This book critically investigates Nordic criminal justice as a global role model. Not taking this role for granted, the chapters of the book analyze how Nordic approaches to criminal justice were folded into global contexts, and how patterns of promotion were built around perceptions that these approaches also had a particular value for other criminal justice systems. Specific actors, both internal and external to the region itself, have branded Nordic criminal justice as a form of 'penal exceptionalism' associated with human rights, universalistic welfare, and social cohesion. The book shows how building and using the brand of Nordic criminal justice allowed stakeholders to champion specific forms of crime control across a variety of criminal justice areas in both domestic and international settings. The book will be of interest to scholars and students of criminal justice, international law and justice, Nordic and Scandinavian studies, and more widely to the social sciences and humanities.

Interdisciplinary book constitutes the first major and comparative study of resilience focused on victims-/survivors of conflict-related sexual violence (CRSV). The book develops its own conceptual framework based on the idea of connectivity. Case studies from Bosnia-Herzegovina, Colombia and Uganda. Will appeal to scholars, researchers and policy makers working on CRSV and/or transitional justice.

This book argues that the expressivist justice model provides a meaningful foundation for the participation of victims in international criminal proceedings. Traditional criminal justice theories have tended to marginalise the role afforded to victims while informing the criminal procedures utilised by international criminal courts. As a result, giving content to, shaping, and enhancing victims' participatory rights have been some of the most debated issues in international criminal justice. This book contributes to this debate by advancing expressivism, which has the capacity to create a historical narrative of gross human rights violations, as a core of international criminal justice able to provide a worthwhile basis for the participation of victims in proceedings and clarifying the scope and content of their participatory rights. The work provides an in-depth discussion on issues related to victims' participatory rights from the perspective of international human rights law, victimology, and the philosophical foundation of international criminal justice. The book will be a valuable resource for researchers, academics, and policymakers working in the areas of international criminal justice, international human rights law, transitional justice, and conflict studies.

This book analyses how international criminal institutions, and their actors - legal counsels, judges, investigators, registrars - construct witness identity and memory. Filling an important gap within transitional justice scholarship, this conceptually led and empirically grounded interdisciplinary study takes the International Criminal Tribunal for Rwanda (ICTR) as a case study. It asks: How do legal witnesses of human rights violations contribute to memory production in transitional post-conflict societies? Witnessing at tribunals entails individuals externalising memories of violations. This is commonly construed within the transitional justice legal scholarship as an opportunity for individuals to ensure their memories are entered into an historical record. Yet this predominant understanding of witness testimony fails to comprehend the nature of memory. Memory construction entails fragments of individual and collective memories within a contestable and contingent framing of the past. Accordingly, the book challenges the claim that international criminal courts and tribunals are able to produce a collective memory of atrocities; as it maintains that witnessing must be understood as a contingent and multi-layered discursive process. Contributing to the specific analysis of witnessing and memory, but also to the broader field of transitional justice, this book will appeal to scholars and practitioners in these areas, as well as others in legal theory, global criminology, memory studies, international relations, and international human rights.

This book examines the way international criminal courts and tribunals have interpreted the crimes against humanity proscription of other inhumane acts. This clause is consistently used in spite of the long list of more specific offences forbidden as crimes against humanity. The volume proposes that the current approach is based on a misunderstanding of the nature of the clause. Properly understood, the clause is an invitation to courts to create and apply retroactive criminal laws. This leads to a problem. A prohibition on the use of retroactive criminal laws, one which admits no exceptions, is deeply embedded in international law. The author argues that it is time to revisit the assumption that retroactive criminal laws can never be deployed in a fair legal system. Drawing lessons from an exploration on the way the prohibition on retroactive laws is applied in practice, she proposes a new framework for understanding the clause proscribing the commission of other inhumane acts. This book will be of relevance to anyone interested in international criminal law or criminal law theory. Gillian MacNeil is Assistant Professor at Robson Hall, the Faculty of Law of the University of Manitoba in Winnipeg, Canada.

