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0 (hodnocen0 x )

EB

ONLINE

1st ed.

Leiden : BRILL, 2016

1 online resource (495 pages)

ISBN 9789004304451 (electronic bk.)

ISBN 9789004304444

Print version: Steinberg, Richard H. Contemporary Issues Facing the International Criminal Court Leiden : BRILL,c2016 ISBN 9789004304444

Intro -- Contemporary Issues Facing the International Criminal Court -- Copyright -- Contents -- Acknowledgements -- Foreword -- Preface -- Contributors -- Abbreviations -- Part 1: Jurisdiction: The 2008-2009 Gaza Issue -- Introduction to Part 1 -- 1 No Jurisdictional Basis for an Investigation Pursuant to the Palestinian Declaration -- 2 Press Releases, Not Arrest Warrants: Interpreting the icc Prosecutor’s Moves in Relation to the Gaza Situation -- 3 Palestine and the International Criminal Court: Asking the Right Question -- 4 Palestine is a State so the Consent Declaration is a Valid Basis for Investigation by the ICC -- 5 The ICC Should Not Accept the Palestinian Declaration as that of a State -- Part 2: Obligation to Arrest: The Darfur Issue -- 6 The Impact of the Genocide Convention on the Obligation to Implement ICC Arrest Warrants -- 7 Head of State Immunity as a Bar to Arrest -- 8 Closing the "Impunity Gap" and the Role of State Support of the ICC -- 9 State Obligations in Implementing Arrest Warrants -- 10 State "Cooperation Issues" in Arresting Al Bashir -- Part 3: The Oversight Issue -- Introduction to Part 3 -- 11 The Proposed Independent Oversight Mechanism for the International Criminal Court -- 12 The Independent Oversight Mechanism Does Not Have Authority to Investigate and Decide Alleged Misconduct by Staff in the Office of the Prosecutor -- 13 The Role of the Assembly of States Parties for the ICC -- 14 Establishing a Transparent and Effective Oversight Machinery and the Need for Constructive Dialogue between the Assembly, Court Officials, and Civil Society -- 15 A Reasonable Request: Requiring Prosecutor Authorization Prior to Any Investigation by the Independent Oversight Mechanism -- Part 4: Deterrence: The Prevention Issue -- Introduction to Part 4.

16 The ICC Would Increase Its Prevention Ability If the Prosecutor’s Discretion were More Visibly Limited -- 17 The Court Should Avoid all Considerations of Deterrence and Instead Focus on Creating a Credible and Legitimate Normative Environment in Which Serious Crimes are Not Tolerated -- 18 Maximizing the icc’s Crime Prevention Impact Through Positive Complementarity and Hard-Nosed Diplomac -- 19 The Crime Prevention Potential of the International Criminal Court Depends Upon its Credibility and the Support it Receives from Governments and Especially those of States Parties to the Rome Treaty -- 20 Maximizing Opportunities to Deter Further Atrocity Crimes -- Part 5: The Reparations Issue -- Introduction to to Part 5 -- 21 Victims’ Rights and Participation in ICC Proceedings and in Emerging Customary International Law -- 22 The icc Should Avoid Paternalistic or Bureaucratic Approaches to Determining Victims’ Needs and Wants and Should Award Reparations to Promote Victims’ Dignity and Agency -- 23 Reparations in the Wake of Atrocities: A Plan for Encouraging Participation by Governments -- 24 Reparations before the ICC: The Need for Pragmatism and Creativity -- 25 A Minimalist Reparations Regime for the International Criminal Court -- Part 6: Proof: The Mass Rape Issue -- Introduction to Part 6 -- 26 Can the ICC Sustain a Conviction for the Underlying Crime of Mass Rape without Testimony from Victims? -- 27 Cases of Mass Sexual Violence Can Be Proven without Direct Victim Testimony -- 28 The Use of Sample Survey Interviews as Evidence of Mass Rape -- 29 ICC Prosecution of Mass Rape Crimes Will Require some Evidence from Victims, but the Hardship of Testifying Can be Mitigated -- Part 7: Bias? The Africa Issue -- Introduction to Part 7 -- 30 The Inevitable Practice of the Office of the Prosecutor -- 31 Why Africa?.

32 Is the ICC Targeting Africa Inappropriately? A Moral, Legal, and Sociological Assessment -- 33 International Politics and Policy Considerations for the Inappropriate Targeting of Africa by the ICC OTP -- 34 The Institutional Framework of the Office of the Prosecutor, Legitimacy, and Overcoming Bias Allegations -- 35 Is the ICC’s Exclusively African Case Docket a Legitimate and Appropriate Intervention or an Unfair Targeting of Africans? -- Part 8: The Arrest Issue -- Introduction to Part 8 -- 36 ICC Fugitives: The Need for Bespoke Solutions -- 37 Ramping Up Strategies for icc Arrests: A Few Lessons Learned -- 38 Some Reflections on Securing the Arrest of ICC Fugitives -- 39 Pollyannas Need Not Apply: International Justice is, to a Certain Extent, Political Justice -- 40 An Integrative Model for the ICC’s Enforcement of Arrest and Surrender Requests: Toward a More Political Court? -- Index.

001903449

express

(Au-PeEL)EBL4514046

(CaONFJC)MIL917297

(CaPaEBR)ebr11208212

(MiAaPQ)EBC4514046

(OCoLC)933866571