The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.

Genocidal Gender and Sexual Violence tackles an important and highly topical issue. The author examines how the experiences of victims of genocidal gender and sexual violence have been addressed on a theoretical and practical level. This study investigates the contribution of feminist legal theories in naming and addressing gender and sexual violence. It questions the legacy of the ICTR and Rwanda's domestic judicial initiatives from the perspective of the complex realities of victims' experiences. The research central focus is the question whether the genocidal character of gender and sexual violence in the case of Rwanda has been theorised and judged as such. The author's training for Inyangamugayo - gacaca judges - contributes to a wider understanding of the complexity of victims' experiences. This complex reality is further elaborated on and explored practically through an analysis of the legacy of post-genocide judicial mechanisms for Rwanda in naming and condemning genocidal gender and sexual violence.

* Offers a user-friendly treatment of the intersection of code, statute, and case law that defines the law of crimes with critical, ethical, and moral emphasis on why certain conduct has been defined and deemed criminal by design * Written from a perspective honoring those entrusted with the many functions and processes related to the law of crimes * Uses a more Socratic method than the competitors by emphasizing the jurisprudential wisdom behind particular laws

This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor's independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor's discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor's choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?

Tackling one of the most confusing and controversial issues in the field of international criminal law - i.e., the genocidal intent element, this monograph seeks to develop an account of genocidal intent from a collectivist perspective. Drawing upon the two-layered structure of the crime of genocide composed of the 'conduct level' and 'context level', it detects the genocidal intent element at the 'context level'. The genocidal intent found in this manner belongs to a collective, which significantly departs from the prior individualistic understandings of the notion of genocidal intent. The author argues that the crime of genocide is not a 'crime of mens rea'. Collective genocidal intent at the 'context level' operates in a way that renders the crime of genocide itself a criminal enterprise. The idea of genocide as a criminal enterprise also suggests that genocide is a leadership crime in respect of which only the high-level actors can be labeled as principals (as opposed to accessories). The book criticizes the dominant individualistic approaches to genocidal intent (in particular: the knowledge-based approach) which have thus far governed the relevant jurisprudential and academic analysis. It further demonstrates that the hidden notion of 'collective genocide' silently governs the relevant international jurisprudence. Practitioners and academics in the field of international criminal law and related disciplines will find in this book a new approach to the crime of genocide. The text is the first-ever book-length exposition of a collective account of genocidal intent. Its accessibility is highly enhanced by relevant footnotes.Sangkul Kim is Lecturer at Korea University in Seoul and Research Fellow with the Centre for International Law Research and Policy (CILRAP).He served as Associate Legal Adviser at the Office of the Prosecutor of the International Criminal Court (2004-2008). He earned law degrees from Korea University and Georgetown University Law Center.

This book provides an in-depth examination of the judicial response at the internationalcriminal tribunals (ICTs) to the violation of procedural standards in thepre-trial phase of proceedings. It does so against the backdrop of the assumption thatcertain particularities of international criminal proceedings may warrant a differentapproach to the matter than at the national level. By reference to relevant human rights standards and to national criminal procedure,as well as to theoretical accounts of the judicial response to pre-trial procedural violations,this book assesses the ICTs' law and practice in this regard, thereby identifyingpoints of concern and making suggestions for improvement. In doing so, it considersthe most suitable rationale for responding to procedural violations committed in thepre-trial phase of international criminal proceedings and the merits of judicial discretionin this context, as well as the impact of certain particularities of such proceedingson the determination of how to address procedural violations. The book is intended for academics and practitioners in the field of (international)criminal law who want to gain a deeper understanding of the possible impact ofpre- trial procedural violations on criminal proceedings. Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at LeidenUniversity in The Netherlands.

This book is the first to map and critically analyse the legalisation of EU-Japan cooperation in criminal justice matters, charting the existing legal instruments which regulate cooperation in the fight against crime between European states and Japan. It examines which forms of cooperation are regulated by EU Law, and which are not, and takes stock through selected case studies of the functioning in practice of cooperation between the EU as an organisation, single European States and Japan. The book focuses particularly on police cooperation, exchange of electronic evidence, mutual legal assistance, extradition, transfer of prisoners and data exchanges. It looks at the EU-Japan MLA Agreement, the Europol-Japan National Police Agency Working Arrangement, the negotiations on a PNR Agreement, and the Council of Europe Convention for Transfer of Sentenced Persons; all instruments aimed at regulating cooperation against crime between European states and Japan. Finally, the book also looks at the implications for the fight against crime of the EU-Japan Economic Partnership Agreement, Strategic Partnership Agreement, and the European Commission Adequacy decision. This book will be of key interest to scholars and students of EU Criminal law, EU-Japan cooperation, Japanese studies, transnational crime, and more broadly to comparative criminal justice, International Relations and security studies. Chapter 1 and 9 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non-Commercial-No Derivatives 4.0 licence.