This book explores the unique social and environmental factors which influence soldiers to commit war crimes. With a focus on decision-making processes, this monograph provides a significant interdisciplinary analysis of how soldiers decide to follow the commands of their superior officers, even if that means acting illegally. Making the key distinction between normal civilian society and the shocking realities of war, the author facilitates the reader with a comprehensive understanding of what a front-line soldier faces in contemporary combat situations. Killing on Command presents the limits of the law in preventing the occurrence of war crimes. Realistic and practical measures for armed conflict, including the regulation and prevention of violence, and the just implementation of legal standards are all questioned and examined in depth. Given a current focus on the regulation of conduct in war, and the recent prosecution of soldiers, this book will be of particular interest to scholars in the fields of criminology and international relations, as well as policy-makers.

Grappling specifically with the norm of sovereignty as responsibility, the book seeks to advance a critical constructivist understanding of norm development in international society, as opposed to the conventional - or liberal - constructivist (mis)understanding that still dominates the debate. Against this backdrop, the book delves into the institutionalization of sovereignty as responsibility within the lived practice of the International Criminal Court (ICC). More to the point, the proposed exploration intends to revive questions about the power-laden nature of the normative fabric of international society, its dis-symmetries, and its outright hierarchies, in order to devise an original framework to operationalize research on how - institutional - practice impinges on norm development. To this end, the book resorts to an original creole vocabulary, which combines the contributions of post-positivist constructivist scholars with the legacy of key post-modernist thinkers such as Michel Foucault and Jacques Derrida, as well as critical approaches to International (Criminal) Law and Post-Colonial Studies. The book will appeal to scholars of international relations and international law, in addition to critical scholars more broadly, as well as to practitioners in the fields of human rights and international justice interested in normative theory and the implementation and contestation of international social norms.

This book offers an in-depth examination into genocide law by focusing on one of the lesser examined, yet practically significant, issues: the 'substantiality requirement'. This refers to the requirement in international law that intended destruction should be directed towards a 'substantial' part of a protected group in order for an atrocity to qualify as genocide. This comprehensive and detailed study draws connections between different judicial approaches to 'substantiality' and the varying theoretical presumptions about the constitutive concepts of the crime. This prima facia doctrinal problem is used as a springboard to scrutinise the broader theoretical problems underlying the legal conceptualisation of genocide. The book systematically explores how the individualistic and collectivistic conceptions of the crime have been able to co-exist in case law and how the different approaches to assessing substantiality have played a backdoor role between these two conceptions. The work demonstrates that these two philosophical standpoints are far from effectively representing the reality of the protected groups and fully explaining the harm inherent to group destruction. The book revisits the recent philosophical and sociological studies on the crime and, considering ideas from the emerging 'relational approaches to genocide', offers a third way to understand the existing legal representation of the crime and, consequently, the idea of 'substantiality'. It demonstrates the practical significance of its theoretical debates and applies its novel perspective through a case study on South Sudan. This book will be highly useful to students and scholars with an interest in genocide studies, international criminal law and legal theory. It will also be of interest to policymakers engaged with issues around genocide.

A lively narrative account of the first case to appear at the International Criminal Court, A Conviction in Question documents the trial of Union of Congolese Patriots leader and warlord, Thomas Lubanga Dyilo. Although Dyilo's crimes, including murder, rape, and the forcible conscription of child soldiers, were indisputable, legal wrangling and a clash of personalities caused the trial to be prolonged for an unprecedented six years. This book offers an accessible account of the rapid evolution of international law and the controversial trial at the foundation of the International Criminal Court. The first book to thoroughly examine Dyilo's trial, A Conviction in Question looks at the legal issues behind each of the trial's critical moments, including the participation of Dyilo's victims at the trial and the impact of witness protection. Through eye-witness observation and analysis, Jim Freedman shows that the trial suffered from all the problems associated with ordinary criminal law trials, and uses Dyilo's case to further comment on the role of international courts in a contemporary global context.

This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment. Building on existing scholarship on State responsibility for aid or assistance, this incisive book is the first to focus on how the complicity of international organizations in human rights and humanitarian law violations can be established. Through a re-examination of classic legal notions such as due diligence and effective control, and their application to the problem of UN responsibility for complicity, Dr. Magdalena Pacholska provides a pertinent analysis of the complex issues surrounding the UN's legal exposure for its activities in the field of peace and security. Legal advisers working for the UN and other international organizations, national Ministries of Defence, and courts with jurisdiction in this area, will find this book's insights both valuable and useful in practice. It will also be of interest to scholars and employees of NGOs with a focus on international humanitarian law and the accountability of international organizations.

