The Permanent International Criminal Court: Legal and Policy Issues

ISBN-13: 9781841132815 / Angielski / Miękka / 2004 / 514 str.

Dominic McGoldrick; Peter Rowe; Eric Donnelly

Opis

This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law, the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts involved in negotiating the ICC Statute, the general principles of legality, the scope of defenses, evidential dilemmas, the perspective of victims, the nature and scope of the offenses within the ICC's jurisdiction - aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction - and the principle of complementarity, national implementation of the Statute in a range of jurisdictions, and national and international responses to the ICC. The expert contributors are drawn from the UK, Sweden, Canada and Australia. The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute.