The International Criminal Court and National Jurisdictions

ISBN-13: 9780754674368 / Angielski / Twarda / 2008 / 192 str.

Opis

At a stage in its development when the workings of the International Criminal Court may be assessed, this timely volume provides valuable insights into its activities and, in particular, its interaction with national jurisdictions and international organizations. The contributors discuss a broad range of topics and present a 'first assessment' of complementarity. They address the issues at the heart of the substantive and procedural law of the Court and examine aspects relating to national implementation and international cooperation. These proceedings are the latest addition to the Trento Conference series, bringing together a wide range of leading scholars, diplomats and representatives of international organizations. As such, they provide an important contribution to the ongoing debate surrounding International Criminal Law and the International Criminal Court in particular. This thought-provoking study will be of value to researchers and policy makers alike.

Recenzje

'Any contemporary thirst for an analysis of 'complementarity' - which potentially competing criminal courts have jurisdiction, and in what circumstances - will be quenched by this excellent resource...Readers of all stripes and vocations would be wise to include this, and its related Ashgate ICC booklets in their repertoire of key guidance in the field.' ASIL Newsletter

Spis treści

Contents: Editors' preface; Introductory remarks, Philippe Kirsch; Italy and the International Criminal Court, Ivo Maria Braguglia. Part I Complementarity: A First Assessment: Principe de complémentarité et droit international général, Pierre-Marie Dupuy; Complementarity in practice: creative solutions or a trap for the Court?, William A. Schabas; Issues of admissibility in case of self-referrals, Giorgio Gaja. Part II Substantive and Procedural Aspects of Complementarity: The principle of complementarity and Security Council referrals, Phani Dascalopoulou-Livada; Inability to investigate and prosecute under Article 17, Edoardo Greppi; The complementary role of the International Criminal Court: are there any time-limits?, Frederica Gioia. Part III Recent Developments on International Cooperation and National Implementation: The ICC and international criminal cooperation - key aspects and fundamental necessities, Hans-Peter Kaul; Cooperation with the International Criminal Court: some thoughts on improvements under the current regime, HÃ¥kan Friman; State cooperation with the ICC and human rights, Annalisa Ciampi; Can the Nuremberg legacy serve any purpose in understanding the modern concept of 'complementarity', Maria Chiara Malaguti; Cooperation between the European Union and the International Criminal Court: legal bases and opportunities for implementation, Teresa Maria Moschetta. Part IV Round Table: The ICC Relationship with National Jurisdiction: What Future?: Round table, Theodor Meron; Roberto Toscano; Fausto Pocar; Francesco Francioni; HÃ¥kan Friman; Closing remarks, Luigi Condorelli; Index.

O autorze

Judge Politi was elected for a six-year term from the Western European and Others Group of States (WEOG), and is assigned to the Pre-Trial Chamber of the International Criminal Court, The Hague, The Netherlands. He has been a full professor of international law at the University of Trento, Italy since 1990. Federica Gioia is Legal Officer in Chambers at the International Criminal Court, The Hague, The Netherlands and Associate Professor of International Trade and Commercial Law, University of Piacenza, Italy.