Crimes of atrocity have profound and long-lasting effects on any
society. The difference between triggering and preventing these
tragic crimes often amounts to the choice between national
potential preserved or destroyed. It is also important to recognise
that they are not inevitable: the commission of these crimes
requires a collective effort, an organisational context, and long
planning and preparation. Thus, the idea of strengthening
preventative action has taken on greater relevance, and is now
encompassed in the emerging notion of 'responsibility to prevent'.
International courts and tribunals contribute to this effort by
ending impunity for past crimes. Focusing investigations and
prosecution on the highest leadership maximises the impact of this
contribution. The ICC has an additional preventative mandate which
is fulfilled by its timely intervention in the form of preliminary
examinations. Moreover, when situations of atrocity crimes are
triggered, its complementarity regime incentivises states to stop
violence and comply with their duties to investigate and prosecute,
thus strengthening the rule of law at the national level. The new
role granted to victims by the Rome Statute is key to the ICCs
successful fulfilment of these functions. This new book of essays,
which includes the author's unpublished inaugural lecture at
Utrecht University, examines these issues and places particular
emphasis on the additional preventative mandate of the ICC, the ICC
complementarity regime, the new role granted to victims, and the
prosecution of the highest leadership through the notion of
indirect perpetration. 'The work of Professor Olasolo breaks new
ground in the academic field of international criminal law, as an
analysis of the system as a whole. I therefore wish to express my
congratulations for this work.' From the Foreword by Luis Moreno
Ocampo Prosecutor, International Criminal Court, The Hague, 27
April 2011 '[Professor Hector Olasolo's] compilation provides an
enormous source of easy reference to students, academia and legal
actors in the field of international law. A look at the titles
compiled in this volume demonstrates the present challenges to
international criminal justice'. From the Preliminary Reflections
by Elizabeth Odio Benito Judge and Former Vice-President,
International Criminal Court, The Hague, May 2011 'This collection,
written by a brilliant and prolific scholar and practitioner of
international criminal justice, is an insightful and important
contribution to the existing literature...Each chapter in this
collection is copiously footnoted and thoroughly researched, making
it an important reference tool for scholars and practitioners in
the field. Additionally and importantly, the chapters explore,
without polemic, areas of controversy and dissent and thoughtfully
and scrupulously set forth arguments for and against particular
doctrinal choices.' From the Introduction by Leila Nadya Sadat
Henry H Oberschelp Professor of Law and Director, Whitney R Harris
World Law Institute, Washington University School of Law; Alexis de
Tocqueville Distinguished Fulbright Chair, Universite de
Cergy-Pontoise, Paris, Spring 2011
General
Imprint: |
Hart Publishing
|
Country of origin: |
United Kingdom |
Release date: |
2012 |
First published: |
2012 |
Authors: |
Hector Olasolo
|
Dimensions: |
234 x 156 x 22mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
256 |
ISBN-13: |
978-1-84113-052-1 |
Categories: |
Books >
Law >
International law >
International criminal law
|
LSN: |
1-84113-052-4 |
Barcode: |
9781841130521 |
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!