The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.

Volume 24 of the Yearbook of International Humanitarian Law (IHL) is dedicated to investigating IHL's universalist claims from different perspectives and regarding different areas of IHL. While academic debates about "universalism versus particularism" have dominated much of the critical scholarship in international law over the past two decades, they remain relatively underexplored in the field of IHL. The current volume fills this gap in IHL literature by focusing on the ways in which different interpretive communities approach questions of IHL from differing perspectives. Authors were invited to use the concept of culture to deconstruct and take critical distance from the production, interpretation, and application of IHL, and those keen on challenging the idea that IHL needs critical deconstruction were also invited to argue their case. The Volume contains four articles dedicated to the subject of cultures of IHL. It also features a book symposium on Samuel Moyn's Humane: How The United States Abandoned Peace and Reinvented War (2021) and ends, as usual, with a Year in Review section. The Yearbook of International Humanitarian Law is a leading annual publication devoted to the study of international humanitarian law. The Yearbook has always strived to be at the forefront of the debate of pressing doctrinal questions of IHL and will continue to do so in the future. As this volume shows, it is also a forum for taking a step back and reflecting on the broader, theoretical issues that inform the practice and thinking about the field. The Yearbook provides an international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, it bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

How is international criminal law adapted across time and space? Which actors are involved and how do those actors seek to prosecute atrocity crimes? States in Southeast Asia exhibit a range of adapted approaches toward prosecuting international crimes. By examining engagement with international criminal justice especially in Cambodia, the Philippines, Indonesia, and Myanmar, this book offers a fresh and comprehensive approach to the study of international criminal law in the region. It nuances categories of the 'global' and 'local' and demonstrates how norms can be adapted in multiple spatial and temporal directions beyond the International Criminal Court. It proposes a shift in the focus of those interested in international criminal justice toward recognising the opportunities and expertise presented by existing adaptive responses to international crimes. This book will appeal to scholars, practitioners and advocates interested in international criminal law, international relations, transitional justice, civil society, and law in Southeast Asia.

This book considers the law, policy and procedure for child witnesses in Australian criminal courts across the twentieth century. It uses the stories and experiences of over 200 children, in many cases using their own words from press reports, to highlight how the relevant law was - or was not - applied throughout this period. The law was sympathetic to the plight of child witnesses and exhibited a significant degree of pragmatism to receive the evidence of children but was equally fearful of innocent men being wrongly convicted. The book highlights the impact 'safeguards' like corroboration and closed court rules had on the outcome of many cases and the extent to which fear - of children, of lies (or the truth) and of reform - influenced the criminal justice process. Over a century of children giving evidence in court it is `clear that the more things changed, the more they stayed the same'.

The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis a vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy. The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.

This book explores the EU's approach to peacebuilding and questions the EU global role as crisis manager and capacity builder. It highlights the significant contributions of the EU to civilian peacebuilding and also critically evaluates the activities of the EU Common Security and Defence Policy (CSDP) within their rule of law and human rights peacebuilding missions. It draws on the author's twenty years of experience working on CSDP and EU defence matters including his research on EU police missions in Africa and Middle East. It exposes emergent tension between peacebuilding in its neighbourhood and security issues. It examines the practice of EU peacebuilding including performance of its missions and how deployed personnel can professionalise their diplomatic (mediation, negotiation and dialogue facilitation) capacity to fully realise the potential of missions and exploit opportunities for expanding the vision of peace. It formulates convincing policy recommendations for the future planning of EU external relations in post conflict environments and offers valuable insights into how to connect with people and communities in the aftermath of conflict.

In The Trial of Hissein Habre: The International Crimes of a Former Head of State, Emmanuel Guematcha recounts the trial of Hissein Habre, the former Head of State of Chad. Accused of committing crimes against humanity, war crimes, and torture while he ruled Chad between 1982 and 1990, he was tried and sentenced to life imprisonment in 2016 and 2017 by the African Extraordinary Chambers. Guematcha examines the process that led to this achievement in Africa, including the failed attempts to try Hissein Habre in the Senegalese, Chadian, and Belgian courts. Guematcha discusses the mobilization of victims and the involvement of non-governmental and international organizations. He describes the particularities of the Extraordinary African Chambers, discusses the establishment of Hissein Habre's criminal responsibility, and presents the trial through the testimonies of several victims, witnesses, and experts. These testimonies shed light on what it means for individuals to be subjected to international crimes. The author also questions the impact and significance of the trial in Africa and beyond.

This book provides a critical study of environmental regulation and its enforcement in New Zealand, situated within green criminology. It seeks to address the question of whether the offences in the Resource Management Act 1991 are 'working', by drawing on a range of sources including: central government data, local government policies and reports on enforcement, information requests of councils, studies of local authority enforcement behaviour and case law to. Through highly layered and richly textured analysis, the project exposes the problems that can arise when an expansive approach is taken to offences, penalties and institutional arrangements in an environmental regulatory statute. It emphasizes how discussions of harm and what should be unlawful will ensure that law-makers' enforcement tools will align with their goals for punishment. It examines higher-level issues such as 'wrongfulness' and 'criminality' in the environmental regulatory context and explores the relevance of its findings to jurisdictions outside of New Zealand. It also discusses the pros and cons of criminalisation and punishment versus restoration. It speaks to those interested in green criminology, regulatory compliance and enforcement, and applications of criminal law.

