What is international criminal justice? The authors of this book set out a framework for understanding international criminal justice in all its facets. Considering both definition and content, the authors argue for its treatment as a holistic field of study, rather than a by-product of international criminal law. Adopting a multidisciplinary approach, this book draws on a range of legal and extra-legal disciplines. Whilst addressing crucial legal questions throughout, it also considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope in how we understand international criminal justice. Challenging many of the prevalent paradigms of thinking in this area, Gideon Boas and Pascale Chifflet explore whether it is possible to reconcile some of the enduring intellectual conflict, such as whether and how retributive and restorative approaches to justice can co-exist. Written by leading academics who themselves are also practitioners in the field, this unique work performs a significant role in defining and explaining international criminal justice, and as such will be important reading for scholars and practitioners, as well as providing an entry point for students in a classroom environment.

The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization. The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the harm principle and legal paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle - the utilitarian principle of criminalization.

This book situates Ghana's truth-telling process, which took place from 2002 to 2004, within the discourse on the effectiveness of the different mechanisms used by post-conflict and post-dictatorship societies to address gross human rights violations. The National Reconciliation Commission was the most comprehensive transitional justice mechanism employed during Ghana's transitional process in addition to amnesties, reparations and minimal institutional reforms. Due to a blanket amnesty that derailed all prospects of resorting to judicial mechanisms to address gross human rights violations, the commission was established as an alternative to prosecutions. Against this background, the author undertakes a holistic assessment of the National Reconciliation Commission's features, mandate, procedure and aftermath to ascertain the loopholes in Ghana's transitional process. She defines criteria for the assessment, which can be utilised with some modifications to assess the impact of other transitional justice mechanisms. Furthermore, she also reflects on the options and possible setbacks for future attempts to address the gaps in the mechanisms utilised. With a detailed account of the human rights violations perpetrated in Ghana from 1957 to 1993, this volume of the International Criminal Justice Series provides a useful insight into the factors that shape the outcomes of transitional justice processes. Given its combination of normative, comparative and empirical approaches, the book will be useful to academics, students, practitioners and policy makers by fostering their understanding of the implications of the different features of truth commissions, the methods for assessing transitional justice mechanisms, and the different factors to consider when designing mechanisms to address gross human rights violations in the aftermath of a conflict or dictatorship. Marian Yankson-Mensah is a Researcher and Project Officer at the International Nuremberg Principles Academy in Nuremberg, Germany.

Understanding International Law through Moot Courts: Genocide, Torture, Habeas Corpus, Chemical Weapons, and the Responsibility to Protect consists of five sets of opposing legal briefs and judge's decisions for five moot court cases held before the International Court of Justice and the International Criminal Court. Each moot court brief included in the book addresses contemporary controversies in international affairs; issues ranging from the application of the newly emerging Responsibility to Protect (R2P) doctrine, to the torture of detainees, to the derogation from international due process protections. These moot court briefs and case judgments help students formulate legal arguments that will be applicable to other similar cases. They also provide students with excellent sources of international and domestic law, as well as greater comprehension of topics ranging from jurisdictional disputes to matters of evidence. Chapter 1 of the book provides an overview of the book as well as instructions regarding the construction of a moot court. Chapter two, by George Andreopoulos discusses the interrelationship between human rights and international criminal law. Chapters 3 through 7 are the cases. The introduction to each chapter (and subsequently each case) lays out the facts of the case in question, discusses (where applicable) issues associated with the material and contextual elements of the crimes(s) in question, provides additional topics for classroom discussion, and also places the issues of contention between the parties within the broader context of foreign affairs and international relations. After each set of briefs and legal judgments is an appendix which includes an example moot court, as well as an appendix that includes a set of alterable facts that students and faculty could adopt to change the general legal argument of the particular case.

Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts - former judges on constitutional courts and international courts, and some of the world's leading criminal law, public law, and international law scholars - offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.

This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime - largely tackled by recent literature - it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation - based on automated processes (often using machine learning) - and new kinds of evidence, automatically generated by AI instruments. Drawing on the comprehensive case law of the European Court of Human Rights, it also presents reflections on the reliability and, ultimately, the admissibility of such evidence. Part three investigates the second application area: judicial decision-making, providing an unbiased review of the meaning, benefits, and possible long-term effects of 'predictive justice' in the criminal field. It highlights the prediction of both violent behaviour, or recidivism, and future court decisions, based on precedents. Touching on the foundations of common law and civil law traditions, the book offers insights into the usefulness of 'prediction' in criminal proceedings.

This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?

