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Vol 23 No 5 May/June 2018

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Essays on International Criminal Justice

ISBN13: 9781841130521
Published: January 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00

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Crimes of atrocity have profound and long-lasting effects on any society. The difference between triggering and preventing these tragic crimes often amounts to the choice between national potential preserved or destroyed. It is also important to recognise that they are not inevitable: the commission of these crimes requires a collective effort, an organisational context, and long planning and preparation. Thus, the idea of strengthening preventative action has taken on greater relevance, and is now encompassed in the emerging notion of 'responsibility to prevent'. International courts and tribunals contribute to this effort by ending impunity for past crimes. Focusing investigations and prosecution on the highest leadership maximizes the impact of this contribution.

The ICC has an additional preventative mandate which is fulfilled by its timely intervention in the form of preliminary examinations. Moreover, when situations of atrocity crimes are triggered, its complementarity regime incentivises states to stop violence and comply with their duties to investigate and prosecute, thus strengthening the rule of law at the national level. The new role granted to victims by the Rome Statute is key to the ICC´s successful fulfilment of these functions. This new book of essays, which includes the author's unpublished inaugural lecture at Utrecht University, examines these issues and places particular emphasis in the additional preventative mandate of the ICC, the ICC complementarity regime, the new role granted to victims, and the prosecution of the highest leadership through the notion of indirect perpetration.

International Criminal Law
Foreword: Law in the Twenty-First Century
Luis Moreno Ocampo, Prosecutor of the International Criminal Court
Preliminary Reflections: The Preventative Role of the International Criminal Court
Judge Elizabeth Odio Benito, Judge and former Vice-President of the International Criminal Court
Introduction to Essays on International Criminal Justice
Leila Nadya Sadat, Henry H Oberschelp Professor of Law and Director, Whitney R Harris World Law Institute, Washington University School of Law
1: The Role of the International Criminal Court in Preventing Atrocity Crimes through Timely Intervention
2: The Admissibility of 'Situations'
3: The Admissibility Analysis of the 'Situation' in the Republic of Kenya Before the International Criminal Court
4: The Distinction Between Situations and Cases in National Laws of Cooperation with the ICC
5: Complementarity Analysis of National Sentencing
6: The Application of Indirect Perpetration through Organised Structures of Power at the International Level
7: Shedding Some Light on the Nature of the Notion of Joint Criminal Enterprise and its Extended Form
8: Victims' Participation According to the Jurisprudence of the International Criminal Court
9: Legal Clinics in Continental Western Europe: The Approach of the Utrecht Legal Clinic
Reflections on Complementarity and Cooperation in Early Practice under the Rome Statute
Judge René Blattmann, Judge and former Vice-President of the International Criminal Court, Carl Bertelsmann Prize, Dr. Hc. University of Basel and Humboldt University of Berlin
Final Reflection: The Challenges of the International Criminal Court
Judge Silvia A Fernández de Gurmendi, Judge of the International Criminal Court
Epilogue: Building the Proceedings Before the Pre-Trial Chamber of the International Criminal Court
Judge Sylvia H Steiner, Judge and President of the Pre-Trial Division of the International Criminal Court