The Permanent International Criminal Court: Legal and Policy Issues
Dominic McGoldrick, Peter J. Rowe, Eric Donnelly
Hart Publishing, 2004 - Law - 498 pages
The idea of an International Criminal Court has captured the international legal imagination for over a century. In 1998 it became a reality with the adoption of the Rome Statute. This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law,the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts involved in negotiating the ICC Statute, the general principles of legality, the scope of defences, evidential dilemmas, the perspective of victims, the nature and scope of the offences within the ICC's jurisdiction - aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction, the principle of complementarity, national implementation of the Statute in a range of jurisdictions, and national and international responses to the ICC. The expert contributors are drawn from a range of national jurisdictions - UK, Sweden, Canada, and Australia. The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute.
What people are saying - Write a review
accused acts actus reus Additional Protocol adopted agreement AJIL amnesty apply argued Article 98 Cassese Charter Commission committed concerned constitute context crime of aggression crimes against humanity crimes trials customary international law decision defence definition delegations Draft Elements of Crimes established force Former Yugoslavia Geneva Conventions Genocide Convention German grave breaches Hague Human Rights ICC Statute ICC’s ICTR ICTY implementation individual intent International Criminal Court international criminal law International Criminal Tribunal international humanitarian law international tribunals investigation issue judges July justice liability mens rea military negotiations non-international armed conflict Nuremberg offences organisations party peace and security peacekeeping perpetrator person political Preparatory Committee principle Procedure and Evidence prosecution Prosecutor protection provisions ratification reference relation relevant Report resolution 1422 Rome Conference Rome Statute Rules of Procedure Rwanda Schabas specific Tadic territory treaty Trial Chamber Trial Judgment United Nations universal jurisdiction victim-witnesses violations witnesses