Plea bargaining avoids a lengthy and costly criminal trial and thus enables courts to deal with a large number of cases very quickly. While it has often been argued that modern criminal justice systems cannot afford to abolish plea bargaining, academics long have criticised it for undermining the rule of law by avoiding procedural safe-guards. This book analyses plea bargain in different families of law, and drawing on these findings ask to what extent this practice should be developed in international criminal law. The book analyses the relationship between values and practice in modern criminal justice systems through the example of plea bargaining comparing the development and practice of plea bargaining in different systems. The book sets out in-depth studies of consensual case dispositions in the UK, setting out how plea bargaining has developed and spread in England and Wales. It discusses in detail the problems that this practice poses for the rule of law as well as well as the principles of adversarial litigation. The book considers plea-bargaining in the USA as well as in the civil law German justice system. The book also draws on empirical research looking at the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied. The book then goes on to look at international criminal law and examine the use of informal negotiations in the International Criminal Tribunal for former Yugoslavia and the International Criminal Tribunal for Rwanda and the possible use in future cases of the International Criminal Court.

Since after the Second World War, the crime of aggression is - along with genocide, crimes against humanity and war crimes - a "core crime" under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the volume draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statutes substantive and procedural provisions pertaining to the exercise of the International Criminal Courts jurisdiction with respect to the crime of aggression, after 1 January 2017."

This book answers the question whether the passage of time precludes the prosecution of international crimes committed in the past. It focuses on core international crimes (genocide, crimes against humanity and war crimes), torture and the forced disappearance of persons. The (non-)applicability of statutory limitations with respect to crimes committed during the Second World War, former communist regimes in Eastern Europe and military junta regimes in Latin America is examined extensively from a legal as well as historical perspective. It contains an analysis of 192 UN Member States, the case law of more than 18 states, an extended overview of international instruments and documents, international case law, references to scholarly writings and activities of non-governmental organizations. An index, a table of cases and a list of international instruments and documents enhance the usability of this book. Ruth A. Kok carried out her research at the University of Amsterdam, and works presently as a Legal Officer at the International Crimes Section of the District Court in The Hague.

A non-democratic system of government is an important risk factor for the perpetration of atrocity crimes, meaning genocide, crimes against humanity, war crimes and ethnic cleansing. At the 2005 World Summit the international community accepted the responsibility to protect populations from these crimes when the domestic state is failing to do so. The implementation of the responsibility to protect, however, leaves much to be desired. This book studies the role dictators play in orchestrating mass atrocities and analyses their decision-making process when the international community tries to stop or mitigate the perpetration of these crimes. Through a comparative case study of Pol Pot and Slobodan Milosevic it argues that the role ideology plays in the decision-making process of the dictator is an important determinant of their responsiveness. In doing so, it challenges the common notion that all dictators are primarily motivated by retaining their position of power and argues that while dictators are frequently characterised as raging mad men, this is not necessarily always the case. It rather argues in favour of a more nuanced approach to rationality, that uses the work of Max Weber to acknowledge that different types of rationality exist, when analysing the decision-making process of dictators. The book is therefore an indispensable resource for scholars who are interested in the role of dictators in bringing forth and stopping mass atrocities and for anyone who wants more insight into the rationality of dictators.

The book summarizes the work of international criminal courts focusing on the political challenges faced by them. It is a practical, comprehensive manual on the origin and development of international criminal justice and includes the criminal tribunals of Nuremberg, Tokyo, Yugoslavia, Rwanda, East Timor, Sierra Leone, Cambodia, Lebanon, Iraq.

International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law. The book is split into four parts for ease of reference: * The Historical and Institutional Framework - Sets international criminal law firmly in context with individual chapters on the important developments and key institutions which have been established. * The Crimes - Identifies and analyses international crimes, including a chapter on aggression. * The Practice of International Tribunals - Focuses on topics relating to the practice and procedure of international criminal law. * Key Issues in International Criminal Law - Goes on to explore issues of importance such as universal jurisdiction, amnesties and international criminal law and human rights. Providing easy access to up-to-date and authoritative articles covering all key aspects of international criminal law, this book is an essential reference work for students, scholars and practitioners working in the field.

'Child Soldiers and the Lubanga Case' and 'The Tallinn Manual on the International Law Applicable to Cyber Warfare' are the two central themes of this volume. Each of these timely topics is addressed from three different angles, providing a truly comprehensive analysis of the subject. The book also features an article on the duty to investigate civilian casualties during armed conflict and its implementation in practice and an elaborate year in review, discussing developments that occurred in 2012. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

