This volume from the International Bureau of the PCA presents a collection of studies on innovative responses to the unique challenges of resolving large numbers of claims arising from common, often tragic, circumstances-mass claims. The mass claims processes discussed in this volume were created in the aftermath of war or other atrocities, and redress is often an important component of settlement for the victims. The authors consider mass claims processes both from a conceptual and a practical perspective through lessons learned over twenty-five years. This book covers innovations to speed mass claims processes by means of new standards of proof and the use of information technology, as well as specific mass claims processes: the United Nations Compensation Commission; the Austrian General Settlement Fund; the French Commission for the Compensation of Victims of Spoliation; the German Forced Labour Compensation Programme; and the reparations provisions of the Statute of the International Criminal Court. From a North American perspective, authors address the litigation of mass claims involving slavery under United States law, the United States Indian Claims Commission, and the successful completion of the September 11th Victim Compensation Fund. In addition, Volume 1 of the Final Report of the Special Master of the September 11th Victim Compensation Fund is reprinted in its entirety. The responses of the international community to current issues of compensation and reparations, the role of civil society actors in reparations legislation, and recent instruments adopted by the Council of Europe and the United Nations Commission on Human Rights are also reviewed.

This book examines two types of transnational money laundering: the use of offshores and wire transfers to "invest" in real estate; and agribusiness, a nebulous activity that is difficult to regulate. The author also examines current international mechanisms to combat money-laundering; whether these efforts have been successful or unsuccessful; and whether multilateral instruments are an effective tool in the war against international organized crime. As national borders have opened and trade barriers have fallen, transnational crime has grown at unprecedented levels. The current situation, better revealed by the so-called "Panama Papers," is a result of a lack of local cooperation in the investigations, prosecution, and/or extradition of criminals. Governments profit from ill-gotten wealth hosting international criminal enterprises in their own territories, thus providing a fertile ground for illicit practices, closing their eyes to the nexus among false or inappropriate identification, fraudulent records, corruption, and money laundering. If these types of transnational money-laundering are allowed to remain as they are currently treated, the shift in the financial paradigm, from centralized and regulated to decentralized and "unregulated," would allow for the continuation of some of the most dangerous criminal activity. In this timely book, the author presents arguments that by "following the money," capital movements involved in transnational money laundering through real estate and agribusiness can be examined, revealed, and understood.

High-profile legal cases involving individuals with mental health challenges often address complex issues that confront previous decisions of the courts, influence or change existing social policies, and ultimately have a profound impact on the daily practice of mental health professionals and the lives of their patients. Providing in-depth context into milestone cases in forensic mental health, this book addresses issues such as the confidentiality of mental health records, criminal responsibility, fitness to stand trial, the right of individuals to refuse mental health treatment, and the duty of mental health practitioners to warn and protect individuals who may be at risk of harm at the hands of a patient. The authors explore the social and political context in which these cases occurred, incorporating court decisions, contemporaneous media articles, and legal reviews in the analysis. Graham Glancy and Cheryl Regehr, who are experts in the field of forensic psychiatry, draw upon their own practice, in addition to scholarly literature, to describe the impact of the decisions rendered by the courts in the area of mental health and offer practical guidelines for professionals working at the interface of law and mental health.

This book reviews and presents antitrust law compliance programmes from different angles. These programmes have been increasingly implemented and refined by firms over recent years, and various aspects of this topic have been researched. The contributions in this book extend beyond the treatment of legal issues and show how lawyers, economists, psychologists, and business scholars can help design antitrust law compliance programmes more effectively and run them more efficiently.

This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.

This book is open access under a CC BY 4.0 license. This edited collection explores the background and implementation of the Nordic Barnahus (or 'Children's House') model - recognised as one of the most important reforms related to children who are the victims of crime in the Nordic region. This book discusses both its potential to affect change and the challenges facing it. The model was introduced as a response to a growing recognition of the need for more integrated and child-centred services for children exposed to violence and sexual abuse. In the Barnahus structure, different professions work together to ensure that victimized children receive help and treatment and that their legal rights are met. This original study is organised into four broad themes: child-friendliness, support and treatment; the forensic child investigative interview; children's rights perspectives; and interagency collaboration and professional autonomy. Each themed section includes in-depth chapters from different Nordic countries, outlining and analysing the practice and outcomes of the collaborative work engaged in by Barnahus from different perspectives. The introductory and concluding chapters offer a comparative lens useful for policy and practice implementation within the Nordic welfare state context and beyond, ensuring this book has global academic and practical appeal.

