Gerhard Werle, Lovell Fernandez, Moritz Vormbaum's Africa and the International Criminal Court PDF

By Gerhard Werle, Lovell Fernandez, Moritz Vormbaum

ISBN-10: 9462650284

ISBN-13: 9789462650282

ISBN-10: 9462650292

ISBN-13: 9789462650299

The publication offers with the debatable courting among African states, represented via the African Union, and the overseas felony courtroom. This dating all started promisingly yet has been in trouble lately. The overarching objective of the e-book is to investigate and talk about the achievements and shortcomings of interventions in Africa through the foreign legal courtroom in addition to to boost proposals for cooperation among overseas courts, family courts outdoors Africa and courts inside of Africa. For this objective, the e-book compiles contributions through practitioners of the overseas felony court docket and by means of position gamers of the judiciary of African international locations in addition to via educational experts.

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Politicization—This is more pronounced today than at any other time. But regardless of this, the Court is still the best place to be, especially for young professionals. 2. Length of proceedings—Admittedly the Court’s proceedings are lengthy, but the Court is presently looking into ways and means of expediting its processes, especially through the ‘‘lessons learned’’ exercise. This will also address the issue of diversity of or plurality of decisions that might lead to uncertainty. However, there have also been remarkable successes, chief among which so far is that the Court has produced solid jurisprudence and applies high professional standards.

28 The issue of disclosure is related to the procedural law of the International Criminal Court. Article 67(2) of the Rome Statute and Rule 77 of the Rules of Procedure and Evidence create the basic obligation that the Office of the Prosecutor must disclose exculpatory evidence and material in its possession or control to the defence. At the same time, Article 54(3)(e) provides that the prosecutor may decide not to disclose material obtained on condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents.

Windsor Yearb Access Justice 28:1–21 Schabas W (2010b) The International Criminal Court: a commentary on the Rome Statute. Oxford University Press, Oxford Triffterer O (2008) Article 27: irrelevance of official capacity. In: Triffterer O (ed) Commentary to the Rome Statute of the International Criminal Court, 2nd edn. Beck, Munich, pp 779 et seq Cases The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui, Appeals Chamber, Judgment on the Appeal of Mr Germain Katanga against the oral decision of Trial Chamber II of 12 June 2009 on the admissibility of the case, 25 September 2009, ICC-01/04-01/07-1497.

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Africa and the International Criminal Court by Gerhard Werle, Lovell Fernandez, Moritz Vormbaum

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