This volume reviews the achievements and limitations of the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the creation of mixed national/international courts: the Special Court for Sierra Leone and the Cambodia Tribunal. The major, unexpected and promising judiciary innovation is however the creation of the International Criminal Court in 1998, supported by the UN, European Union members and other countries, effectively promoted by NGOs, but strongly opposed by the USA. The Court will have to show that it is a fair and valuable instrument in fighting impunity at the international level.

This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.

This book reflects a primary response by international civil society to US disregard for international law. It is a damning indictment of the Hiroshimas of our time. It provides a cogent elaboration of the international legal values to be defended, for humanity to triumph over the new wave of global barbarism brought about by the efforts of the United States to consolidate and extend the dimensions of its empire. Once the champion of the United Nations, the United States now skirts the Geneva Conventions, uses international humanitarian law as a pretext for intervention, engages in bombardments causing grave civilian losses, seeks to expand its options in relation to torture while continuing to render prisoners to countries known for its practice. Having failed in its effort to block the establishment of the International Criminal Court, the United States still refuses to ratify its Statute--even though the ICC Statute modified the rules of the 1977 Geneva Protocol and The Hague in an effort to satisfy the trajectory pursued by U.S. foreign policy. The United States' pursuit of a unilateral imperial policy based on military force destroys the credibility of the nascent international legal framework. Rather, the US is leading the world by example toward a future without rules or values, where humanity is subject to the whims of the more powerful. Former government officials, scholars, advocates and directors of international organizations operating at the highest level in the areas of international humanitarian law address the relevant international law, the threats thereto by US policy, its ramifications for the world system, and possible avenues of legal recourse.

The period immediately following Kenya's 2007 presidential election left a shocking trail of atrocities, with over 1,000 people dead and countless thousands left victimised and displaced. In response, the International Criminal Court began a series of investigations and trials, promising no impunity for even the highest ranking perpetrators. When the country's president and vice-president were implicated in the crimes, the case took on worldwide significance. The International Criminal Court and the End of Impunity in Kenya is a five-year study addressing critical human rights issues with a global reach and is the first detailed account of the ICC's intervention in Kenya. It probes the relationship between the ICC and state institutions, known as positive complementarity, and asks whether the ICC's intervention led to an end to impunity. The author provides comprehensive analysis of the Waki Commission's sealed envelope, the government's attempts to establish a special tribunal and the trials in The Hague. He also provides in depth consideration of any influence the ICC's intervention may have had on the passing of a new constitution, the establishment of a truth commission and important reforms to the judiciary, police and witness protection programme. Documenting the effects of these interventions on the Kenyan people, and on the country's legal and judicial systems, the book provides vital lessons in global justice as it: •Details the ICC's involvement in Kenya in the aftermath of extreme violence and instability •Evaluates the ICC prosecutor's strategy of positive complementarity •Identifies optimal conditions for positive complementarity to be effective •Links cultures of impunity to state-sponsored corruption •Explores the possible impact of the ICC on national and global policy •Discusses implications in responding to future crimes against humanity Replete with official government sources, The International Criminal Court and the End of Impunity in Kenya is necessary reading for researchers and practitioners working in public international law, particularly those specialising in conflict and post-conflict states.

Bringing together leading experts in the field, this volume provides comprehensive academic commentary on the UN Principles to Combat Impunity. The book features the text of each of the 38 Principles, along with a full analysis, detailed commentary, and a guide to relevant literature and case law.

The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.

The End of Corruption and Impunity argues that it is feasible to limit the corruption that plagues developing regions of the world by implementing an international treaty designed to combat dysfunctional criminal justice systems and restore human rights.

Evidence shows that national justice has been slow, ineffective or unwilling to judge major political and military leaders responsible for genocide, war crimes and crimes against humanity on a large scale. Hence the justification for international criminal justice. This book reviews the achievements and limitations of the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the creation of mixed national/international courts: the Special Court for Sierra Leone and the Cambodia Tribunal. The major, unexpected and promising judiciary innovation is however the creation of the International Criminal Court in 1998, supported by the UN, European Union members and other countries, effectively promoted by NGOs, but strongly opposed by the USA. The Court will have to show that it is a fair and valuable instrument in fighting impunity at the international level. Not a legal treatise, this book combines historical, legal and political elements in a highly readable text on the development of international criminal justice, which should be of interest to both the academic community, international organisations and concerned observers.

Document from the year 2019 in the subject Law - European and International Law, Intellectual Properties, Tufts University, language: English, abstract: The focus of this book is the analysis of male sexual crimes in international criminal justice. The first part of the present research work is focused on the legal analysis of the relevant articles of international criminal court's Statute regarding the obligation of cooperation between states for the punishment of serious crimes against humanity and war. Judicial development, starting with the ad hoc tribunals and arriving at causes at various stages of proceedings still ongoing in the International Criminal Court (ICC), opens doctrinal and comparative national debates especially in the case of lacking states cooperation, seeking to elaborate specific topics such as the obligation of states cooperation, requests for assistance during preliminary investigations,during inquires, and confidential information. Court assistance to states parties participating in the Statute, suspending the execution of a request, the role of the prosecutor and the non-assistance of some states impede the development and operation of international criminal justice. The second part has attempted to analyze sexual crimes and especially the crime of male rape.The jurisprudence of international criminal tribunals and the ICC have tried to qualify rapeeither as a crime of genocide in the form of serious and physical injuries, even if notnecessarily permanent (lett.b) Art.6 of the Rome Statute; or as a crime against humanity wherethere are elements of context and above all material elements that emerge from the defenitionsgiven by the ad hoc tribunals and the elements of crimes; or even as a war crime in case it isimplemented to that of sexual violence, according to a geneder specific relationship tospeciem. Judges through the jurisprudence have included in this context any conduct of asexual type of aggression to human dignity that does not consist in an act of penetration andthat does not involve physical contract. The contrasts are always open. Due to the lack ofdealing with a "particular" crime and difficult to prove it or testify before an internationalcourt. The indication on the level of gravity of the crime is necessary for the relevance ofsexual violence and rape as crimes against humanity that we will see in the coming years.