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Victims' Rights and Advocacy at the International Criminal Court

Victims' Rights and Advocacy at the International Criminal Court

  • 作者:
  • 出版商: Oxford University Press USA
  • ISBN: 9780199737475
  • 出版时间 April 2010
  • 规格: Hardback , 480 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 作者 
  • 评论
  • 详细

    • The first in-depth analysis of the important, complex, under-examined role of victims at the ICC.
    • Combines international justice theory with a practical discussion of ICC practice, procedure, and evidentiary rules.
    • T. Markus Funk discusses current practice and ses extensive citation to authority in presenting proposals for reform.
    • Includes a primer on why the ICC was established and how it's structured, financed, and operated.

    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.

    Readership: Law schools, legal scholars, and government agencies such as the defense and justice departments. Attorneys, clerks, and judges involved with the ICC.

  • T. Markus Funk for the past decade has served as a federal prosecutor in Chicago, Illinois, where he currently is part of the Organized Crime and Public Corruption Section of the United States Attorney's Office. In 2008, Mr. Funk received the United States Department of Justice's Attorney General's Award (the "John Marshall Award"), the Department's highest trial performance distinction. Mr. Funk received the award for his role in the prosecution of the landmark mob-murder racketeering conspiracy known as "Operation Family Secrets." 

    From 2004 -2006, Mr. Funk served as the Department of Justice Resident Legal Advisor for Kosovo. In that capacity, he provided among other things, training and advice to international war crimes judges, defense attorneys, victim advocates, investigators, and prosecutors throughout the Balkans. During this time, Mr. Funk published the Kosovo Trial Skills Handbook, which remains the most cited source in Kosovo's Compilation of Applicable Criminal Laws. 

    For his service abroad, the United States Department of State awarded Mr. Funk the Superior Honor Award. After returning to the United States, Mr. Funk was appointed Co-Chair of the American Bar Association's Human Trafficking and Organized Crime Committee. 

    Prior to joining the Department of Justice, Mr. Funk spent two years as a Lecturer in Criminal Law at Oxford University (St. Catherine's College), and was a law clerk to the Honorable Morris S. Arnold, United States Court of Appeals for the 8th Circuit, and the Honorable Catherine D. Perry, United States District Court, St. Louis, Missouri. 

    In addition to teaching at Oxford University, Mr. Funk has taught at the University of Chicago School of Law, Northwestern University School of Law, the University of Pristina (Kosovo), the University of Arkansas at Little Rock Law School, Loyola University of Chicago, and the United States Department of Justice's National Advocacy Center.

  • "Markus Funk has written the 'must-read' book for all lawyers and judges who practice in the International Criminal Court and for the entire academy of international criminal lawyers. The practice and jurisprudence of victims' rights have grown so rapidly that Mr. Funk's book is an essential tool in the courtroom. Victims' Rights and Advocacy at the International Criminal Court meets the critical need for a detailed and comprehensive guidebook for the representation of victims. International justice is well-served by this path-breaking book." 
    - Ambassador David Scheffer, U.S. Ambassador-at-Large for War Crimes Issues (1997-2001); Leader of the U.S. Negotiating Team in United Nations talks on the International Criminal Court; Director, Northwestern University's Center for International Human Rights. 
     

    "This intelligent book discusses a topical issue with vivacity. It puts forward a number of thoughtful and constructive proposals for ameliorating the victims' rights in the international criminal system." 
    - Judge Antonio Cassese, First President of the United Nations International Criminal Tribunal for the Former Yugoslavia; Chairman of the UN International Commission of Inquiry on Darfur; Current President, UN Special Tribunal for Lebanon; Professor of International Law, University of Florence. 
     

    "Victims' Rights and Advocacy at the International Criminal Court is the first in-depth treatment of the most contemporary topics in international criminal justice, namely, the International Criminal Court and victims' participation in international criminal proceedings. Mr. Funk's insightful and first-of-its-kind book is perfectly-timed to provide critical guidance to practitioners and academics alike. In so doing, the book effectively challenges some of the preconceptions observers have had about the roles played by victims and their representatives." 
    - Professor M. Cherif Bassiouni, 1998 Chairperson of the Drafting Committee of the U.N.'s Diplomatic Conference on the Establishment of the ICC; President, DePaul University International Human Rights Law Institute. 
     

    "Victims' Rights and Advocacy at the International Criminal Court combines a keen historical appreciation of the victims' rights movement with a detailed practical knowledge of how victims' representatives can most effectively serve their clients, the court, and the general cause of justice. This volume is indispensable for those wishing to understand how the court has integrated victims into their processes and the directions in which the role of victims in these processes is likely to develop." 
    - Judge Morris S. Arnold, United States Court of Appeals for the Eighth Circuit; former university vice president and professor at the University of Pennsylvania Law School; former Dean of the University of Indiana School of Law. 
     

    "Mr. Funk's book provides a perfectly candid, and at times quite disheartening, assessment of the ICC's shortcomings, while also acknowledging its strengths. Providing a roadmap to reform and the establishment of a more 'professionalized' Court, Mr. Funk's book succeeds entirely in its bold effort to marry the theory of victims' rights with the practice of victim representation." 
    - Justice Enver Hasani, President of the Kosovo Constitutional Court. 
     

    "[Mr. Funk's book] is a very meticulous, detailed, and methodical handbook for the victims' representatives. Mr. Funk establishes the basis for a thorough and meticulous vade-mecum that every victim representative at the ICC will want to have within easy reach." 
    - Prof. Pierre-Michel Fontaine, Former Chief of the UN High Commissioner for Refugees' Promotion of Refugee Law Section. 
     

    "As T. Markus Funk in this groundbreaking book illustrates so compellingly, the broad crimes punishable by international criminal law generate a disturbing number of real flesh-and-blood victims. . . . This book in the end leads to a dramatically-improved comprehension of victims' rights by significantly advancing the debate on victims' participation within the framework of the Rome Statute, and by enhancing our shared understanding of how to most effectively and responsively address victims' needs, as well as their interest in participating in the proceedings." 
    - Paolina Massidda, Principal Counsel of the International Criminal Court's Office of Public Counsel for Victims 

    "[B]ecause of its clearness, pragmatism and facile structure, it is easy to imagine Funk's book becoming very soon a 'must-have' on the desks of practitioners working on victims' participation and victims' rights at the international level." 
    -Valentina Spiga, Book Review, Oxford Journal of International Criminal Justice 

    "Funk's primer on how best to represent victims is seasoned with ICC case law and meaningful insights that all ICC victim advocates need to know in order to be effective...T. Markus Funk's Victims' Rights and Advocacy at the International Criminal Court is a valuable read and resource for those who care about international justice." 
    - Prof. Juliet Sorensen, Book Review, Journal of Criminal Law & Criminology (2010).

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