Scholars and practitioners working in 'transitional justice' are concerned with remedies of accountability and redress in the aftermath of conflict and state repression. Transitional justice, it is argued, provides recognition of the rights of victims, promotes civic trust, and strengthens the democratic rule of law. As serious scholarship flourishes around this critical concept as never before, this new collection from Routledge meets the need for an authoritative reference work to map a vibrant site of research and reflection. In four volumes, Transitional Justice is an accessible database which brings together foundational and the best and most influential cutting-edge materials, including key works produced before the term 'transitional justice' gained wide currency but which anticipate approaches now included under that rubric. The collection covers themes such as: truth and history; acknowledgement, reconciliation, and forgiveness; retribution, restorative justice and reparations; and democracy, state-building, identity, and civil society. Fully indexed and with a comprehensive introduction, newly written by the editors, Transitional Justice is an essential work of reference.

Attempts to try individuals such as Slobodan Milosevic and Saddam Hussein for international crimes and the creation of the International Criminal Court highlight the growing currency and importance of international criminal law as a discipline in its own right. Contemporary importance and academic interest in the subject is rapidly eclipsing that in the more mainstream discipline of human rights. For practitioners, scholars and students of international criminal law (ICL), this unique collection provides access to the core international instruments in one convenient volume. Containing seventy-nine principal documents on ICL dating from 1919 to 2005, this user-friendly book organizes the documents around generally recognised categories of international crimes, such as war crimes, crimes against humanity and terrorism. It also includes constitutive instruments of the most important international, domestic and hybrid tribunals, including the Statute of the International Criminal Court, its rules of procedure and elements of crimes. Principal international and regional instruments which deal with the facilitation of a truly international system of criminal justice, in the form of extradition and mutual assistance are also included. Each document has been carefully edited to present information that is directly relevant to international criminal law while all extraneous material has been excluded. Most importantly, each extract has its own introduction which provides the reader with official citations, parties, date of entry into force, an outline of the legislative history, links to related documents and a brief commentary analyzing and contextualizing the principal provisions.

1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg ("IMT"). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia ("ICTY") and the International Criminal Tribunal for Rwanda ("ICTR") in the 1990's and most recently the International Criminal Court ("ICC"). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these 'challenging - pects' can also be described as a 'pertinent issue' of the concept of individual criminal responsibility for core international crimes.

Human trafficking is consistently featured on the global political agenda. This book examines the trafficking of adult female victims for sexual exploitation, and specifically the understanding of consent and its influence in the identification and treatment of trafficking victims. Jessica Elliott argues that when applied to situations of human trafficking, migration and sexual exploitation, the notion of consent presents problems which current international laws are unable to address. Establishing the presence of 'coercion' and a lack of consent can be highly problematic, particularly in situations of human trafficking and exploitative prostitution; activities which may be deemed inherently coercive and problematically clandestine. By examining legal definitions of human trafficking in international instruments and their domestic implementation in different countries, the book explores victimhood in the context of exploitative migration, and argues that no clear line can be drawn between those who have been smuggled, trafficked, or 'consensually trafficked' into a situation of exploitation. The book will be great use and interest to students and researchers of migration law, transnational criminal law, and gender studies.

In 1993, the United Nations Security Council set up an ad hoc tribunal to bring to trial those accused of the worst breaches of humanitarian law in the war-torn former Yugoslavia, thus setting in motion a process which has significantly raised the profile and importance of international criminal justice. Whether through a proliferation of international criminal courts and tribunals, or by the many pronouncements in domestic courts on international crimes, the patchwork of disparate rules, principles, conventions, and treaties is now taking discernible shape, and a distinct corpus of law operating across diverse cultures and varied legal traditions is rapidly emerging. Responding to these momentous developments, this new title from Routledge's Major Works series, Critical Concepts in Law, addresses the acute need for an authoritative reference work that traces the evolution of the emerging discipline of international criminal law. The learned editors aver that now is the time to take stock and make some sense of the subject's dauntingly vast literature, to identify a canon, and to engage with its key concepts. Selected by Antonio Cassese, the first President of the Yugoslavia Tribunal and the author of some of the most influential books on the subject, and a small team of noted scholars, this new four-volume collection assembles the best scholarship from the time of Nuremberg and Tokyo to the present day. The volume editors have realized an ambitious aim. Not only does International Criminal Law bring together ground-breaking material sourced from a wide range of academic journals, edited collections, textbooks, and monographs, many of which are now hard to obtain, the editors also illuminate the much broader-and fundamental-issues related to impunity, guilt, restitution, and social reconciliation. With a full index and a comprehensive introduction, International Criminal Law is an essential, authoritative, and accessible work of reference for scholar, student, and practitioner alike.

