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Vol 21 No 11 Nov/Dec 2016

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The Law and Practice of the International Criminal Court

Edited by: Carsten Stahn

ISBN13: 9780198705161
Published: May 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £195.00



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The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down.

After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law.

The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development.

The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned.

It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals.

In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking.

Subjects:
International Criminal Law, Courts and Procedure
Contents:
The ICC at Ten: Achievements and Challenges in Perspective
Introduction

PART 1: CONTEXT, CHALLENGES, AND CONSTRAINTS
1. The ICC and 'Double Standards' of International Justice
2. The ICC and the Politics of Conflict
3. The ICC and the African Union
4. Funding the Court
5. The ICC and Oversight by the Assembly of States Parties

PART 2: THE RELATIONSHIP TO DOMESTIC JURISDICTIONS
6. Jurisdictional Scope of Situations
7. Ad hoc Declarations of Acceptance of Jurisdiction
8. Self-Referrals
9. Admissibility Challenges Before the ICC
10. The International Criminal Court and its Relationship to Non-States Parties
11. State Cooperation and Immunities

PART 3: PROSECUTORIAL POLICY AND PRACTICE
12. Making the Most of Preliminary Examinations
13. ICC Investigations
14. The Office of the Prosecutor and the Selection of Situations and Cases
15. Selecting Cases and Charging Crimes
16. Accountability of International Prosecutors

PART 4: THE ICC AND ITS APPLICABLE LAW
17. The ICC and the Treatment of Sources of Law under Article 21
18. The ICC and Treaty Interpretation
19. Theorizing Modes of Liability Under Article 25
20. The ICC and Co-Perpetration
21. Indirect Perpetration
22. Other Forms of Liability
23. The ICC and JCE: What Contribution is Required Under Article 25 (3)(d)?
24. Superior Responsibility Under Article 28
25. Mental Elements
26. Genocide
27. Three Concepts of Crimes Against Humanity
28. Charging War Crimes: Policy and Prognosis
29. The Crime of Aggression
30. Charging Sexual and Gender-based violence
31. Cumulative Charges and Cumulative Convictions

PART 5: FAIRNESS AND EXPEDITIOUSNESS OF ICC PROCEEDINGS
32. The Role of the Pre-Trial Chamber
33. Confirmation of Charges
34. Trial Procedures
35. Sentencing Theory and Practice
36. Appeals Procedure
37. Legal Qualification of Facts under Regulation 55
38. Evidence and Disclosure - A Defence Perspective
39. Evidence and Disclosure - A Prosecutorial Perspective
40. The ICC and the Protection of Witnesses
41. Victim Participation in the Practice of the ICC
42. Reparations Before the ICC: Issues and Challenges

PART 6: IMPACT, 'LEGACY', AND LESSONS LEARNED
43. Deterrence and the ICC
44. Complementarity and 'Legacy'
45. Living Legacy: What Has Been Learned About the Practice of Strengthening Domestic Investigative and Prosecutorial Capacity?

Conclusion