The International Criminal Court An Introduction
This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted i
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The International Criminal Court An Introduction
The International Criminal Court
Andrew Novak
The International Criminal Court An Introduction
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Andrew Novak Criminology, Law, and Society George Mason University Fairfax, VA USA
ISBN 978-3-319-15831-0 ISBN 978-3-319-15832-7 (eBook) DOI 10.1007/978-3-319-15832-7 Library of Congress Control Number: 2015933822 Springer Cham Heidelberg New York Dordrecht London © Springer International Publishing Switzerland 2015 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www.springer.com)
Preface
Never in history has a single criminal tribunal had potential jurisdiction over the entirety of the world’s population, at least in theory. Students of comparative criminal justice will find that the International Criminal Court is a dramatic and unprecedented experiment in international criminal justice, one that differs in marked ways from domestic legal systems or even prior international tribunals. The Court is a negotiated compromise among the nations of the world, and therefore combines characteristics of different legal traditions. Adopting the generally adversarial system of the common law world, for instance, the Court has a comprehensive legal aid scheme and strict due process protections for defendants. At the same time, the Court’s criminal procedure includes significant inquisitorial components, characteristic of the civil law world, such as judicial involvement in early pre-trial proceedings and rulings by panels of judges rather than a jury. The Court also incorporates elements drawn from the restorative or transitional justice movement, such as the participation of and reparations for victims of mass atrocity. More than just a hybrid of domestic systems, the International Criminal Court possesses attributes unique to the grave crimes that it prosecutes and its rather unusual jurisdictional limitation
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