Volume 117 of Terrorism: Commentary on Security Documents, Al Qaeda, the Taliban, and Conflict in Afghanistan, includes recent documents relating to the conflict in Afghanistan against the Taliban and its foreign allies. The volume addresses components of the new approach of integrating political and military strategies to improve Western approaches in the region. The first section of the volume includes documents generated by the North American Treaty Organization. These documents focus on the concept of counter-insurgency as a new approach to war-making. The second section focuses on documents issued by the United Nations: those describing the political side of the military conflict, the human rights situation, and the socio-economic dimension of international efforts. The third section portrays the European Union's role in Afghanistan. The final section includes an overview of recent political and military developments. This collection of documents provides a comprehensive documentary overview of strategies in Afghanistan as of early 2010.

In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism. The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters-for example calling for the humanisation of the security discourse-and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered. This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics-through further theorisation on the sometimes elusive but important concepts of human dignity and human security-but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even-or in fact: especially-in times of terrorism. Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.

Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice-an emotional response to competing interpretations of justice-to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC's all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC's mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

Plea bargaining is one of the most important and most discussed issues in modern criminal procedure law. Based on historical and comparative legal research, the author has analysed the wide-spread use of plea bargaining in different criminal justice systems. The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of 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. Drawing on her research findings, the author goes on to discuss the extent to which plea bargaining should be developed in the International Criminal Court in The Hague, as the question of this practise is set to be one of the seminal debates in the development of international criminal procedures in the new International Criminal Court. Plea Bargaining in National and International Law will be of particular interest to academics and students of international criminal law, criminal procedures and comparative 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

Financial crime affects virtually all areas of public policy and is increasingly transnational. The essays in this volume address both the theoretical and policy issues arising from financial crime and feature a wide variety of case studies, and cover topics such as state revenue collection, criminal enterprises, money laundering, the use of new technologies and methods in financial crime, corruption, terrorism, proliferation of WMD, sanctions, third-world debt, procurement, telecommunications, cyberspace, the defense industry and intellectual property. Taken together, these essays form a must-read collection for scholars and students in law, finance and criminology.

This selection of influential articles traces our evolving understanding of transnational organized crime - paradigm shifts - from the 'alien conspiracy' focused research to the more nuanced focused scholarship on 'markets' and 'networks', culminating in a focus on 'enablers' of transnational crimes and evaluations of 'harm' from transnational crimes. The selected essays and articles reflect the way in which politics, economics and social factors have impacted on scholarly thinking and the introduction also highlights the many authors and professionals who have been influential in this field. This volume is an essential 'one-stop' resource for lecturers and students interested in all aspects of transnational organized crime.

Over the last quarter of a century a new system of global criminal justice has emerged; national judges have become bolder in prosecuting crimes committed abroad, special tribunals have been able to target national leaders as well as their henchmen, and a permanent International Criminal Court has been established. But how successful have these ambitious transformations been? Have they ushered in a new era of cosmopolitan justice or are the old principles of victors justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice - focusing on the trials of some of the world s most notorious war criminals, including Augusto Pinochet, Slobodan Milo evi , Radovan Karad i , Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?

Southeast Asian waters are critical for international trade and the global economy. Combating maritime crimes has always been a priority as well as a challenge for ASEAN member states. While much emphasis has been placed on enhancing operational cooperation against maritime crimes, the need for an effective legal framework to combat such maritime crimes has not been sufficiently examined. This book demonstrates that ASEAN member states can establish a legal framework to combat maritime crimes by ratifying and effectively implementing relevant global and regional conventions. It also explores the issues that ASEAN member states, and ASEAN as an organization, face in establishing such a framework and suggests suitable steps that can be taken to address such issues. This informative and detailed study will inform research and policy, and will appeal to government, treaty and policy officials, academics, researchers and students, as well as international and regional organizations concerned with piracy and other related maritime crimes, ocean affairs and the law of the sea. Contributors: R.C. Beckman, W.L. Cheah, M.F.A. Ibanez, M. Jacobsson, N. Passas, J.A. Roach, C. Termsak, A. Twyman-Ghoshal, K. von Hoesslin

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.

This book discusses the evolving principle of transitional justice in public international law and international relations from the female perspective at a time when the concept is increasingly recognised by the international community as an effective framework in which to negotiate and manage a community's post-conflict transition to peace and stability. The book adopts a gender lens with a particular focus on women's direct experiences and perceptions either as intended beneficiaries of transitional justice (TJ), protagonists in that process or as practitioners, in order to present a unique view in relation to the development of TJ. The range of experiences and knowledge in this collection provides a fresh and unique perspective through its blend of theory and practice. This book will be of particular interest to students and scholars of law, political science and gender studies.

