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.

Serving as an introduction to one of the "hottest" topics in financial crime, the Value Added Tax (VAT) fraud, this new and original book aims to analyze and decrypt the fraud and explore multi-disciplinary avenues, thereby exposing nuances and shades that remain concealed by traditional taxation oriented researches. Quantifying the impact of the fraud on the real economy underlines the structural damages propagated by this crime in the European Union. The 'fruadsters' benefit when policy changes are inflicted in an economic space without a fully fledged legal framework. Geopolitical events like the creation of the Eurasian Union and 'Brexit' are analyzed from the perspective of the VAT fraud, thereby underlining the foreseeable risks of such historical turnarounds. In addition, this book also provides a unique collection of case studies that depict the main characteristics of VAT fraud. Introduction to VAT Fraud will be of interest to students at an advanced level, academics and reflective practitioners. It addresses the topics with regards to banking and finance law, international law, criminal law, taxation, accounting, and financial crime. It will be of value to researchers, academics, professionals, and students in the fields of law, financial crime, technology, accounting and taxation.

The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice. Surveying and analyzing the contributions from different disciplinary angles, the Companion is comprised of four comprehensive parts. It begins with a detailed account of the establishment of the ICTR, covering the setting up of the tribunal, its mandate, structure and personnel. The second part explores substantive law and examines issues such as genocide, crimes against humanity, war crimes, sexual violence and modes of liability. The third part discusses procedural law and explores investigation, arrest, trial/appeal, evidence, rights of the accused, rights of victims and sentencing. It concludes with the fourth part, which considers the contribution of the ICTR to international criminal justice, as well as to the lives of Rwandans. An important contribution to the jurisprudence of international criminal courts, the Companion will appeal to academics, students and legal practitioners alike. It will be fascinating reading for anyone interested in international criminal law or the recent history of Rwanda. Contributors include: P. Akhavan, K. Ambos, S. Bock, C. Buisman, N.A. Combs, A.-M. de Brouwer, M.A. Drumbl, H. Hintjens, B. Hola, H.B. Jallow, U. Kaitesi, G.W. Mugwanya, R. Muzigo-Morrison, F.M. Ndahinda, F.-X. Nsanzuwera, A. Odora-Obote, V. Oosterveld, C. Paulussen, N Pillay, A. Smeulers

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 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.

In the two-and-a-half decades since the end of the Cold War, policy makers have become acutely aware of the extent to which the world today faces mass atrocities. In an effort to prevent the death, destruction and global chaos wrought by these crimes, the agendas for both national and international policy have grown beyond conflict prevention to encompass atrocity prevention, protection of civilians, transitional justice and the responsibility to protect. Yet, to date, there has been no attempt to address the topic of the prevention of mass atrocities from the theoretical, policy and practicing standpoints simultaneously. This volume is designed to fill that gap, clarifying and solidifying the present understanding of atrocity prevention. It will serve as an authoritative work on the state of the field.

This book shows how Rwanda's transitional courts that tried genocide crimes - the gacaca - produced social complicity and cemented authoritarian rule. It is unique for its in-depth investigation of the courts' legal operations: confessions, denunciation, and lay judging, and shows how targeted incentives such as grants of clemency, opportunities for private gain, and career advancement drew the masses into the orbit of the ethnic minority-dominated regime. Using previously untapped data, it illustrates how a decade of mass trials constructed a tacit patronage-driven relationship in which the interests of the citizenry became tied to the authoritarian elite that had discretionary power to grant or withdraw those benefits at will. The operation of law in individual behavior and authoritarian control presented in this volume will be of use to students and scholars in the social sciences, and practitioners interested in criminal law and transitional justice.

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 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.

When national courts judge international crimes like genocide, crimes against humanity and war crimes, they can draw on both national and international criminal law. The relationship between these two bodies of law is not always clear. Can national courts base prosecutions of international crimes directly on international criminal law? In a world where national laws often proscribe international crimes in an incomplete or deficient manner, this question has considerable practical relevance for the enforcement of international criminal law. Yet, it has received little attention in doctrine while practice shows widely divergent approaches of national courts to the feasibility of direct application. The author examines the concept of the direct application of international criminal law in national courts. He provides a rich description of the relevant practice in many different States ranging from Argentina to Senegal. Easily accessible, this book is a valuable tool for academics and practitioners alike.

This edited volume explores the fundamental aspects of the dark web, ranging from the technologies that power it, the cryptocurrencies that drive its markets, the criminalities it facilitates to the methods that investigators can employ to master it as a strand of open source intelligence. The book provides readers with detailed theoretical, technical and practical knowledge including the application of legal frameworks. With this it offers crucial insights for practitioners as well as academics into the multidisciplinary nature of dark web investigations for the identification and interception of illegal content and activities addressing both theoretical and practical issues.

