The emerging practice of the International Criminal Court /

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Bibliographic Details
Imprint:	Leiden ; Boston : Martinus Nijhoff Publishers, 2009.
Description:	1 online resource (xviii, 770 pages)
Language:	English
Series:	Legal aspects of international organization ; v. 48 Legal aspects of international organization ; 48.
Subject:	International Criminal Court. International Criminal Court. International criminal courts -- Rules and practice. International criminal courts. International criminal courts. Electronic books. Rules.
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/11205935

Hidden Bibliographic Details
Other authors / contributors:	Stahn, Carsten, 1971- Sluiter, Göran.
ISBN:	9789004180758 9004180753 9789004166554 9004166556
Notes:	Includes bibliographical references and index. Print version record.
Summary:	The International Criminal Court has only come into being during the past decade. In this text the authors review the emerging practices of the court & revisit many of the issues of concern at the time it was established, including jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability and more. 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 Court'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.
Other form:	Print version: Emerging practice of the International Criminal Court. Leiden ; Boston : Martinus Nijhoff Publishers, 2009 9789004166554
Standard no.:	10.1163/ej.9789004166554.i-774

Table of Contents:

ICC marks five years since entry into force of rome statute / Judge Philippe Kirsch
The International Criminal Court in motion / Luis Moreno Ocampo
The International Criminal Court five years on : andante or moderato? / Antonio Cassese
The International Criminal Court- its relationship to domestic jurisdictions / Judge Hans-Peter Kaul
Auto-referrals and the complementary nature of the ICC / Jann K. Kleffner
The legitimacy of withdrawing state party referrals and ad hoc declarations under the statute of the International Criminal Court / Mohamed M. El Zeidy
Shaping the contours of domestic justice : the International Criminal Court and an admissibility challenge in the Uganda situation / William W. Burke-White & Scott Kaplan
The International Criminal Court and its relationship to non-party states / Robert Cryer
The International Criminal Tribunal for the former Yugoslavia : transitional justice, the transfer of cases to national courts, and lessons for the ICC / David Tolbert and Aleksandar Kontic
The responsibility to enforce-connecting justice with unity / Rod Rastan
Peace, security, and prosecutorial discretion / Jens David Ohlin
The selection of cases by the office of the prosecutor of the International Criminal Court / Fabricio Guariglia
Developing and implementing an effective positive complementarity prosecution strategy / Christopher Keith Hall
Prosecutorial discretion and gravity / William A. Schabas
Judicial review of prosecutorial discretion : five years on Carsten Stahn
Article 21 of the statute of the International Criminal Court and the treatment of sources of law in the jurisprudence of the ICC / Gilbert Bitti
The status of ICTY and ICTR precedent in proceedings before the ICC / Volker Nerlich
Committing liability in international criminal law / Steffen Wirth
Developments in the distinction between principal and accessorial liability in light of the first case-law of the international criminal court / Hector Olasolo
Identifying an armed conflict not of an international character / Sandesh Sivakumaran
Can the "elements of crimes" narrow or broaden responsibility for criminal behaviour defined in the Rome statute? / Otto Triffterer
A structural analysis of the role of the pre-trial chamber in the fact-finding process of the ICC / Simon De Smet
Fairness and expeditiousness in the international criminal court's pre-trial proceedings / Ekaterina Trendafilova
Human rights protection in the ICC pre-trial phase / Goran Sluiter
How to achieve fair and expeditious trial proceedings before the ICC : is it time for a more judge-dominated approach? / Robert Heinsch
The trial chamber's discretionary power to devise the proceedings before it and its exercise in the trial of Thomas Lubanga Dyilo / Reinhold Gallmetzer
The first jurisprudence of the appeals chamber of the icc / Franziska C. Eckelmans
Interlocutory appeals in the early practice of the international criminal court / Hakan Friman
Contribution of the registry to greater respect for the principles of fairness and expeditious proceedings before the International Criminal Court / Marc Dubuisson, Anne-Aurore Bertrand and Natacha Schauder
A review of the experiences of the pre-trial and appeals chambers of the International Criminal Court regarding the disclosure of evidence / David Scheffer
"Witness proofing" before the ICC : neither legally admissible nor necessary / Kai Ambos
Anonymous witnesses before the international criminal Court : due process in dire straits / Michael E. Kurth
Article 68 (3) and personal interests of victims in the emerging practice of the ICC / Sergey Vasiliev
Role and practice of the office of public counsel for victims / Paolina Massidda and Sarah Pellet
The crime of aggression / Roger S. Clark
Evaluating domestic legislation on the customary crime of aggression under the Rome statute's complementarity regime / Astrid Reisinger Coracini
Demystifying the procedural framework of the international criminal court : a modest proposal for radical revision / Bacle Don Taylor III.

The emerging practice of the International Criminal Court /

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