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.

We have witnessed a digital revolution that affects the dynamics of existing traditional social, economic, political and legal systems. This revolution has transformed espionage and its features, such as its purpose and targets, methods and means, and actors and incidents, which paves the way for the emergence of the term cyberespionage. This book seeks to address domestic and international legal tools appropriate to adopt in cases of cyberespionage incidents. Cyberespionage operations of state or non-state actors are a kind of cyber attack, which violates certain principles of international law but also constitute wrongful acquisition and misappropriation of the data. Therefore, from the use of force to state responsibility, international law offers a wide array of solutions; likewise, domestic regulations through either specialized laws or general principles stipulate civil and criminal remedies against cyberespionage. Confronting Cyberespionage Under International Law examines how espionage and its applications have transformed since World War II and how domestic and international legal mechanisms can provide effective legal solutions to this change, hindering the economic development and well-being of individuals, companies and states to the detriment of others. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, legal practitioners, legal advisors and students in the fields of international law, information technology law and intellectual property law.

This book investigates the political context and intentions behind the trialling of Japanese war criminals in the wake of World War Two. After the Second World War in Asia, the victorious Allies placed around 5,700 Japanese on trial for war crimes. Ostensibly crafted to bring perpetrators to justice, the trials intersected in complex ways with the great issues of the day. They were meant to finish off the business of World War Two and to consolidate United States hegemony over Japan in the Pacific, but they lost impetus as Japan morphed into an ally of the West in the Cold War. Embattled colonial powers used the trials to bolster their authority against nationalist revolutionaries, but they found the principles of international humanitarian law were sharply at odds with the inequalities embodied in colonialism. Within nationalist movements, local enmities often overshadowed the reckoning with Japan. And hovering over the trials was the critical question: just what was justice for the Japanese in a world where all sides had committed atrocities?

This book offers the first benchmarking study of China's response to the problems of security in cyber space. There are several useful descriptive books on cyber security policy in China published between 2010 and 2016. As a result, we know quite well the system for managing cyber security in China, and the history of policy responses. What we don't know so well, and where this book is useful, is how capable China has become in this domain relative to the rest of the world. This book is a health check, a report card, on China's cyber security system in the face of escalating threats from criminal gangs and hostile states. The book also offers an assessment of the effectiveness of China's efforts. It lays out the major gaps and shortcomings in China's cyber security policy. It is the first book to base itself around an assessment of China's cyber industrial complex, concluding that China does not yet have one. As Xi Jinping said in July 2016, the country's core technologies are dominated by foreigners.

This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers' experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.

The recent rise of international trade courts and tribunals deserves systemic study and in-depth analysis. This volume gathers contributions from experts specialised in different regional adjudicators of trade disputes and scrutinises their operations in the light of the often-debated legitimacy issues. It not only looks into prominent adjudicators that have played a significant role for global and regional integration; it also encloses the newly established and/or less-known judicial actors. Critical topics covered range from procedures and legal techniques during the adjudication process to the pre- and post-adjudication matters in relation to forum selection and decision implementation. The volume features cross-cutting interdisciplinary discussions among academics and practitioners, lawyers, philosophers and political scientists. In addition to fulfilling the research vacuum, it aims to address the challenges and opportunities faced in international trade adjudication.

Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.

The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.

The Routledge International Handbook of Perpetrator Studies traces the growth of an important interdisciplinary field, its foundations, key debates and core concerns, as well as highlighting current and emerging issues and approaches and pointing to new directions for enquiry. With a focus on the perpetrators of mass killings, political violence and genocide, the handbook is concerned with a range of issues relating to the figure of the perpetrator, from questions of definition, typology, and conceptual analysis, to the study of motivations and group dynamics to questions of guilt and responsibility, as well as representation and memory politics. Offering an overview of the field, its essential concepts and approaches, this foundational volume presents contemporary perspectives on longstanding debates and recent contributions to the field that significantly expand the theoretical, temporal, political, and geographical discussion of perpetrators and their representation through literature, film, and art. It points to emerging areas and future trends in the field, thus providing scholars with ideas or encouragement for future research activity. As such, It will appeal to scholars across a range of disciplines, including sociology, anthropology, criminology, philosophy, memory studies, psychology, political science, literary studies, film studies, law, cultural studies and visual art.