Britain s Hidden Role in the Rwandan Genocide examines the role of the United Kingdom as a global elite bystander to the crime of genocide, and its complicity, in violation of international criminal laws during the Rwandan genocide of 1994. As prevailing accounts confine themselves to the role and actions of the United States and the United Nations, the full picture of Rwanda s genocide has yet to be revealed. Hazel Cameron demonstrates that it is the unravelling of the criminal role and actions of the British that illuminates a more detailed answer to the question of why the genocide in Rwanda occurred. In this book, she provides a systematic and detailed analysis of the policies of the British Government towards civil unrest in Rwanda throughout the 1990s that culminated in genocide. Utilising documentary evidence obtained as a result of Freedom of Information requests to the Foreign and Commonwealth Office, as well as material obtained through extensive interviews - with British government cabinet members, diplomats, Ambassadors to the United Nations Security Council, prisoners in Rwanda convicted of being leaders and organisers of genocide, and victims and survivors of genocide in Rwanda the author finds that the actions of the British and French governments, both before and during the Rwandan genocide of 1994, were disassociated from human rights norms. It is suggested herein that the decision-making of the Major government during the period of 1990 1994 was for the advancement of the interrelated goals of maintaining power status and ensuring economic interests in key areas of Africa.

This account of the legal culpability of the powerful within the corridors of government, in both London and Paris, shows that these behaviours cannot be conceptualised under existing notions of state crime. This book serves to illuminate the inadequacies and limitations of a concept of state crime in international law as it currently stands, and will be of considerable interest to anyone concerned with the misuse of state power.

This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.

This collection focuses on media representations of Amanda Knox and Raffaele Sollecito, defendants in the Meredith Kercher murder case. Adopting a multidisciplinary approach, encompassing criminology, socio-legal analysis, critical discourse studies, cultural studies and celebrity studies, the book analyses how this case was narrated in the media and why Knox emerged as the main protagonist. The case was one of the first transmedia crime stories, shaped and influenced by its circulation between a variety of media platforms. The chapters show how the new media landscape impacts on the way in which different stakeholders, from suspects and victims' families to journalists and the general public, are engaging with criminal justice. While traditional news media played a significant role in the construction of innocence and guilt, social media offered users a worldwide forum to talk back in a way that both amplified and challenged the dominant media narrative biased in favour of a presumption of guilt. This book begins with a new and original foreword written by Yvonne Jewkes, University of Brighton, UK.

This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.

The realities of international law enforcement are widely misunderstood and generally mystifying to the uninitiated. Combating cross border crime is a dynamic aspect of criminal justice that is becoming increasingly complex and directly relevant to national and local level policing. Unfortunately, most practitioners and policy-makers are unaware of the challenges involved in investigating and prosecuting criminals across frontiers. Professional experience of combating international crime is still restricted to relatively few. Globalization and technological advances have removed a great many obstacles to trade, but they have also facilitated access to new markets for criminal entrepreneurs whilst offering a reduced risk of detection and prosecution. International criminal activity has always had a significant and direct, if somewhat obscured, impact on the national and local crime picture. Without effective or coordinated cross-border strategies to redress the balance, the risk and damage caused by international criminal activity will continue to increase unabated. Combating International Crime maps the practicalities and challenges in making cross-border law enforcement work. Addressing the prevention, detection, investigation and prosecution of crime or criminality which is conducted in more than one country, it provides a professional assessment and describes the essential ingredients of international law enforcement cooperation. It identifies the needs, implications and consequences of a comprehensive strategy against international crime and contains case studies by way of illustration and example.

The extra-legal effects of international and domestic war crimes trials continue to puzzle researchers and practitioners. In the former Yugoslav states, the legacy of conflict and issues of transitional justice remains central in politics, society and culture. This book provides a new theoretical and methodological approach to one of these puzzles: why universal human rights norms become distorted or undermined when they reach local publics. It investigates the social and cultural contexts that transitional justice processes take place in by looking at how emotional everyday narratives can hamper the spread of norms in society. In Croatia, these narratives define how the public understands the rule of law, history and minority rights.

This book investigates how state responsibility can be determined for the wrongdoing of non-state actors. Every day, people, businesses and societies around the world pay a price arising from interactions between states and non-state actors. From insurrections that attempt to create new governments, to states arming belligerent proxies operating overseas, to companies damaging natural environments or providing suspect services, the impact of such situations are felt in numerous ways. They also raise many questions relating to responsibility. In answering these, State Responsibility for Non-State Actors provides a picture of what the law governing this area is, what it could be, and what it should be in light of past histories, present realities and future prospects.

This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.

The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.