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The International Criminal Court in Search of its Purpose and Identity

The International Criminal Court in Search of its Purpose and Identity

Author: Triestino Mariniello
Publisher: Routledge
ISBN: 9781138280588

Published In: November 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780415747776

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Description
Contents

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The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and aggression.

It constitutes a fundamental step in the evolution of the universal system of human rights protection and in the fight of impunity for the crimes in question. This book critically analyses the law and practice of the ICC, and its contribution to the development of international criminal law and policy. The focus is placed on the key challenges, both procedural and substantive, faced by the ICC since its establishment.

Contributors to the book include leading experts in international criminal justice, who cover topics including: proposals for the ICC to prosecute a new generation of international crimes, victims reparations, the evidentiary threshold for the confirmation of charges, and claims that the ICC has unfairly targeted countries in Africa.

The book also considers the relationship between the International Criminal Court and States and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these strands the book provides a significant contribution in assessing how the ICC's practice could be refined or improved in future cases.

1. Introduction, Triestino Mariniello

2. The Practice of the International Criminal Court: Opportunities and Challenges. Judge Cuno Jakob Tarfusser

Part 1: Crimes and Modes of Liability

3. New Generation International Crimes, Weak States and the International Criminal Court, Harman van der Wilt

4. Blame it on the ICC? Importing German theories into the African Continent, Indirect Co-Perpetration and beyond, Mohamed Elewa Badar

5. The Difficult Boundaries of the Criteria to Impute Criminal Liability for International Crimes: the Concept of Control (over the crime and over the subordinates) before the ICC, Chantal Meloni

Part 2: Rights of the Accused and of Victims

6. Ne bis in idem for International Crimes: Universal and Regional Approaches, Stefano Manacorda and G. Vanacore

7. Balancing Rights of the Accused with Rights of Victims before the International Criminal Court, Morris Anyah,

8. Lubanga Decision on Victims' Reparation: Handing Off the Hot Potato?, Paolo Lobba

Part 3: The Relationship between the International Criminal Court and States

9. Building National Capacity for the International Criminal Court: Prospects and Challenges, Olympia Bekou

10.The Politics of Complementarity: The Kenya Cases and the International Criminal Court, Phoebe Okowa

11. Has the International Criminal Court Unfairly Targeted Africa? Lyal S. Sunga

Part 4: Applicable Law and Judicial Creativity

12. A First Assessment of the Sentencing at the International Criminal Court: the Lubanga case, Silvia D'Ascoli

13. International Criminal Court Raising the Evidentiary Threshold for the Confirmation of Charges: Abolishing the Difference between Pre-Trial and Trial Chambers?, Triestino Mariniello

14. Guidance or Burden? A Critical Analysis of the Elements of Crimes, S. Finnin

15. Conclusions, Triestino Mariniello