This volume brings together work by authors who draw upon sociological and criminological methods, theory, and frameworks, to produce research that pushes boundaries, considers new questions, and reshape the existing understanding of "art crimes", with a strong emphasis on methodological innovation and novel theory application. Criminologists and sociologists are poorly represented in academic discourse on art and culture related crimes. However, to understand topics like theft, security, trafficking, forgery, vandalism, offender motivation, the efficacy of and results of policy interventions, and the effects art crimes have on communities, we must develop the theoretical and methodological models we use for analyses. The readership of this book is expected to include academics, researchers, and practitioners in the fields of criminology, sociology, law, and heritage studies who have an interest in art and heritage crime.

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

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

Written by eminent international judges, scholars and practitioners, this book offers a timely study of China's role in international dispute resolution in the context of the construction of the 'Belt and Road Initiative' (BRI). It provides in-depth analysis of the law and practice in the fields of international trade, commerce, investment and international law of the sea, as they relate to the BRI construction. It is the first comprehensive assessment of China's policy and practice in international dispute resolution, in general and in individual fields, in the context of the BRI construction. This book will be an indispensable reading for scholars and practitioners with interest in China and international dispute resolution. It also constitutes an invaluable reference for anyone interested in the changing international law and order, in which China is playing an increasingly significant role, particularly through the BRI construction.

Despite being in existence for over a quarter century, costing multiple millions of dollars and affecting the lives of hundreds of thousands of individuals, sex offender registration and notification (SORN) laws have yet to be subject to a book-length treatment of their empirical dimensions - their premises, coverage, and impact on public safety. This volume, edited by Wayne Logan and J.J. Prescott, assembles the leading researchers in the field to provide an in-depth look at what have come to be known as 'Megan's Laws', offering a social science-based analysis of one of the most important, and controversial, criminal justice system initiatives undertaken in modern times.

This book presents a selection of revised and updated papers presented in September 2018 at the International Conference 'Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives', which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC). In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues. Stefanie Bock is Professor of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law in the Department of Law at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials. Eckart Conze is Professor of Modern and Contemporary History in the Department of History at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials.

Combining interdisciplinary techniques with original ethnographic fieldwork, Christoph Sperfeldt examines the first attempts of international criminal courts to provide reparations to victims of mass atrocities. The observations focus on two case studies: the Extraordinary Chambers in the Courts of Cambodia, where Sperfeldt spent over ten years working at and around, and the International Criminal Court's interventions in the Democratic Republic of Congo. Enriched with first-hand observations and an awareness of contextual dynamics, this book directs attention to the 'social life of reparations' that too often get lost in formal accounts of law and its institutions. Sperfeldt shows that reparations are constituted and contested through a range of practices that produce, change, and give meaning to reparations. Appreciating the nature and effects of these practices provides us with a deeper understanding of the discrepancies that exist between the reparations ideal and how it functions imperfectly in different contexts.

This is the first in-depth study of the first three ICC trials: an engaging, accessible text meant for specialists and students, for legal advocates and a wide range of professionals concerned with diverse cultures, human rights, and restorative justice. Now with an updated postscript for the paperback edition, it offers a balanced view on persistent tensions and controversies. Separate chapters analyze the working realities of central African armed conflicts, finding reasons for their surprising resistance to ICC legal formulas. The book dissects the Court's structural dynamics, which were designed to steer an elusive middle course between high moral ideals and hard political realities. Detailed chapters provide vivid accounts of courtroom encounters with four Congolese suspects. The mixed record of convictions, acquittals, dissents, and appeals, resulting from these trials, provides a map of distinct fault-lines within the ICC legal code, and suggests a rocky path ahead for the Court's next ventures.

The expression "transitional justice" emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. "This book summarizes the subjects of transitional justice and Vergangenheitsbewaltigung systematically and clearly" (Joachim Gauck, German Federal President, 2012-2017).

This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.

This book is a practical guide for advocates interested in the representation of victims before the International Criminal Court (ICC). It has been developed by experts responsible for the advocacy training of the International Criminal Court's List of Counsel members. Written in a readily accessible style, this guide provides a firm grounding in relevant legal doctrine, essential advocacy techniques and valuable multidisciplinary perspectives. Drawing upon global expertise from legal practitioners, specialist advocacy trainers and multi-disciplinary writers, this book addresses both practical considerations and key challenges faced by ICC victim advocates. These include issues such as gender, child victims, victims of sexual violence, special need victims and victims who are themselves implicated in international crimes. Through its practical focus on advocacy techniques, hypothetical case studies, checklists, interviews from the field and lists of further resources, this manual equips readers with the knowledge and skills necessary to engage in sophisticated ICC victim advocacy. This book will also appeal to those interested in the workings of International Criminal Law and in victim advocacy and victimology more broadly.

This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Universite Paris Nanterre and consultant in international law.

This book deals with the phenomenon of conflict-related reproductive violence and explores the international legal framework's capacity to respond to it. The international discourse on gender-based violence in conflicts tends to focus on sexualized crimes, which leads to incomplete narratives of the gendered dimensions of armed conflicts. In particular, international law has often remained silent on conflict-related violence affecting or aimed at the victim's reproductive system. The author conceptualizes reproductive violence as a distinct manifestation of gender-based violence and a violation of reproductive autonomy. The analysis explores the historical approaches to reproductive violence and evaluates the current potentials of international criminal law for its prosecution as genocide, crimes against humanity, and war crimes. In this regard, it also develops proposals for a gender-sensitive interpretation of the existing legal framework as well as possible amendments to it. The book is aimed at researchers and practitioners in the fields of international criminal justice and international human rights law with an interest in gender perspectives on international law, sexualized and gender-based violence, and the discourse on reproductive human rights. Tanja Altunjan is a former researcher at Humboldt-Universitat zu Berlin where she obtained her doctoral degree in criminal law.

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