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By Carsten Stahn
The foreign legal court docket is a debatable and critical physique inside overseas legislation; one who is considerably growing to be in significance, really as different foreign legal tribunals shut down. After a decade of court docket perform, this e-book takes inventory of the actions of the foreign legal court docket, determining the foremost concerns wanting re-thinking or power reform. It presents a scientific and in-depth thematic account of the legislations and perform of the courtroom, together with its alterations context, the demanding situations it faces, and its total contribution to overseas felony legislations. The e-book is written by way of over 40 prime practitioners and students from either inside and out the court docket. they supply an unprecedented perception into the court docket as an establishment, its jurisprudence, the effect of its actions, and its destiny improvement.
The paintings addresses the ways that the perform of the overseas legal courtroom has emerged, and identifies ways that this tradition may be sophisticated or better in destiny circumstances. The booklet is geared up alongside six key topics: (i) the context of foreign legal courtroom investigations and prosecutions; (ii) the connection of the courtroom to household jurisdictions; (iii) prosecutorial coverage and perform; (iv) the appropriate legislations; (v) equity and expeditiousness of lawsuits; and (vi) its effect and classes discovered. It exhibits the ways that the court docket has provided clean views at the theorization and perception of crimes, fees and person legal accountability. It examines the procedural framework of the court docket, together with the functioning of alternative levels of court cases. The Court's judgements have major repercussions: on family legislations, felony concept, and the legislations of alternative foreign courts and tribunals. during this context, the e-book assesses the level to which particular methods and assumptions, either optimistic and detrimental, in regards to the power impression of the court docket are short of re-thinking. This ebook should be crucial analyzing for practitioners, students, and scholars of foreign legal legislation.
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Extra resources for The Law and Practice of the International Criminal Court
911 Decision on Mr Ruto’s Request for Excusal from Continuous Presence at Trial’, Ruto and Sang, Situation in the Republic of Kenya, ICC-01/09-01/11-1066, AC, ICC, 25 October 2013. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , Situation in the Republic of Kenya, ICC-01/09-01/11-330, PTC II, ICC, 9 September 2011 . . . . . . . 1182 Decision No. 2 on the Conduct of Trial Proceedings (General Directions), Ruto and Sang, Situation in the Republic of Kenya, ICC-01/09-01/11-900, TC V(A), ICC, 3 September 2013 .
929 Decision No. 5 on the Conduct of Trial Proceedings (Principles and Procedure on ‘No case to Answer’ Motions), Ruto and Sang, Situation in the Republic of Kenya, ICC-01/09-01/11-1134, TC V(A), ICC, 3 June 2014. . . . . . . . . . . . . . . . 420, 429 Decision on the Prosecutor’s Appeal against the ‘Decision on the Prosecution’s Request to Amend the Updated Document Containing the Charges Pursuant to Article 61(9) of the Statute’, Ruto and Sang, Situation in the Republic of Kenya, ICC-01/09-01/11-1123, AC, ICC, 13 December 2013 .
260 Decision Regarding the Visit of Omar Hassan Ahmad Al-Bashir to the Federal Republic of Ethiopia, Al Bashir, Situation in Darfur, Sudan, ICC-02/05-01/09-199, PTC II, ICC, 29 April 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260, 1280 Judgment on the Appeal of the Prosecutor against the ‘Decision on the Prosecution’s Application for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir’, Al Bashir, Situation in Darfur, Sudan, ICC-02/05-01/09-73 OA, AC, ICC, 3 February 2010.
The Law and Practice of the International Criminal Court by Carsten Stahn