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.

This book examines hybrid tribunals created in Sierra Leone, Kosovo, Cambodia, East Timor, and Lebanon, in terms of their origins (the political and social forces that led to their creation), the legal regimes that they used, their various institutional structures, and the challenges that they faced during their operations. Through this study, the author looks at both their successes and their shortcomings, and presents recommendations for the formation of future hybrid tribunals. Hybrid tribunals are a form of the international justice where the judicial responsibility is shared between the international community and the local state where they function. These tribunals represent an important bridge between traditional international courts like the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and various local justice systems. Because hybrid tribunals are developed in response to large-scale atrocities, these courts are properly considered part of the international criminal justice system. This feature gives hybrid tribunals the accountability and legitimacy often lost in local justice systems; however, by including regional courtroom procedures and personnel, they are integrated into the local justice system in a way that allows a society to deal with its criminals on its own terms, at least in part. This unique volume combines historical and legal analyses of these hybrid tribunals, placing them within a larger historical, political, and legal context. It will be of interest to researchers in Criminal Justice, International Studies, International Law, and related fields.

This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court's reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.

Existing international law is capable to govern the "war on terror" also in the aftermath of September 11, 2001. The standards generally applicable to targeted killings are those of human rights law. Force may be used in order to address immediate threats, preventive killings are permitted under strict preconditions but targeted killings are prohibited. In the context of armed conflicts, these standards are complemented by international humanitarian law as lex specialis. Civilians may only be targeted while directly taking part in hostilities and posing a threat to the adversary. Also in Israel and the Occupied Territory, these standards apply. Contrary to the Israeli Supreme Court's view, international humanitarian law is not complemented by human rights law, but human rights law is - to some degree - complemented by international humanitarian law. According to these standards, many killings which would be legal according to the Israeli Supreme Court violate international law.

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

The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC's practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.

The book offers An introduction to international law's approaches to holding individuals accountable for human rights atrocities, exploring whether human rights abusers can and should be brought to justice.
The authors examine how, in the years since the Nuremberg trials, states have created international norms holding abusers accountable, tried such people domestically and internationally for their crimes, and established other, non-criminal forms of accountability. These include trials in domestic courts and international tribunals such as the UN's Yugoslavia and Rwanda tribunals and the International Criminal Court, as well as nonprosecutorial mechanisms including civil suits, truth commissions, and immigration measures. The authors appraise the state of the law and its mechanisms, including analysis of the principal crimes (such as genocide and crimes against humanity) and discuss the opportunities for and challenges to further steps aimed at accountability.
This fully updated new edition also explores individual accountability for terrorist acts and accountability for acts undertaken in the name of counter-terrorism policy, and provides expanded coverage of aggression and crimes against peace.

The book "Criminal proceedings, languages and the European Union: linguistic and legal issues" - the first attempt on this subject - deals with the current situation in the jurislinguistic studies, which cover comparative law, language and translation, towards the aim of the circulation of equivalent legal concepts in systems which are still very different from one another. In the absence of common cultures and languages, in criminal procedure it is possible to distinguish features that are typical of common law systems and features that are typical of civil law systems, according to the two different models of adversarial and inquisitorial trials. Therefore, the most problematic challenges are for the European Union legislator to define generic measures that can be easily implemented at the national level, and for the individual Member States to choose corresponding domestic measures that can best implement these broad definitions, so as to pursue objectives set at the European level. In this scenario, the book assesses the new framework within which criminal lawyers and practitioners need to operate under the Lisbon Treaty (Part I), and focuses on the different versions of its provisions concerning cooperation in criminal matters, which will need to be implemented at the national level (Part III). The book analyses the issues raised by multilingualism in the EU decision-making process and subsequent interpretation of legal acts from the viewpoint of all the players involved (EU officials, civil, penal and linguistic lawyers: Part II), explores the possible impact of the EU legal acts concerning environmental protection, where the study of ascending and descending circulation of polysemantic words is especially relevant (Part IV), and investigates the new legal and linguistic concepts in the field of data retention, protection of victims, European investigation orders and coercive measures (Part V).

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.