Books: 'International Criminal Court (ICC)'

1

Murithi, Timothy. International criminal justice: The ICC and complementarity. Nairobi, Kenya: The Kenya Section of the International Commission of Jurists (ICJ Kenya), 2014.

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2

Zhongguo yu guo ji xing shi fa yuan: Xian zhuang yu zhan wang = China and the ICC : status and prospect. Beijing Shi: Zhongguo ren min gong an da xue chu ban she, 2009.

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Zhongguo yu guo ji xing shi fa yuan: Xian zhuang yu zhan wang = China and the ICC : status and prospect. Beijing Shi: Zhongguo ren min gong an da xue chu ban she, 2009.

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4

Guo ji xing shi fa yuan shou li zhi du yan jiu: Ji nian guo ji xing shi fa yuan cheng li shi zhou nian = Issues of Admissibility under the ICC Statute : the Tenth Anniversary of the ICC. Beijing: Zhongguo zheng fa da xue chu ban she, 2012.

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5

Boon, Kristen. Rape and forced pregnancy: Sexual crimes under the ICC. Ottawa, Ont: National Association of Women and the Law, 2000.

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6

Koalisi Masyarakat Sipil Indonesia untuk Mahkamah Pidana Internasional. Jalan panjang menuju ratifikasi ICC di Indonesia. Jakarta, Indonesia: IKOHI, 2009.

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7

(Organization), Human Rights Watch, ed. Unfinished business: Closing gaps in the selection of ICC cases. New York, N.Y: Human Rights Watch, 2011.

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8

Singh, Param-Preet. Making Kampala count: Advancing the global fight against impunity at the ICC review conference. New York, NY: Human Rights Watch, 2010.

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9

Friedmann, Oded. The possibility of the ICJ and the ICC taking action in the wake of Israel's operation "Cast Lead" in the Gaza Strip: A jurisdiction and admissibility analysis. Frankfurt am Main: PL Academic Research, 2013.

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10

Guo ji xing shi si fa zhong de cheng xu yu zheng yi: Guo ji xing shi fa yuan su song cheng xu zhuan ti yan jiu = Procedure and Fairness in International Criminal Justice : Special Analysis of the Proceedings of the ICC. Beijing: Beijing shi fan da xue chu ban she, 2013.

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11

Commerce, International Chamber of. The ICC International Court of Arbitration. Paris: ICC, 1994.

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12

Felder, Andreas, Anna Petrig, and Michael Duttwiler. International Criminal Court. Berne: Staempfli, 2003.

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13

Babaian, Sarah. The International Criminal Court – An International Criminal World Court? Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-78015-3.

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14

Novak, Andrew. The International Criminal Court. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-15832-7.

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15

Schiff, Benjamin N. Building the international criminal court. Cambridge: Cambridge University Press, 2008.

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16

Commerce, International Chamber of. ICC rules of conciliation and arbitration. Paris: ICC Pub. S.A., 1988.

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17

Kamuli, Raphael. Modern international criminal justice: The jurisprudence of the International Criminal Court. Cambridge [England]: Intersentia, 2014.

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18

Çakmak, Cenap. A Brief History of International Criminal Law and International Criminal Court. New York: Palgrave Macmillan US, 2017. http://dx.doi.org/10.1057/978-1-137-56736-9.

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19

Talebpour, Mansour. Impunity and the International Criminal Court. [Great Britain]: SOAS, University of London, 2012.

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20

Gow, Melanie. Finding justice: The International Criminal Court. [Monrovia, CA]: World Vision, 2002.

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21

Vinjamuri, Leslie. The International Criminal Court. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198795582.003.0014.

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This chapter examines the International Criminal Court (ICC). The ICC, like many international institutions, depends on states to help enforce its mandate. Unsurprisingly for an international institution, but troubling for an international court, this has contributed to the perception that it is aligned with the West and that it ates powerful Western states, especially the United States. This built-in major power dependency threatens to undermine ICC’ authority among many of its most steadfast proponents. The ICC’s proximity to state power, and especially to the Security Council, is directly at odds with the principle of impartiality that is central to international justice norms. The challenge of balancing power and independence was especially palpable in the aftermath of NATO’s war in Libya, where the proximity between the Security Council, state interests, and international criminal justice seemed uncomfortably close for many of the ICC’s proponents.

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22

Jalloh, Charles Chernor, and Ilias Bantekas, eds. The International Criminal Court and Africa. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198810568.001.0001.