The book examines the process and the impact of the International Military Tribunal for the Far East (IMTFE), otherwise known as the Tokyo Trial, which was convened in 1946 to try the Japanese leaders accused of committing war crimes during World War II. Offering valuable research materials, it studies the lessons learned from the failed attempt after World War I, and the background and establishment of the IMTFE. It elaborates on the Charter, the Indictment, the Proceeding Records, and the Judgment of the IMTFE, with an emphasis on principles of international law and other legal questions, often with reference to the Nuremberg Trial. It also discusses the structure and different parts of the court organization, the selection and prosecution of Class-A war criminals, and the trial procedures especially those relating to evidence. The author's personal experience and his criticism of certain aspects of the Tokyo Trial make it most insightful for the reader. From the perspective of a Chinese judge, this unique text brings in the dimensions of both international law and international relations, and allows us to measure the significance and legacy of the Tokyo Trial for contemporary international criminal justice. The author's manuscript of this book was written in Chinese in the mid-1960s as part of a larger project, and was initially published in 1988. This is the first time that this book has been translated into English.

This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as human rights defenders. At the same time, however, they employ activities that necessary entail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs' relationship with international human rights law, and focuses on the ICTs' own interpretation and application of human rights norms. First, the book addresses whether and how ICTs are bound by human rights law, since unlike states, they do not sign or ratify human rights conventions. Second, the book provides an in-depth analysis of the way in which ICTs interpret and apply human rights norms, compared to the way in which these norms are interpreted in a traditional state-context. Relying on the unique circumstances in which they operate, ICTs have often deviated from generally accepted interpretations of human rights. The author critically examines this so-called contextual approach and seeks to recommend ways in which ICTs can improve their interpretative practice by giving due regard to the context in which they operate, while still providing adequate human rights protection. Addressing the ICTs' possible leeway in terms of contextualization, this book contributes to the broader debates about adherence to human rights norms in international law. Krit Zeegers is an Associate at Allen & Overy LLP, Amsterdam, and previously worked as a researcher / junior lecturer at the University of Amsterdam.

This book presents the first cross-regional analysis of post-transitional justice periods and the conditions that influence states' behaviors. Specifically, the book examines why states that adopt and ostensibly implement transitional justice norms as policies-criminal prosecutions, reparations policies, and truth commissions-fail to follow through with their recommendations. Applying these perspectives to a comparative study of states from Latin America and East Asia-namely, Peru, Uruguay, and South Korea-which accepted and implemented transitional justice norms but took different trajectories of behavior after the implementation of policies, this book contributes to understanding the relationship of norm influence on states and why states change in compliance after norm adoption. The book explores the conditions that contribute or limit the continued respect for transitional justice norms, emphasizing the political interests and transnational advocacy networks' roles in affecting states' policies of addressing past abuses.

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

This book proposes and outlines a comprehensive framework for judicial protection in transnational criminal proceedings that ensures the right to judicial review without hampering the effective functioning of international cooperation in criminal matters. It examines a broad range of potential approaches in the context of selected national criminal justice systems, and offers a comparative analysis of EU Member States and non-Member States alike. The book particularly focuses on the differences between cooperation within the EU on the one hand and cooperation with third states on the other, and on the consequences of this distinction for the scope of judicial review.

From the 'show' trials of the 1920s and 1930s to the London Conference, this book examines the Soviet role in the Nuremberg IMT trial through the prism of the ideas and practices of earlier Soviet legal history, detailing the evolution of Stalin's ideas about the trail of Nazi war criminals. Stalin believed that an international trial for Nazi war criminals was the best way to show the world the sacrifices his country had made to defeat Hitler, and he, together with his legal mouthpiece Andrei Vyshinsky, maintained tight control over Soviet representatives during talks leading up to the creation of the Nuremberg IMT trial in 1945, and the trial itself. But Soviet prosecutors at Nuremberg were unable to deal comfortably with the complexities of an open, western-style legal proceeding, which undercut their effectiveness throughout the trial. However, they were able to present a significant body of evidence that underscored the brutal nature of Hitler's racial war in Russia from 1941-45, a theme which became central to Stalin's efforts to redefine international criminal law after the war. Stalin's Soviet Justice provides a nuanced analysis of the Soviet justice system at a crucial turning point in European history and it will be vital reading for scholars and advanced students of the legal history of the Soviet Union, the history of war crimes and the aftermath of the Second World War.

Based on extensive research on the International Military Tribunal for the Far East, this book closely examines the claims and controversy surrounding the 'Nanjing Massacre', a period of murder in 1937-1938 committed by Japanese troops against the residents of Nanjing (Nanking), after the capture of the then capital of the Republic of China, during the Second Sino-Japanese War. Focusing on weighing up arguments denying Nanjing Massacre, this book considers the Japanese 'Illusion' school of thought which contests the truth of the Nanjing Massacre claims, including the death toll and the scale of the violence. The Nanjing Massacre remains a controversial issue in Sino-Japanese relations, despite the normalization of bilateral relations, and this book goes to great lengths to examine the events through comparative narratives, investigating different perspectives and contributings to the debate from the extensive research of the Tokyo Trial Research Centre at Shanghai, as well as volumes of Chinese and Japanese historical documents.

