Publication details
Mezinárodní trestní soud (2005-2017)
| Title in English | International Criminal Court (2005-2017) |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Monograph |
| Citation | |
| Description | The International Criminal Court (ICC) celebrated its 15th anniversary in 2017. Presented text is the first comprehensive study on practice of this premier potentially universal international criminal tribunal written in the Czech language. Text is divided into two main parts. The first part presents systematic analysis of the law and practice of the ICC. Attention is given to situations currently considered before the ICC, including strategies on selections of situations and cases, and alleged bias of the Court against Africa. Next chapters analyze jurisdiction of the ICC, admissibility of the proceedings before the ICC, including its central component – the principle of complementarity, course of proceedings before the ICC, position of victims before the ICC, and finally cooperation regime of the ICC. In the second part, the focus is given to various issues which are symptomatic for early practice of the ICC and which attracted particular attention among scholars. In the second part, the methodology of law- finding is analyzed in details, including hierarchy of sources of law applicable before the ICC and its interpretation. Special emphasis is put on the position of judicial decisions rendered by the legal predecessors of the ICC (i.e. the ad hoc international criminal tribunals) and the ICC itself, and the position of internationally recognized human rights law, which dominates interpretation of any source of law applicable before the ICC, including the Rome Statute. The second chapter presents issues which are controversial and produced mixed reactions both among State-Parties and scholars. It concerns among else the issue of jurisdiction of the Court over the incumbent president of Sudan, Omar Al-Bashir, the issue of violation of human rights of the accused at domestic level and its relevance for admissibility of the proceedings before the ICC, the issue of definition of war crimes, or the issue of special form of responsibility (so called indirect co-perpetration) elaborated by the ICC. The text is concluded by study related to assessment of the effectiveness of the ICC. The book is intended to serve to anybody who is professionally interested in progressive development in discipline of international criminal law. It might be used as a study support at law faculties and departments of political science and international relations in the Czech Republic and Slovakia. At the same time, it might serve as practical vademecum for practitioners at domestic institutions which are responsible for agenda of the International Criminal Court. |