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Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent’s early embrace of international criminal justice seems to be taking a new turn with the recent pushback from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This work analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, acting individually or within the framework of the African Union, and the permanent Hague-based ICC. Topics examined include Africa, the ICC, and universal jurisdiction; the controversial use of the prosecutor’s proprio motu power to initiate investigations in Africa; national implementation of the ICC statute in Africa; the complementarity principle; the sequencing of justice and peace; the question of immunity of sitting heads of state; the controversial role of the UN Security Council in referring and deferring situations under ICC investigation; the role of African domestic and traditional courts in the fight against impunity as well as the recent withdrawal of some African states parties from the ICC. Leading commentators offer valuable insights on the core legal and political issues that have bedevilled the relationship between the two sides and expose the uneasy interaction between international law and international politics.

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23

Ralph, Jason. The International Criminal Court. Edited by Alex J. Bellamy and Tim Dunne. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198753841.013.34.

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The responsibility to protect and the International Criminal Court share a recent history and a similar normative structure. The responsibilities to protect and prosecute reside first and foremost in the state and both normative regimes insist that a residual responsibility rests with international society. Yet R2P has not sought to allocate residual responsibility to an institution that notionally transcends power politics. For some critics, R2P should follow the ICC’s lead and delegate decision-making on humanitarian intervention to a supranational body. By focusing on the continuing politicization of international criminal justice under the ICC this chapter illustrates how R2P’s difficulties cannot be fixed by simply creating independent judicial bodies. A more consistent approach to R2P is contingent on a changed conception of P5 responsibility. Changing legal frameworks without changing this political reality will simply add to the disappointment of those who lament the compromises made in the World Summit Outcome Document.

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24

Naldi, Gino, and Konstantinos D. Magliveras. The International Criminal Court and the African Union. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198810568.003.0006.

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This chapter examines the context of the Africa–ICC relationship, tracing the roots of the friction between the ICC, and by extension some of its European member states, and the African Union (AU), which has been the voice of those African nations disenchanted, if not outraged, by indictments and prosecutions against African leaders and politicians. Given that the ICC Prosecutor has focused exclusively on the African continent, there is widespread AU criticism that the pursuit of international criminal justice is solely concerned with African politics. The chapter demonstrates that the tension between the ICC and the AU has been exacerbated by the recent prosecution of cases involving Kenya, which became a major political issue in the East African nation. The chapter contends that the AU’s disenchantment with the ICC has led leaders in the continent to push various local justice alternatives under the banner of ‘African solutions to African problems’.

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25

Tofan, Claudia, and R. van der Wolf. The long and winding road to ... Rome: A brief history of the ICC. Nijmegen, The Netherlands : Wolf Legal Publishers, 2011.

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26

Elizabeth, Wilmshurst. Book V International Disputes and Courts, 26 Prosecutions: The International Criminal Court and other Tribunals. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0026.

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This chapter concerns the International Criminal Court (ICC) and the ad hoc Tribunals for the former Yugoslavia and for Rwanda, as well as other courts with international elements. It begins with a discussion of the ICC, and then addresses more briefly the residual mechanism set up to deal with the remaining work of the two ad hoc Tribunals and finally, even more briefly, other courts with international elements. The ICC in particular was borne out of the success of the ad hoc Tribunals, although other courts with international elements have since been created. All these courts and tribunals share the characteristic that they have jurisdiction over individuals, not States, and their purpose is to investigate and prosecute for various international crimes. Of these courts and tribunals, the ICC is the only one with a substantial continuing caseload and is the only permanent international criminal court.

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27

Murphy, Sean D. Sean D. The Crime of Aggression at the International Criminal Court. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0025.

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This chapter focuses on the International Criminal Court’s jurisdiction over the crime of aggression. The discussion provides background to the crime of aggression and the resulting criminal accountability of the guilty party, paying particular attention to UN General Assembly’s adoption in 1974 of a resolution addressing aggression by states rather than the crimes of individuals and is designed as guidance for the Security Council when considering whether an act is one of ‘aggression’. The chapter examines the amendments to the ICC Rome Statute defining ‘act of aggression’ and ‘crime of aggression’ adopted at the ICC Review Conference in Kampala, Uganda, in 2010. It also discusses the uncertainties and ambiguities in the process for activating ICC jurisdiction over the crime of aggression. It considers the possible institutional effects of such jurisdiction on the UN Security Council and the ICC itself, as well as its long-term consequences for the jus ad bellum.

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28

Lee, Roy S. K., 1938-., ed. States' responses to issues arising from the ICC statute: Constitutional, sovereignty, judicial cooperation and criminal law. Ardsley, NY: Transnational Publishers, 2005.

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29

Levi, Ron, John Hagan, and Sara Dezalay. International Criminal Tribunals. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198795582.003.0015.