Author is a recognised leading expert in the field of extradition, and has served as a judge in Special Chamber on International Criminal Cooperation in Criminal Matters of the District Court of Amsterdam. Offers a comprehensive overview of key topics in extradition law Comparative approach includes case studies from a wide range of jurisdictions to give students a sense of extradition law in context Extradition is an increasingly important topic as governments and law enforcement agencies seek to keep pace with rising transnational crime

This book explores a range of issues related to the development, application and enforcement of international criminal justice within Africa and on Africa. Written by experts from Africa, and adopting African perspectives, this book seeks to understand the scope and reach of these issues, nationally, regionally and globally. Africa's Role and Contribution to International Criminal Justice engages in theoretical and policy discourses on the substantive and procedural features of criminal law and justice in the African context. A range of topical issues are examined by the contributors, such as the ways in which African states have dealt with issues of universal jurisdiction and how victims are treated, as well as controversial questions concerning how courts function and should function in dealing with these issues. The ideas, themes, institutions, practices, concepts and patterns of convergence of criminal justice systems in Africa are also explored. This book aims to establish a greater understanding of international criminal justice and its relation to Africa, and beyond. Further, it seeks to expand the conversation beyond the narrow topics that are so commonly discussed when matters of African criminal justice are considered.

This book analyzes patterns and causes of state cooperation with the International Criminal Court. The work focuses on several African cases, including those against leading state officials, to dive into current debates about compliance with international law and resistance to international courts. The book, which draws on interview data collected in The Hague, Kenya, and South Africa, reveals the diversity of state behaviors ranging from full compliance and diplomatic support to partial compliance to resistance and exit. This redirects the widespread narrative about African resistance against the ICC to include evidence of continued Court support. It is argued that the degree of cooperation the Court receives is affected by a government's perceived costs and benefits of executing an ICC request: a cooperation request is considered high cost or low cost depending on the suspect's position, the type of action requested, and the government's domestic and regional policy objectives. In response, the Court has been careful not to alienate states further, thus highlighting that the Court is both above and below the state: having the power to charge individuals including state officials, but relying on governments-sometimes those from which suspects come-to take action on behalf of the Court against the same suspects. The book will be of interest to academics, researchers, and policymakers working in the areas of international law, human rights, international criminal justice, and international relations.

This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book will be essential reading for students, researchers and academics in International Criminal Law, Transitional Justice, History, Memory Studies and Political Science.

This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe, and it was then incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts, and see whether the definition in the 1948 convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments. As a valuable contribution to the debate on the significance, meaning and application of the crime of genocide the book will be essential reading for students and academics working in the areas of Legal History, International Criminal Law, Human Rights, and Genocide Studies. Chapter 12 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781003015222

Philosophy matters. This is the message of this highly original inquiry into the relationship between science and religion. It is only when we examine the intellectual presuppositions on which science and religion are based, with regard to such fundamentals as truth, objectivity, and realism, that we perceive the link between these two enterprises which are essential to any characterization of man. The book offers a lucid and enlightening account of the main movements in the philosophy of science in the twentieth century, and then proceeds to demonstrate their consequences for philosophy of religion. After examining the wide and all-pervasive influence of positivism, and its offspring relativism, in both science and theology, he suggests that the attempt to provide an alternative, made by Karl Popper, offers the most satisfactory way forward in man's twofold enquiry in terms of his relationship with God and with the world.

Providing detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged. The Research Handbook is extensive in scope, with chapters discussing the concepts, actors, mechanisms and practices of transitional justice. They address the challenges of implementing a range of transitional justice mechanisms, including methods of truth recovery, criminal trials and reparation and lustration programmes. Going a step further, this book also expands the gaze of transitional justice to include underexplored areas, such as art and transitional justice, media and transitional justice and unique international case studies, such as Cambodia and Palestine. Timely and thought provoking, the Research Handbook on Transitional Justice will be of interest to both scholars and students, particularly those working in the areas of transitional justice and peace-building. It will also prove a valuable reference tool for practitioners of transitional justice and international criminal justice, helping to inform best practice. Contributors: A. Breslin, B.C. Browne, A. Davidian, S. Dezalay, P.J. Dixon, A. Fichtelberg, L.E. Fletcher J. Gallen, T. Hadden, T.O. Hansen, C. Harwood, R. Hodzic, C.M. Horne, E. Kenney, R. Killean, C. Lawther, P. McAuliffe, F. Megret, L. Moffett, C. O'Rourke, J.R. Quinn, N. Roht-Arriaza, M. Schkolne, D.N. Sharp, L. Stan, D. Tolbert, C. Turner, R. Vagliano, H. van der Merwe, H.M. Weinstein

Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.

