William A. Schabas's An Introduction to the International Criminal Court (2004) PDF

By William A. Schabas

ISBN-10: 0511185022

ISBN-13: 9780511185021

ISBN-10: 0521830559

ISBN-13: 9780521830553

Because the overseas legal courtroom ushers in a brand new period within the defense of human rights, William Schabas experiences the heritage of foreign felony prosecution; the drafting of the Rome Statute of the overseas felony court docket and the rules of its operation (including the scope of its jurisdiction and the procedural regime). This revised variation considers the court's start-up arrangements, together with election of judges and prosecutor. It additionally addresses the problems created via U.S. competition, and analyzes some of the measures taken by means of Washington to impede the court docket. First variation Hb (2001): 0-521-80457-4 First version Pb (2001): 0-521-01149-3

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IT-95-16-T), Judgment, 14 January 2000; Prosecutor v. Tadic (Case No. IT-94-1-A and IT-94-1-Abis), Judgment in Sentencing Appeals, 26 January 2000; Prosecutor v. Furundzija (Case No. IT-96-17/1-A), Judgment, 17 July 2000. crimes prosecuted by the court 31 as a whole’ and, specifically, to the crime of genocide, crimes against humanity, war crimes and the crime of aggression. A review conference, to be held seven years after the entry into force of the Statute, may consider amendments to the list of crimes contained in Article 5,13 and it is therefore not inconceivable that new offences may be added.

The words ‘to destroy’ can readily bear the concept of cultural as well as physical and biological genocide, and bold judges might be tempted to adopt such progressive construction. Recent judgments of the International Criminal Tribunal for the Former Yugoslavia44 and of the German Constitutional Court45 suggest that the law is evolving in this direction. 46 44 45 46 Prosecutor v. Krstic (Case No. IT-98-33-T), Judgment, 2 August 2001, para. 580. Nikolai Jorgic, Bundesverfassungsgericht (Federal Constitutional Court), Fourth Chamber, Second Senate, 12 December 2000, 2 BvR 1290/99, para.

National courts have shown, in recent years, a growing enthusiasm for the use of international law materials in the application of their own laws. A phenomenon of judicial globalisation is afoot. The Statute itself, and eventually the case law of the International Criminal Court, will no doubt contribute in this area. The International Criminal Tribunal for the Former Yugoslavia, in Prosecutor v. Furundzija, described the Statute’s legal significance as follows: [A]t present it is still a non-binding international treaty (it has not yet entered into force).

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An Introduction to the International Criminal Court (2004) by William A. Schabas


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