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.

Article 28 of the Rome Statute explicitly provides that the command responsibility doctrine may be applied to both 'commanders and other superiors', and sets out separate criteria for the two categories of superiors. The question arises how the doctrine should be applied by the International Criminal Court and by other international courts and tribunals. Up until now, the doctrine has been applied to both military and civilian superiors without a distinctive provision. The author examines the applicability of the command responsibility doctrine to civilian superiors, taking as a point of departure the origin of the doctrine and the unique position of the commander. An analysis of cases against civilian leaders identifies the challenges that prosecutors and judges face in these cases. The author provides, finally, an assessment of the remaining hurdles in the application of the doctrine, and offers a solution which is based on respect for the purpose of the doctrine. The book is a valuable source and tool for academics and practitioners in international criminal law and international humanitarian law, academics and students at National Defence Colleges, as well as military legal advisers and higher military officers. Maria L. Nybondas is an Associate Researcher at the T.M.C. Asser Instituut, The Hague, The Netherlands.

This War Report provides detailed information on every armed conflict which took place during 2013, offering an unprecedented overview of the nature, range, and impact of these conflicts and the legal issues they created. In Part I, the Report describes its criteria for the identification and classification of armed conflicts under international law, and the legal consequences that flow from this classification. It sets out a list of armed conflicts in 2013, categorising each as international, non-international, or a military occupation, with estimates of civilian and military casualties. In Part II, each of the 28 conflicts identified in Part I are examined in more detail, with an overview of the belligerents, means and methods of warfare, the applicable treaties and rules, and any prosecutions for, investigations into, or robust allegations of war crimes. Part III of the Report provides detailed thematic analysis of key legal developments which arose in the context of these conflicts, allowing for a more in-depth reflection on cross-cutting questions and controversies. The topics under investigation in this Report include US policy on drone strikes, the use of chemical weapons in Syria, the protection of persons with a disability, and national and international war crimes trials. The Report gives a full and accessible overview of armed conflicts in 2013, making it the perfect first port of call for everyone working in the field.

In 2000, the UN Security Council adopted the ground-breaking Resolution 1325 on Women, Peace and Security (WPS) placing women at the centre of the agenda, thanks to years of campaigning. The Resolution recognises the differential impact of armed conflict on women and men, draws attention to the 'inextricable links between gender equality and international peace and security' and stresses the 'important role of women in the prevention and resolution of conflicts and in peace-building'. But what exactly is the WPS agenda and what is its content? What are its implications for peace and for security? And what does it mean for international lawyers? Through the narratives of women's activism and of international law this book seeks to make the WPS agenda better known to international lawyers and to ask whether it is, or could become, an international legal regime that conforms and responds to the realities of women's lives.

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.

The book illustrates how the trend of associating migrants and refugees with criminality is on the rise. In political discourses and popular media alike, migrants and refugees are frequently portrayed as being dangerous, while cultures intent on welcoming newcomers are increasingly seen as being naive, and providing assistance to migrants is more and more frequently subject to administrative or criminal penalties. At the same time, nondemocratic trends and practices that violate human rights and equality are gaining momentum in Europe, the US and Australia. Racism, xenophobia and anti-Islamism are simultaneously becoming more open and public; they are no longer restricted to clandestine platforms but are increasingly being mainstreamed into the political programs of parties that are entering both the EU parliaments and member state legislatures. Similar developments can be seen in the US and Australia. Such transformations in societies, governments, and institutions seem to reflect a growing amnesia regarding the lessons of the two World Wars of the 20th century, and the role that Europe, the US and Australia played in developing a post-war legal framework based on a shared, if imperfect, commitment to human rights. The book presents individual national analyses to reveal an emerging trend of "crimmigration" regardless of the peculiarities of national legislatures and internal political dynamics. By collecting original contributions from scholars based in and focused on each of these regions, it addresses above all the causes and impacts of the criminalization of migration in the early 21st century. It tackles the direct causes of these trends and encourages readers to rethink their broader political and socio-historic context. Importantly, the book does so by highlighting the ties between the criminalization of migration and equality, racism, and xenophobia. As the politics of migration become more perilous for political alliances like the EU as well for individual migrants, it is more important than ever to critically examine the cause and consequences of migrant criminalization. This collection does so from a variety of disciplinary perspectives and political traditions, seeking to overcome the distractions of charismatic politicians and the peculiar factions of national political systems, in order to reveal the underlying trends and disturbing patterns that are of interest to a broad, internationally-focused audience.

This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and "rapid dominance" doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.