The Permanent International Criminal Court: Legal and Policy Issues

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Dominic McGoldrick, Peter J. Rowe, Eric Donnelly
Hart Publishing, 2004 - Law - 498 pages
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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 defenses, evidential dilemmas, the perspective of victims, the nature and scope of the offenses within the ICC's jurisdiction - aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction - and 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 the UK, Sweden, Canada and Australia. The book ble
 

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Contents

Jurisdiction and Admissibility
63
The Crimes
121
Liability and Defences
231
Evidence and Victims
285
National Implementation and Political Responses
335
The Significance of the International Criminal Court
451
Appendices
479
Index
487
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About the author (2004)

Peter Rowe is Professor of Law at the University of Lancaster. He has been Chairman of the UK Group of the International Society for Military Law and the Law of War, and has published widely in these areas.

Eric Donnelly, MD, Northwestern University School of Medicine

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