The book examines the phenomenon of crafting transnational policing. By this term is meant the different forms of engagement in policing reform by international donors, national governments, foreign police and law enforcement agencies in the domestic policing agencies and programs of recipient countries. It includes, inter alia, peace-keeping in post-conflict situations, reconstruction and capacity-building as part of nation- or state-building exercises, and the provision of technical assistance in relation to certain aspects of law enforcement. In each instance, there is a cross-border provision of resources with a view to shaping the kind of policing provided in recipient nations. Why do some countries engage in these activities? Why has policing become a preferred form of foreign policy engagement in some countries? What forms of policing development are provided? How are they delivered? And how are they received? How should these kinds of assistance and/or interventions be conducted in future? In this regard, is there a non-negotiable 'core' of good policing that needs to be developed and nurtured as an integral part of all defensible transnational policing engagements? These are some of the questions raised by the contributions to this book. The book arises primarily from papers presented at a workshop held in Onati, Spain in July 2004 on the emergence of a global constabulary ethic. The book has also been supplemented by two solicited chapters.

The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux preparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.

This book discusses the multilayered legal structures concerning the regulation of crimes under international law. It covers both core crimes and other types of crime under international law, and examines relevant substantive and procedural rules alike. Pursuing such a comprehensive approach is essential to understanding the basic frameworks of international criminal law, since the varied perspectives on international crimes are connected to different systems of enforcement. Being aware of this interrelatedness is conducive to an in-depth examination of individual topics in both substantive and procedural aspects. On the basis of such an inquiry, this book concisely provides a systematic overview of international criminal law.

Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal. The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law. The book is split into several parts for ease of reference: Fundamental concepts surrounding the international regulation of transnational crime. Procedures for international cooperation against alleged transnational criminals including jurisdiction, police cooperation, asset recovery and extradition. Substantive crimes covered by transnational criminal law analysing the current legal provisions for each crime. The implementation of transnational criminal law and the effectiveness of the system of transnational criminal law. With chapters from over 25 authorities in the field, this handbook will be an invaluable reference work for student and academics and for policy makers with an interest in transnational criminal law.

This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zurich.

This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children's rights.

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 130, Detention Under International Law: Safeguards Against Torture and Other Abuses, is the third in a three-volume arc on detention under international law. This volume provides an overview of the major documents and human rights judgments that address the treatment of the lawfully detained in times of peace and war. Professor Kristen Boon offers commentary on treaties, declarations, reports, and decisions from multinational and regional bodies and human rights courts that discuss the mistreatment of prisoners and enforced disappearances. This volume addresses the need to eradicate the abuse of alleged criminals in detention, including suspected terrorists, and the continued role of the United Nations, regional human rights systems, and local laws to define and eliminate these practices already prohibited by international law.

This book presents a general method that lawyers, prosecutors and judges can follows to assess the quality and scientific content of technical work done for an accident and crime scene reconstruction. Using multilevel sequence of events analysis allows all key events to be fully identified, which in turn assists judicial bodies in identifying where to assign specific criminal liability. Created from a concept long sought by the two authors (an engineer and an attorney), the method allows readers without any technical background to progress from an examination of evidence gathered at the scene of a complex accident and to reconstruct "beyond reasonable doubt" the events that took place. Once created and scientifically verified by the sequence of events analysis, the chain of key events serves as a reference source for various levels of complex organizations and inter-organization structures in cases involving complex criminal responsibilities.

In the aftermath of recent multiple leaks such as the Panama Papers, the Swiss leaks, the Lux leaks, and the Bahama leaks, this book offers an interesting view on the underlying conflicting interests that impede the adoption of more effective legislation to stop money laundering by way of the financial system. The central position of the book is that the declared goals underlying the criminalization of money laundering have not been fulfilled. The effectiveness of the anti-money laundering regime in Germany is assessed by examining the indirect effects, collateral consequences, and positive interpretations of the law in action and of the law inaction; reducing the issue to a question of symbolic effectiveness does not reflect the complexity of the matter. What is demonstrated, is that the goals attributed to the regime were too ambitious, and that a lower degree of effectiveness has been accepted in order to balance the inherent political, economic and financial conflicting interests. Unlike other volumes focusing on this issue, this book deals with the implementation of the legislation and the consequences thereof, and is primarily aimed at legal sociologists, sociology of law researchers, criminal lawyers, criminologists with an interest in white collar crime and political scientists studying measures against illicit financial flows and the concrete implementation of anti-money laundering laws. The book will be of interest to both international policymakers and consultants as well as their counterparts in Germany for instance working on improving the instruments to fight organized crime and prevent the financing of terrorism through money laundering. The complexity of the anti-money laundering regime and all the variables are exhaustively and critically reviewed in the assessment, thereby providing complete instructions for future legislative steps. The case study regarding the situation in Germany maximizes readers' insights into concrete effects of the implementation of international anti-money laundering standards at a national level, and the opinions of professionals working in the field and of experts on the law-making process are also illuminating. Moreover, the book equips non-German speakers with the information needed to deal with the extensive German legal scholarly production on article 261 of the German criminal code and the current internal political debate on the matter. Verena Zoppei is a Fellow Researcher at the International Security Division of the German Institute for International and Security Affairs in Berlin. Specific to this book: * Broadens your understanding of the complexity of the anti-money laundering regime * Provides complete instructions for future legislative steps * Offers a qualitative and multidisciplinary approach of the money laundering offence * Also equips non-German readers/speakers with a handle on the extensive German legal scholarly production on article 261 of the German criminal code This is Volume 12 in the International Criminal Justice Series

