various points of view. The philosophy of justice may vary from time to time and from nation to nation, depending on prevailing attitudes towards the substantive rules which deal, in one way or another, with cultural norms. In the national and international area, the principles of criminal justice have a key role in examining the scope of the most serious violations of international criminal law. It is on the basis of appropriate judgment that these principles may be accumulated and achieved for the future conduct of man. This volume, therefore, examines the principles and dimensions of the constitutions of various international criminal tribunals/courts, with particular focus on the Statute of the International Criminal Court (ICC). As such, the volume offers a comprehensive evaluation of the rule of law and criminal justice and their legal tasks within the complementarity system of international criminal jurisprudence. The volume emphasises the prosecution and punishment of all those who may successfully escape from the proceedings of national and international criminal courts because of their juridical, political, religious, economic or military power. It demands the implementation of international law of jus cogens. The provisions of the Statute should not be deduced in contradiction to the norms from which no derogation is possible, such as prohibitions governing crimes against humanity, torture, apartheid, rape, war crimes, genocide and aggression. If the value of the task of the Court is to be realised by the majority of states in the international community, the cycle of impunity has to be abolished in the case of all states, including the five permanent members of the Security Council of the United Nations.

Introduction written by Professor Benjamin B Ferencz This challenging volume examines the jurisprudence of international criminal justice from various points of view.

Futures of International Criminal Justice

This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.

This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice.

Comparative and International Criminal Justice Systems

Policing, Judiciary, and Corrections, Third Edition

Comparative and International Criminal Justice Systems: Policing, Judiciary, and Corrections, Third Edition examines the history, dynamics, structure, organization, and processes in the criminal justice systems in a number of selected countries. Designed for courses in comparative criminal justice systems, comparative criminology, and international criminal law, it explores systems in the United States, Ireland, Israel, Argentina, Sierra Leone, China, Russia, and Poland. A descriptive and quantitative analysis of criminal justice processes, this text goes beyond a mere analysis of individual systems. Instead, the book compares these criminal justice models with each other and contrasts them with: United Nations conventions World Courts of Justice International Court of Justice International Military Tribunal International Criminal Tribunal International Criminal Court Understanding these comparisons is crucial for a proper grasp of transnational crimes. The book shows how the national criminal justice systems and the United Nations judicial systems complement each other when adjudicating transnational crimes in the international community. It analyzes the nature of crime and criminal law, explores basic theories of crime, and discusses the various sources of international law. It also examines the inherent pitfalls in comparing international crime rates and discusses terrorism and its control. Unique to this edition is a thorough, unbiased study of the Islamic justice system. Each chapter focuses on a select region and includes crime data and arrest, prosecution, and conviction rates where appropriate. This allows readers looking for information on the criminal justice systems of any part of the world to easily find the relevant section. A sound approach to understanding the laws of various nations, and international, criminal, and humanitarian laws, this volume provides sage insight into the sociological explanations of criminal law and crime.

It also examines the inherent pitfalls in comparing international crime rates and discusses terrorism and its control. Unique to this edition is a thorough, unbiased study of the Islamic justice system.

International Criminal Justice

Law and Practice from the Rome Statute to Its Review

This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice by using case studies to provide advice for possible future developments in international criminal procedure and law.

This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review of the Rome Statute.

The Oxford Companion to International Criminal Justice

How to face international crimes -- Fundamentals of international criminal law -- The interplay of international criminal law and other bodies of law -- International criminal trials.

The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts.The Oxford Companion to International Criminal Justice is the first major ...

Corpus Juris of Islamic International Criminal Justice

This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or implicitly under the pretext of Islamic rules by superiors, groups and governments. The volume focuses on substantive criminal law and three methods of the criminal procedure, namely the inquisitorial, adversarial, and adquisitorial. The first two constitute the corpus juris of civil and common law systems. The third term presents a hybrid of the first two methods. The intention is to enhance the scope of each method of the criminal procedure comprehensively. The volume examines their variations and effects on a shared system of international criminal justice. The inherence of comparable norms in the foundation of Islamic and international criminal law affirms their efficiency in the implementation of the essence of the complementarity principle. This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.

This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.