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This chapter focuses on international criminal tribunals. These have emerged as part of a professional field of international criminal law, reshaping how atrocities are handled at the international level. They include the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Court (ICC). In many international courts, authority turns on judicial decisions. Yet in the context of international criminal courts, prosecutorial strategy is often at the core of the building or waning of authority. This is partly because of the power of prosecutors to make headlines and cause political controversy with indictments, and of the highly contentious and atypical political environments in which these courts operate. In building their authority, prosecutors are acutely aware of the constraints on the authority they enjoy and thus seek to speak to the constituencies they need—while avoiding others—through their prosecutorial practices.

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30

Building the International Criminal Court. Cambridge University Press, 2008.

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31

Building the International Criminal Court. Cambridge University Press, 2008.

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32

The ICC As a New Instrument for Repressing Terrorism (International and Comparative Criminal Law). Transnational Publishers, 2005.

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33

The Prosecution of International Crimes: A Practical Guide to Prosecuting ICC Crimes in Commonwealth States. Commonwealth Secretariat, 2005.

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34

Jalloh, Charles Chernor. The African Union, the Security Council, and the International Criminal Court. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198810568.003.0009.

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This chapter analyses the controversies surrounding the work of the African Union, the Security Council, and the International Criminal Court. It examines whether the legal justifications offered for the Security Council’s involvement in matters of international criminal justice, as administered by the ICC, match the emerging practice. The chapter reviews the drafting history of the Rome Statute to identify the initial benchmark against which to assess the Chapter VII referral and deferral resolutions and their impacts, if any, on the world’s only permanent international penal tribunal. The chapter situates the ICC within a new post-Cold War global paradigm that is not only concerned with ensuring the collective peace, which is the classical responsibility of the UN, but also ensures that international criminal justice is meted out to at least some of the leaders who foment the world’s worst atrocities.

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35

Kastner, Philipp. International Criminal Justice in Bello?: The ICC Between Law and Politics in Darfur and Northern Uganda. BRILL, 2011.

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36

Tofan, C., and ICA Editorial Board Staff. Long and Winding Road to... Rome: A Brief History of the ICC. International Courts Association, 2011.

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37

Clarke, Kamari M., Abel S. Knottnerus, and Eefje De Volder. Africa and the ICC: Perceptions of Justice. Cambridge University Press, 2017.

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38

Africa and the ICC: Realities and Perceptions. Cambridge University Press, 2016.

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39

Office, FRR Law, ed. Buku pengenalan tentang International Criminal Court (ICC) bagi anggota Dewan Perwakilan Rakyat, Republik Indonesia. Jakarta: FRR Law Office, 2008.

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40

Ratner, Steven R. Sources of International Humanitarian Law and International Criminal Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0043.

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This chapter contends that international humanitarian law (IHL) and criminal law (ICL) cast serious doubt on the traditional doctrine and understanding of sources. Article 38 of the International Court of Justice (ICJ) Statute inadequately describes key modes for prescribing law in these areas. International courts are particularly important for both areas, perhaps because of their unprincipled approach to the indicia of custom. More fundamentally, IHL and ICL suggest that sources scholarship should see itself not as determining necessary and sufficient methods for the making of law, but rather as a search for relevant inputs that become indicators of law. Under this view, certain processes are more authoritative than others, but all deserve scrutiny. Moreover, a theory of sources must take account of the purpose of understanding sources, which is to promote compliance with rules. IHL and ICL also shed light on the importance of morality and ethics to the law-making process.

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41

Smith, Adam M. International Organizations and Criminal Justice. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.236.

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One of the primary goals of the United Nations (UN) is to provide justice. The vast majority of mentions of “justice” in the UN Charter relate to the creation of the International Court of Justice (ICJ), one of the UN’s five principal organs. However, this body is not empowered to take cases on behalf of aggrieved individuals or even to prosecute individual malefactors. Rather, it is “justice” for states that is its goal. Meanwhile, the treaties signed at the 1948 Peace of Westphalia radically delimited the arena of international affairs. Most importantly, Westphalia held as paramount the noninterference by other states in the internal affairs of other members of the international community. Rejecting the logic of Westphalia, the notions of “humanitarian intervention” and the “responsibility to protect” refer to the legal right and/or obligation for a state to interfere in another state for purposes of humanitarian protection. Consequently, the UN established the International Criminal Tribunal for the Former Yugoslavia (ICTY) in order to address the carnage ongoing in the Balkans, as well as the International Criminal Tribunal for Rwanda (ICTR), which targeted that country’s 1994 Hutu–Tutsi violence. Meanwhile, the International Criminal Court (ICC), a non-UN institution, is the first permanent international tribunal devoted to justice in the wake of mass crimes. Each of these post-Cold War international tribunals have been concerned with the enforcement of International Humanitarian Law (IHL). Ultimately, however, the international community continues to hold fast to central elements of Westphalian protections.

