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Download T. Markus Funk - Victims' Rights and Advocacy at the International Criminal Court EPUB

9780199737475
English

0199737479
Victims' Rights and Advocacy at the International Criminal Court explores the unique and vital role played by victims in cases before the ICC. Author T. Markus Funk draws on his experience in international criminal law to show how the ICC has developed procedural rights and other rules for the parts of ICC proceedings devoted to victims. To set the stage for that analysis, Funk first provides a background history on the ICC's creation and on the Rome Statute's development. This background detail helps the reader answer a number of key questions: How does the ICC compare to its predecessor ad hoc tribunals? What are the legal, theoretical, and political pillars on which the ICC is built? What are the upsides and downsides for sovereign nations considering participation in the ICC? Funk then moves beyond that legal background to propose reforms that would help the ICC fulfill its mission of redressing past atrocities while preserving victims' rights. Featuring a foreword by Paolina Massidda, Principal Counsel of the Office of Public Counsel for Victims at the International Criminal Court, Victims' Rights and Advocacy at the International Criminal Court equips lawyers, victim advocates, academics, government officials, and other decision-makers with a thorough understanding of the promises and potential pitfalls of victim advocacy at the ICC. In addition to discussing the foundation of victims' rights under international law, as well as the history and purpose of the ICC, the book examines the ICC's rules of procedure, rules of evidence, and other practical issues impacting daily litigation practice at the Court., Victims' Rights and Advocacy at the International Criminal Court is the first detailed analysis of the newly-recognized right of victims to participate in the trials of their accused abusers. Author T. Markus Funk draws on his extensive background in international criminal law and litigation to walk the reader through this unique - and, indeed, controversial - body of procedural and substantive rights for victims of atrocity crimes. To set the stage for his analysis, Mr. Funk provides a historical account of the ICC's creation and the origins of victims' rights. In addition, Mr. Funk gives the reader practical guidance on what it takes to litigate cases before the Court. This background, in turn, allows the reader to work through a number of key questions: How does the ICC function and how is it structured? What are the legal, theoretical, and political pillars upon which the ICC is built? What is the proper role for victims in atrocity crimes litigation? How successfully has the ICC lived up to its promises to victims? How does one become an ICC victim representative, prosecutor, or judge, and what does it take to fulfill the mandate of these positions? What are the costs and benefits sovereign nations must weigh before joining the ICC? What institutional flaws have kept the ICC, as well as other predecessor ad hoc tribunals, from meeting the weighty expectations they have set for themselves and the world community? In addition to addressing these key issues, Mr. Funk proposes concrete reforms to help the ICC fulfill its mission of effectively redressing past atrocities, while preserving the rights of both victims and the accused. The book also presents a detailed explanation of the ICC's rules of procedure and evidence and other practical issues impacting the Court's daily litigation practice. Featuring a foreword by Paolina Massidda, Principal Counsel of the Office of Public Counsel for Victims at the International Criminal Court, Victims' Rights and Advocacy at the International Criminal Court equips lawyers, victim advocates, academics, government officials, and other interested Court observers and decision-makers with a thorough understanding of the promises and potential pitfalls of victim advocacy, and, indeed, advocacy in general, at the ICC. The book, therefore, is an indispensable guide to anyone interested in this new, important and constantly-evolving juridical body., Victims' Rights and Advocacy at the International Criminal Court undertakes the first detailed exploration of the unique role played by atrocity crimes victims in cases before the ICC. The ICC in fact guarantees to victims the historic right to participate in the actual proceedings before this first, and only, permanent international court of criminal justice. Author T. Markus Funk draws on his experience in international criminal law to show how the ICC has developed its bespoke - and,indeed, controversial - mix of procedural and substantive rights for victims of atrocity crimes. To set the stage for his analysis, Mr. Funk first provides a background history on the ICC's creation, traces the origin of victims' rights, and gives the reader a practical understanding of what it takes to litigate a case before the Court. This background, in turn, allows the reader answer a number of key questions: How does the ICC function? What are the legal, theoretical, and political pillars on which the ICC is built? What is the proper role for victims in atrocity crimes litigation? How well have the Court's promises to victims matched up with its actual performance? What are the upsides and downsides sovereign nations must weigh before joining the ICC? What does an ICC victim representative, prosecutor, legal officer, or judge actually do? What institutional flaws have kept the ICC, as well as the predecessor ad hoc tribunals, from living up to the expectations they have set for themselves and for the world community? Mr. Funk then moves beyond this legal background to propose concrete reforms to help the ICC fulfill its mission of efficiently redressing past atrocities, while concurrently preserving the rights of victims and the accused. In addition to discussing the foundation of victims' rights under international law, as well as the history and purpose of the ICC, the book examines the ICC's rules of procedure, rules of evidence, and other practical issues impacting the Court's daily litigation practice. Featuring a foreword by Paolina Massidda, Principal Counsel of the Office of Public Counsel for Victims at the International Criminal Court, Victims' Rights and Advocacy at the International Criminal Court equips lawyers, victim advocates, academics, government officials, and other interested Court observers and decision-makers with a thorough understanding of the promises and potential pitfalls of victim advocacy, and indeed advocacy in general, at the ICC. The book, therefore, is an indispensable guide to anyone interested in this important, and ever-evolving, permanent juridical body.

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