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The International Criminal Court in Search of its Purpose and Identity (Routledge Research in International Law)From Routledge
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The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy.
The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.
- Sales Rank: #4667740 in Books
- Published on: 2015-01-02
- Original language: English
- Number of items: 1
- Dimensions: 9.30" h x .90" w x 6.20" l, .0 pounds
- Binding: Hardcover
- 306 pages
Review
Presenting insightful commentary and analysis of the workings of the ICC, this book is a valuable contribution to studies in international law, particularly in the face of increasing terrorist threats to international stability. - Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
"Contributors to Mariniello’s collection focus on the procedural and substantive challenges faced by the International Criminal Court (ICC), the first permanent international criminal tribunal. Essays seek to elaborate ways in which the Court may resolve difficulties; to consider the relationship between the ICC and states; and to explore the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed." - Law and Social Inquiry Journal
About the Author
Triestino Mariniello is a Lecturer in Law at Edge Hill University, UK.
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A welcome contribution...
By Phillip Taylor MBE
A WELCOME CONTRIBUTION TO THE SCHOLARSHIP OF INTERNATIONAL LAW
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
International lawyers as well as academics and researchers will welcome this work of scholarship from Routledge’s distinguished and highly regarded Research in International Law series which now includes at least forty titles. This book is one of the latest and, thanks to the editor Triestino Mariniello, it offers a clearly presented history and analysis of the International Criminal Court (ICC).
The ICC, as the editor explains, ‘embodies the main legacy of the International Military Tribunal of Nuremberg’ which was set up after World War II to bring the war criminals of Nazi Germany and the Empire of Japan to justice and to punish them accordingly. Its main proviso (and we quote) was that “crimes against international law are committed by men, not by abstract entities and only by punishing individuals who commit such crimes can the provisions of international law be enforced.”
The ICC has therefore become the first permanent international criminal tribunal which, as the editor explains, ‘has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes and crimes of aggression.’
The book includes the proceedings of an international conference held in 2013 at Edge Hill University on ‘The First Ten Years of the International Criminal Court: Achievements and Challenges’. The result is a valuable work of reference which presents the collaborative efforts of fifteen contributors, each from either a legal, or academic background (or both) and all experts with a formidable array of qualifications and experience in the field of international criminal law.
Divided into four parts, the book focuses initially on ‘crimes and modes of liability’, including ‘the case for inclusion of terrorism in the jurisdiction of the International Criminal Court’. Part II on the rights of the accused and of victims tackles, for example, the right not to be tried twice for international crimes (a controversial issue, that one) and then turns to the fraught matter of victims’ reparations.
Part III examines the relationship between the International Criminal Court and States. By signing and ratifying the Rome Statute’, says the editor, that ‘states voluntarily accept a limitation to their sovereignty’. This, he adds is a ‘revolutionary development in international law.’ In Part IV on applicable law and judicial creativity, there’s an interesting chapter on the confirmation of charges at the ICC which examines such issues as the evidentiary threshold for committing a suspect for trial.
As evidenced by the extensive bibliographies which follow each of the twelve chapters and the copious footnoting, this book is a treasure trove of resources for researchers in this field. Presenting insightful commentary and analysis of the workings of the ICC, this book is a valuable contribution to studies in international law, particularly in the face of increasing terrorist threats to international stability.
The date of publication is cited as at 2015.
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