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42

Sadat, Wexler Leila, Bassiouni M. Cherif 1937-, and International Association of Penal Law., eds. Observations on the consolidated ICC text before the final session of the Preparatory Committee. [Paris]: Association internationale de droit pénal, 1998.

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43

1937-, Bassiouni M. Cherif, Broomhall Bruce, International Association of Penal Law., and Association internationale de droit pénal., eds. ICC ratification and national implementing legislation =: CPI ratification et législation nationale d'application = CPI ratificación y legislación nacional de actuación. Toulouse: Érès, 1999.

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44

Richard, Dicker. Part I Context, Challenges, and Constraints, 1 The International Criminal Court (ICC) and Double Standards of International Justice. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0001.

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This chapter situates the ICC’s practice to date in the context of the perceived ‘double standard’ dilemmas that international criminal justice continues to face. The Rome Statute’s consent-based jurisdictional regime-with the exception of the Security Council referral mechanism-has inherent limitations. This contribution examines the causes and the effects of these limitations over the course of the last decade of Court activities, as well as possible ways to address this dilemma. It argues that Security Council practice has shown three distinct negative features: (i) selectivity, (ii) substantive shortcomings in the referral resolutions, and (iii) a lack of meaningful follow-up. This calls for an improvement of the Council’s working methods that maintains the judicial independence of the Court.

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45

Max, Du Plessis, Ford Jolyon, and Institute for Security Studies (South Africa), eds. Unable or unwilling?: Case studies on domestic implementation of the ICC Statute in selected African countries. Pretoria: Institute for Security Studies, 2008.

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46

Rodenhäuser, Tilman. The ‘State or Organizational Policy’ Requirement for Crimes against Humanity under the Rome Statute of the International Criminal Court. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198821946.003.0012.

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Chapter 9 interprets the Rome Statute of the International Criminal Court (ICC Statute), the Statute’s Elements of Crimes, and the Court’s jurisprudence to identify the characteristics non-state entities behind crimes against humanity (CAH) need. It argues that the term ‘organizational policy’ under article 7(2)(1) ICC Statute is best understood in accordance with the ICC’s Elements of Crimes. In line with international jurisprudence, a collective entity’s policy can relate to the criminal acts underlying CAH in three ways: the entity might tolerate and thereby motivate the crimes; it might instigate the crimes; or commit the crimes through its own forces. Going beyond how the ICC has interpreted the ICC Statute hitherto, this chapter argues that the degree of organization of armed groups behind CAH depends on how the entity relates to the crimes in question. Concretely, it needs different capacities to tolerate, instigate, or commit crimes against humanity.

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47

Lohne, Kjersti. NGOs for International Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198816423.003.0007.

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Kjersti Lohne describes the impact of non-governmental organizations at the International Criminal Court (ICC), in particular discussing the relative lack of regard for defendants’ rights, and especially highlighting the difficulties encountered by those acquitted. After the Coalition for the International Criminal Court contributed to the establishment of the ICC itself in the fight against impunity for international crimes, that Coalition has continued a victim-oriented approach, arguably at the expense of defendants’ rights. The ICC’s focus on victims, ‘truth’, and ‘memory’ may challenge the legitimacy of the Court in the longer run.

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48

Brouwer, Anne-Marie de. Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR. Intersentia, 2005.

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49

Kjeldgaard-Pedersen, Astrid. The Legal Personality of Individuals in International Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198820376.003.0006.

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No one seriously disputes that the individual is a subject of international criminal law. But it is much less certain whether international crimes a priori entail individual responsibility, which would be in line with the ‘individualistic’ conception of international legal personality, or whether the responsibility arises a posteriori consistent with the Kelsenian approach. Following a brief account of some historical antecedents, Chapter6 provides a detailed examination of the pivotal post-Second World War trials and the subsequent development of individual responsibility for international crimes by the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC). Moreover, the chapter shows that the common practice of categorizing criminal courts as either international, internationalized, or domestic according to the ‘involvement of the international community’ ultimately rests on the orthodox ‘States-only’ conception of international legal personality.

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50

Chiara, Malaguti Maria, ed. ICC and international cooperation in light of the Rome Statute: Proceedings of the workshop held in Lecce on October 21-22, 2005. Lecce: Argo, 2007.

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Books on the topic 'International Criminal Court (ICC)'

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