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This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Law of armed conflicts. Humanitarian law --- International law --- Human rights --- mensenrechten --- internationaal recht --- Africa
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The expression "transitional justice" emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. "This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly" (Joachim Gauck, German Federal President, 2012-2017).
Politics --- Legal theory and methods. Philosophy of law --- Comparative law --- International private law --- International law --- Human rights --- Criminal law. Criminal procedure --- Law --- History --- mensenrechten --- rechtsvergelijking --- filosofie --- geschiedenis --- politiek --- wereldpolitiek --- internationaal recht --- internationaal privaatrecht
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In November 2013, the South African-German Centre for Transnational Criminal Justice hosted a conference on Africa and the International Criminal Court, in Cape Town, South Africa. The theme of the Conference was the strained relationship between African states, represented by the African Union (AU), and the International Criminal Court (ICC). This relationship started promisingly but has been in crisis in recent years. This book sheds light on the present frictions between the AU, the ICC and the UN Security Council. Eminent experts in the field of international criminal justice, including judges and prosecutors of the ICC and other African judicial bodies, as well as international criminal law scholars, analyze and debate the achievements and shortcomings of interventions by the ICC in Africa. They propose ways in which international courts and domestic courts within and outside of Africa can cooperate and address fundamental issues of international criminal law, such as the implementation of the Rome Statute, deferrals of cases before the International Criminal Court and the prosecution of crimes by third states on the basis of universal jurisdiction. Researchers and practitioners in the field of international criminal law and related disciplines will benefit from the high-level experiences and proposals brought together in this volume. For students with a focus on criminal law and its international implications it is a source of information and challenges.
Law of armed conflicts. Humanitarian law --- International law --- recht --- internationaal recht --- International Criminal Court --- Africa
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