The Law and Practice of the International Criminal Court

Hardcover | June 8, 2015

EditorCarsten Stahn

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The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of theInternational Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to internationalcriminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations andprosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectiveson the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, andthe law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners,scholars, and students of international criminal law.

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The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of theInternational Criminal Court, identifying th...

Carsten Stahn is Professor of International Criminal Law and Global Justice at Leiden University and Program Director of the Grotius Centre. He is the author of The Law and Practice of International Territorial Administration: Versailles to Iraq and Beyond. He has published articles on international criminal law and transitional justi...

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Format:HardcoverDimensions:1200 pages, 9.69 × 6.73 × 0.01 inPublished:June 8, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198705166

ISBN - 13:9780198705161

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Table of Contents

Judge Sang-Hyun Song: The ICC at Ten: Achievements and Challenges in PerspectiveCarsten Stahn: IntroductionPart 1: Context, Challenges, and Constraints1. Richard Dicker: The ICC and 'Double Standards' of International Justice2. Leslie Vinjamuri: The ICC and the Politics of Conflict3. Anton Du Plessis and Ottilia Anna Maunganidze: The ICC and the African Union4. Stuart Ford: Funding the Court5. Jonathan O'Donohue: The ICC and Oversight by the Assembly of States PartiesPart 2: The Relationship to Domestic Jurisdictions6. Rod Rastan: Jurisdictional Scope of Situations7. Mohamed M El Zeidy: Ad hoc Declarations of Acceptance of Jurisdiction8. Harmen van der Wilt: Self-Referrals9. Carsten Stahn: Admissibility Challenges Before the ICC10. Robert Cryer: The International Criminal Court and its Relationship to Non-States Parties11. Dov Jacobs: State Cooperation and ImmunitiesPart 3: Prosecutorial Policy and Practice12. Paul Seils: Making the Most of Preliminary Examinations13. Susana SaCouto: ICC Investigations14. Fabricio Guariglia: The Office of the Prosecutor and the Selection of Situations and Cases15. William Schabas: Selecting Cases and Charging Crimes16. Jenia Iontcheva Turner: Accountability of International ProsecutorsPart 4: The ICC and Its Applicable Law17. Gilbert Bitti: The ICC and the Treatment of Sources of Law under Article 2118. Joseph Powderly: The ICC and Treaty Interpretation19. Elies van Sliedregt: Theorizing Modes of Liability Under Article 2520. Jens David Ohlin: The ICC and Co-Perpetration21. Thomas Weigend: Indirect Perpetration22. Hector Olasolo: Other Forms of Liability23. Kai Ambos: The ICC and JCE: What Contribution is Required Under Article 25 (3)(d)?24. Alejandro Kiss: Superior Responsibility Under Article 2825. Mohamed Elewa Badar: Mental Elements26. Claus Kress: Genocide27. Darryl Robinson: Three Concepts of Crimes Against Humanity28. Michael Newton: Charging War Crimes: Policy and Prognosis29. Roger S Clark: The Crime of Aggression30. Niamh Hayes: Charging Sexual and Gender-based violence31. Carl-Friedrich Stuckenberg: Cumulative Charges and Cumulative ConvictionsPart 5: Fairness and Expeditiousness Of ICC Proceedings32. Simon De Smet: The Role of the Pre-Trial Chamber33. Ekkehard Withopf: Confirmation of Charges34. Hakan Friman: Trial Procedures35. Margaret deGuzman: Sentencing Theory and Practice36. Volker Nerlich: Appeals Procedure37. Kevin Heller: Legal Qualification of Facts under Regulation 5538. Karim Khan QC: Evidence and Disclosure - A Defence Perspective39. Alex Whiting: Evidence and Disclosure - A Prosecutorial Perspective40. Markus Eikel: The ICC and the Protection of Witnesses41. Sergey Vasiliev: Victim Participation in the Practice of the ICC42. Conor McCarthy: Reparations Before the ICC: Issues and ChallengesPart 6: Impact, 'Legacy', and Lessons Learned43. Nick Grono and Anna de Courcy Wheeler: Deterrence and the ICC44. Elizabeth Evenson: Complementarity and 'Legacy'45. Andrew Cayley QC: Living Legacy: What Has Been Learned About the Practice of Strengthening Domestic Investigative and Prosecutorial Capacity?Carsten Stahn: Conclusion