The dynamics of enforcing international criminal justice through the International Criminal Court (ICC) has become a challenging exercise in Africa. At times the uneasy relationship between the ICC, the African Union and a few influential African states has given rise to concerns about the future of international criminal justice in general, and in Africa in particular. Still, the enthusiasts for international criminal justice as enforced by the ICC, interpret the challenges that the ICC is encountering in Africa as part of the growing pains of a new institution in the international system. The distractors have already prepared the IC 's obituary. One of the criticisms levelled against the ICC, and which is the motivation for, and central theme behind, this book is that it has morphed and ceased to be an independent legal institution instead becoming a political tool utilised by politically powerful states in the West against their political opponents in Africa. More specifically the Court is alleged to be selectively enforcing international criminal law by merely officially opening investigations and prosecutions in Africa.Although this book recognises that selective implementation of criminal justice is acceptable both at the domestic and international level, it analyses the legal and political factors behind the Court 's focus on international crimes committed in Africa when there are other situations to which the court should potentially turn its attention, such as in Syria, Afghanistan or the Occupied Palestinian Territories. The book seeks to determine whether such a focus implies that Africa has the monopoly over international crimes or whether African victims or perpetrators are any different from those in the Middle East?In addition, the book attempts to uncover the basis and the validity of the African Union and some African states criticisms of the ICC.

This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.

This book focuses on the evolving relationship between China and the International Criminal Court (ICC). It examines the substantive issues that have restricted China's engagement with the ICC to date, and provides a comprehensive assessment of whether these Chinese concerns still constitute a significant impediment to China's accession to the ICC in the years to come. The book places the China-ICC relationship within the wider context of China's interactions with international judicial bodies, and uses the ICC as an example to reflect China's engagement with international institutions and global governance in general. It seeks to offer a thought-provoking resource to international law and international relations scholars, legal practitioners, government legal advisers, and policy-makers about the nature, scope, and consequences of the relationship between China and the ICC, as well as its impact on both global governance and order. This book is the first of its kind to explore China's engagement with the ICC primarily from a legal perspective.

This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law - State practice and opinio iuris - as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both "extensive and virtually uniform"?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the "law-creating processes" of public international law on the one hand, and the "law-determining agencies" as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?

This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the basis for a new approach to insanity in modern criminal law. The book covers the following aspects: the structure of the principle of fault in modern criminal law, the development of the insanity defense in criminal law, tangential in personam defenses in criminal law and their implications for insanity and the legal mechanism of reproduction of fault. The focus is on the Anglo-American and European-Continental legal systems. Given the attention consistently drawn by international and domestic events in this context, the book will be of interest to a broad and growing international audience.

The first edition of this book was published almost a decade ago to provide a comprehensive examination of the relationship between terrorism and public health. It also described what health professionals could do to mitigate the consequences of terrorist attacks and threats, and to address the underlying causes of terrorism. This completely revised second edition provides new information on emergency preparedness and response planning as well as lessons learned from responses to terrorist attacks in the United States and other countries. Expert scholars and practitioners of public health explore the historical roots of terrorism and address potential terrorist weapons and their control. They also explore in detail the adverse health consequences of the "war on terror," including the wars in Iraq and Afghanistan, other violations of human rights and civil liberties, diversion of resources, and the adverse impact on civil society organizations. Arguing for a more balanced approach to preparedness, the editors and contributors to this second edition describe challenges and opportunities for strengthening the public health system, protecting disaster rescue and recovery workers, and promoting domestic and international law related to terrorism. Features Offers a useful and up-to-date compendium for courses for public health students and health workers Presents a more balanced approach to public health preparedness, placing more emphasis on urgent public health problems Provides a valuable resource for public health workers and their agencies and organizations

This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.