This volume seeks to start a revival of the field of disarmament law scholarship. Law is a fundamental component of disarmament, yet today, most perspectives on the wide range of disarmament issues that exist come primarily from political, diplomatic and public advocacy angles. The aim of this book is to revive the field of disarmament law building on earlier, important and still relevant contributions by international lawyers to the subject. The collection brings together international scholars on various aspects of disarmament. The contributions range across a variety of weapons types, adopt different approaches - doctrinal, historical and critical - to the issues being discussed and taken together, constitute a snapshot of the ideas, concerns and issues that currently occupy disarmament law scholars. The book will be essential reading for academics, researchers and policy-makers working in the area of disarmament.

Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law, ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. The service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series: http://www.annotatedleadingcases.com/about.aspx. Contributors: Manon Bax, Claire M.H. Boost, Michele Caianiello, Rebecca M. Heemskerk, Alexander Heinze, Michael J. Kelly, Andre Klip, Diletta Marchesi, Irene Milazzo, Luca Poltronieri Rossetti, Suzan van der Aa.

This book explores the emergence of an ius puniendi outside state criminal law and beyond international criminal law. The study connects with the reflections that have been made for some years in global law studies, showing how this trend also has a clear manifestation in the field of criminal law. The analysis begins by mapping out the different manifestations of this new global criminal regulation. This includes very diverse areas, ranging from judicial cooperation to the problems involved in the application of criminal sanctions in failed states, or investigations carried out on the internet. New sanctioning systems are also studied, such as the debarment regime of the World Bank or the sanctions in the hands of international sports federations. It is a question of discovering all criminal law - understood in a broad sense - that lies outside the confines of the state.

Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding, and development). Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions and covering critical, international, interdisciplinary, theoretical, and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field - or non-field. A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology.

This book deals with the problem of human trafficking in Tanzania in the light of international law and considers human trafficking as both a criminal offence in Tanzania and a human rights violation within international law in general. The book broadens the reader's understanding of the subject of human trafficking and Tanzania's legal approach to the issue and allows the reader to grasp Tanzania's anti-trafficking piecemeal efforts from the 1970s onwards, the reasons that made Tanzania ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and Tanzania's National Assembly's deliberations regarding the enactment of the Anti-Trafficking in Persons Act of 2008 and the impact those deliberations have had on the current legal framework of Tanzania. It provides a firsthand critical analysis of the Tanzania anti-trafficking law, pointing out its strengths, weaknesses and areas for improvement in a comprehensive manner such as has never been attempted before. The book shares many tips and even insights on how to read and apply Tanzania's 2015 Anti-Trafficking Regulations in relation to the main law harmoniously. It also offers complete instructions for common-law practitioners, court personnel, researchers and other anti-trafficking personnel on how to investigate and prosecute human trafficking, prevent trafficking, both lawfully and from occurring, as well as assist victims of human trafficking and protect their human rights. Nicksoni Filbert Kahimba is a doctoral researcher in the Faculty of Law of the Humboldt Universitat zu Berlin in Berlin, Germany. The author also lectures at the School of Law of the University of Dar es Salaam in Tanzania. Specific to this book: * Contains the only up-to-date critical analysis of the Tanzanian anti-trafficking law in light of international law. * Equips common-law practitioners, court personnel, researchers and other anti-trafficking personnel with basic principles on how to combat human trafficking effectively while also protecting the victims thereof. * Simplifies a complicated picture of human trafficking and its myriad aspects in respect to the Tanzanian anti-trafficking legal and institutional framework This is Volume 27 in the International Criminal Justice Series

Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the 'Rohingya', normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising 'universal jurisdiction' in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.

This book will be the first to consider the problem of juvenile piracy suspects under international law and in domestic legal systems.