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The Law and Practice of the International Criminal Court (Hardcover)
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The Law and Practice of the International Criminal Court (Hardcover)
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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.
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