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This PDF eBook is produced by a third-party. We have requested that the file be made accessible and compliant with the European Accessibility Act (EAA). However, we have not been able to fully verify

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International Criminal Justice Series

Melville Ludwig Jacobs

The Consequences of Non-cooperation with the International Criminal Court

An Analysis Through the Lens of General International Law

&lt;p&gt;Chapter 1. Introduction – The ICC’s Failure to Effectively Address Non-cooperation.- Chapter 2. Frameworks for Cooperation under the Rome Statute.- Chapter 3. The Role of the Assembly of States Parties and the UN Security Council in Responding to Instances of Non-cooperation.- Chapter 4. Enhancing Responses to Non-cooperation through the Responsibility to Protect.- Chapter 5. General International Law as a Tool for Strengthening ICC Responses to Non-cooperation through the Lens of R2P.- Chapter 6. The Responsibility to Protect and General International Law as Tools for Strengthening the Assembly of States Parties.- Chapter 7. Strengthening the Security Council’s Responses to Non-cooperation through the Lens of R2P and General International Law.- Chapter 8. Conclusions and Recommendations.- Index.&lt;/p&gt;


Routledge Research in International Law

Theory of Obligations in International Law

Studies in International Law

This book makes a simple but consequential claim: individuals who decisively influence a state's decision to use armed force should be held criminally responsible for aggressive war. Challenging the prevailing orthodoxy, it reinterprets the leadership clause in the definition of the crime of aggression and offers a new responsibility framework that reflects how decisions about war are actually made. Under this approach, liability is not confined to heads of state and top military leaders but extends to civilian power brokers, private actors, and third-state officials who are present at key moments of deliberation and, as reason-giving and reason-demanding participants, exercise decisive influence over whether a state goes to war or continues one. By clarifying who counts as a 'leader' and why, the book charts a principled middle path between overcriminalizing ordinary participants in war, such as common foot soldiers and private citizens, and exempting those who set unlawful wars in motion. Drawing on an eclectic set of sources, the book offers a timely rethinking of individual responsibility for the unlawful uses of force.

Responsibility for the Crime of Aggression under International Law

Studies in International and Comparative Criminal Law

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations. The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war. The author demonstrates that the Rome Statute of the ICC, legibus sic stantibus, does not allow to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks, crucially impairing the ability of this institution to pursue the objectives declared by its founding treaty. It concludes by offering two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations.
 
The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war.
 
The author demonstrates that the Rome Statute of the ICC, legibus sic stantibus, does not allow to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks, crucially impairing the ability of this institution to pursue the objectives declared by its founding treaty. It concludes by offering two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

Bridging the Accountability Gap

Indiscriminate and Disproportionate Attacks in International Law

Cambridge Studies in International and Comparative Law

Submarines in International Law is the first book to explore both the legal history and the contemporary regulation of submarine operations in varied areas of international law. The analysis demonstrates the instances where submarines influenced the development of the law of the sea and the law of armed conflict, as well as highlighting where international law needs to give greater account for submarines in existing bodies of law-including international marine environmental law, the law on the use of force, navigational safety rules, transnational criminal law and international cultural heritage law. Submarine operations range from military and defence uses, to supporting research and commercial seabed industries, to ocean tourism and smuggling of illicit goods. International law regulates all these activities to varying degrees. While submarines may strive to be evasive objects in the ocean, this book demonstrates why they cannot and should not elude the reach of international law.

Submarines in International Law

ASIL Studies in International Legal Theory

Democratic Representation in International Organizations

This book sets out a legality-centred model to better understand the interpretation of crimes in international criminal law. It offers a new way of understanding the interpretation of crime as a two-dimensional process: determining what the law is and interpreting whether that law in fact criminalises the conduct in question. This model affects the process and the outcome of judicial interpretation. The book moves beyond the abstract by applying the model to two case studies: (1) organisational policy as a contextual element of crimes against humanity, and (2) the crime of forced marriage. It brings often-overlooked criminal law theory into the field of international criminal law, offering a fresh, innovative perspective on interpretation and placing the legality principle back at the centre of crime interpretation.

Revisiting the Legality Principle

Judicial Discretion in the Interpretation of International Crimes

Hart Studies in European Criminal Law

This collection looks at the protection of victims' rights in EU law. Taking a four-part approach, it firstly focuses on the Victims' Rights Directive and the proposal for a Directive on combating violence against women. It then explores victims' rights in the national laws of the Member States, including France, Germany, Hungary, the Netherlands, Romania, Lithuania and Ireland. Finally it analyses the main challenges in the field and the need for coherence between the different competing interests.

Assessment and Prospects

Stronger Victims’ Rights in EU Law?

This book project, arising from the Second Bucerius Conference on International Investment Law &amp; Arbitration (BCILA), aims to explore diverse methodological approaches to address challenges in investment law and arbitration.Featuring the work of emerging scholars and practitioners in the field, the book bridges the gap between academic analysis and legal practice in the field of investment arbitration. As a central pillar of international economic law, investment arbitration is extensively utilized worldwide. The book discusses the challenges of managing progressively intricate proceedings whilst investment arbitration undergoes intense public scrutiny amid fervent political discourse. It tackles investment arbitration's constant evolution and provides possible solutions in navigating this evolution.With both academic and practical applications, this book will be of interest to students, scholars and practitioners in international investment arbitration, public international and finance law.

Challenges in Investment Law

International Investment Arbitration

Oxford Studies in European Law

The Eurosceptic Mobilization of Constitutional Law

This book analyses the right to water and sanitation at both the international level and national levels. At a national level the book examines the law in India relating to both recognition and realisation of the rights. The book considers the complex legal framework in place at the union and state level for the realisation of the rights.

This book analyses the right to water and sanitation at both the international level and national levels. At a national level the book examines the law in India relating to both recognition and realisation of the rights. The book considers the complex legal framework in place at the union and state level for the realisation of the rights.

The Case of India

Realizing the Right to Water and Sanitation at the International and National Levels

Hart Studies in Security and Justice

This book examines the constitutional treatment of national security in the UK, Canada, Australia and New Zealand. These four states share their Commonwealth heritage and are members, alongside the USA, of the Five Eyes intelligence-sharing alliance. The book takes a comparative approach to the institutions through which, and tools with which, these four states seek to protect their national security against the threats of both terrorism and hostile state activity and how they have evolved over time. It identifies and examines the various specialised institutions, inside and outside of legislatures, which have grown up to oversee the exercise of public power for national security purposes while maintaining the required secrecy. It argues that the extent of the borrowing and sharing between these jurisdictions in the domain of national security, now and in the past, permits us to talk about a Commonwealth model of national security constitutionalism.

National Security Constitutionalism in the Commonwealth Five Eyes States

General International Law and the International Legal Order

Relational Normativity of International Law

The Consequences of Non-cooperation with the International Criminal Court

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