The Law and Practice of the International Criminal Court - Hardcover

Hardcover

ISBN 10: 0198705166 ISBN 13: 9780198705161

Publisher: OUP Oxford, 2015

Synopsis

Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations.

The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development.

The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.

About this title

Review:

This book provides a preeminent contribution to current comprehension of the ICC and the international criminal justice project. The Law and Practice of the International Criminal Court comprehensively addresses many of the contentious issues facing the Court and provides new ways of appreciating these issues. A key strength is that the authors are from a wide variety of backgrounds: academia, non-governmental sphere and practice. This provides a diversity of approaches and information. In this volume, Stahn has brought together many of the strongest contributors to the field of international criminal justice. (Sophie Rigney, Journal of International Criminal Justice)

About the Author:

Carsten Stahn is Professor of International Criminal Law and Global Justice at Leiden University and Program Director of the Grotius Centre. He is the author of The Law and Practice of International Territorial Administration: Versailles to Iraq and Beyond. He has published articles on international criminal law and transitional justice in leading international journals (American Journal of International Law, European Journal of International Law, Journal of International Criminal Justice, Harvard International Law Journal), and edited several collections of essays in the field.

About this edition

• Publisher: OUP Oxford
• Publication date: 2015
• ISBN 10: 0198705166
• ISBN 13: 9780198705161
• Binding: Hardcover
• Edition number: 1
• Number of pages: 1440
• Editor: Stahn Carsten