This book engages with international legal responses to the global environmental crisis.  Humanity faces a triple planetary crisis, consisting of the interlinked problems of climate change, depletion of biological diversity and pollution.The chapters in this volume of the Netherlands Yearbook of International Law address important questions of how and to what extent these environmental concerns have been integrated into international law, who or what drives these developments, and what all of this tells us about international law’s ability to tackle the challenges that a deteriorating environment brings for the future of life on Earth. The strength of the volume is that it brings together a wide range of perspectives on the ‘greening’ phenomenon in international law. It includes perspectives from international environmental law, human rights law, investment law, financial law, humanitarian law and criminal law. Moreover, it raises important questions regarding the validity of the predominant approach in international law to (the protection of) nature. By providing such a wide range of perspectives on international legal responses (or lack thereof) to the environmental crisis, the volume seeks to engage scholars and practitioners from a variety of disciplines. It invites readers to compare the state-of-the-art across disciplines and to reflect on ways to strengthen international law’s responses to the environmental crisis. Furthermore, as has become standard for the Netherlands Yearbook of International Law, the second part consists of a section on Dutch practice in international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law. Chapter 3 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court's strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute's provisions and its practical implementation through States' practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC's judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the crime that gave birth to international criminal law in Nuremberg, the crime of aggression has been sidelined. It has been incorporated into domestic law by fewer than 20 States since its definition was included in the ICC Statute in 2010. Furthermore, it was omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current jurisdictional inability of the International Criminal Court to respond to the Russian aggression of Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression. The volume starts by assessing whether there is an obligation to criminalize aggression domestically. Irrespective of such an obligation, there is a need for implementing the crime, underscored by the book's identified normative gaps under domestic law and jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition of Article 8bis of the ICC Statute into domestic law. It also questions how to specify the geographical ambit of domestic jurisdiction in compliance with international law, which includes the controversy about universal jurisdiction. Although it primarily deals with prescriptive jurisdiction, the book ends with the discussion of legal challenges, such as immunities, that arise when domestic courts apply the enacted laws against foreign aggressors. The volume is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of their interest contained within it. Dr. Annegret Hartig is Program Director of the Global Institute for the Prevention of Aggression and worked as a researcher at University of Hamburg where she obtained her doctoral degree in international criminal law.

This carefully regarded and well-structured handbook covers the broad range of norms, practices, policies, processes and institutional mechanisms of international criminal law, exploring how they operate and continue to develop in a variety of contexts. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. The Research Handbook on International Criminal Law will appeal to practitioners who may want to defend, or prosecute, international criminal law cases, and academics researching and writing on international criminal law. Graduate students studying international criminal law, international human rights or international humanitarian law as well as those studying international justice, international politics, international organization or public policy analysis, will also find this book invaluable. Contributors: K. Ambos, K.D. Askin, M.C. Bassiouni, B.S. Brown, J. Cerone, D.M. Crane, C. da Silva, M.M. deGuzman, M.A. Drumbl, M.S. Ellis, V.P. Nanda, S.M.H. Nouwen, F. Patel King, K. Peschke, N. Roht-Arriaza, W.A. Schabas, M.P. Scharf, D. Weissbrodt, K.K. Zinsmaster

The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.

Over more than three decades starting in the 1990s, thousands of robberies, acts of piracy, and other violent attacks against merchant vessels have been reported in many of the world's waters. The grave danger of piracy poses a direct threat not only to the security and efficiency of marine transportation, but more seriously, to the lives of the men and woman carrying out this important function. This book collates ideas brought up by seafarers, shipowners, industry practitioners, government officials, academics, and researchers exchanged views and insights on the complex web of underlying factors behind the phenomenon of piracy. Piracy at Sea brings together a wide spectrum of maritime stakeholders, who present different aspects of the problem in an open manner and share their thoughts on how to deal with a truly complex situation. It encapsulates this collective wisdom in a publication that can serve as an easy reference for practitioners as well as researchers, and hopefully contribute to more concrete action.

This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

EU enforcement agencies are on the rise, entrusted with investigating breaches of EU law. What are the implications for legal practice of their increasing prominence? This books explores this pertinent question from a comparative perspective. Looking at issues of accountability and legitimacy, it sets out the perimeters on the agencies. Moving beyond the constitutional realm, it examines procedural questions such as admissibility of evidence. Given the very real implications of the agencies' investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law.

Hague Academic Press, a T.M.C. Asser Press imprint

Children and young persons are increasingly being targeted for trafficking, sexual exploitation, recruitment as child soldiers, and other abuses. Children prove to be particularly vulnerable in situations of armed conflict, such as Darfur, the Democratic Republic of Congo, the Philippines, Nepal, and Colombia. A rich combination of practitioners (including ICC, ICTY and SCSL prosecutors) and academics explore to what extent international law instruments and international criminal accountability mechanisms are useful for countering violations of children's rights during and after armed conflicts. They also analyze to what extent the tendency of profiling children's rights much more strongly than before (mainly under the umbrella of the 1989 UN Convention on the Rights of the Child and in the form of child rights-based approaches) converges with the features of international criminal accountability mechanisms such as the International Criminal Court, the Yugoslavia and Rwanda Tribunals, and the Special Court for Sierra Leone.

This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril's work special, was her strong commitment with the human aspects throughout. Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril's expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.