Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand that is increasingly being met by migrant smugglers. This companion volume to the award-winning The International Law of Human Trafficking presents the first-ever comprehensive, in-depth analysis into the subject. The authors call on their experience of working with the UN to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.

In 1998, the Rome Statute to the International Criminal Court (ICC) emerged as a groundbreaking treaty both due to its codification of international criminal law and its recognition of the crimes committed against women in times of war and conflict. The ICC criminalized acts of rape, sexual slavery, and enforced pregnancy, amongst others, to provide the most advanced articulation ever of gender based violence under international law. However, thus far no scholarly book has analyzed whether or not the implementation of the ICC has been successful. The Politics of Gender Justice at the International Criminal Court fills this intellectual gap, specifically examining the gender justice design features of the Rome Statute (the foundation of the ICC), and assessing the effectiveness of the statute's implementation in the first decade of the court's operation. Louise Chappell argues that although the ICC has provided mixed outcomes for gender justice, there have also been a number of important breakthroughs, particularly in regards to support for female judges. Meticulous and comprehensive, this book refines the notion of gender justice principles and adds a valuable, but as yet unrecognized, gender dimension to the burgeoning historical institutionalist approach to international relations. Chappell links feminist international relations literature with feminist institutionalism literature for the first time, thereby strengthening and adding to both fields. Ultimately, Chappell's analysis is an essential step towards attaining a greater degree of gender equality in the context of international law. The definitive volume on gender and the ICC, The Politics of Gender Justice at the International Criminal Court is a valuable resource for students and scholars of international relations, international law, and human rights.

The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multi-level courts operating in concert, through the concurrent practice of the United Nations International Criminal Tribunal for Rwanda (ICTR), the national Rwandan courts, and the gacaca community courts. Courts in Conflict makes a crucial and timely contribution to the examination of these pluralist responses to atrocity at a juncture when holistic approaches are rapidly becoming the policy norm. Although Rwanda's post-genocide criminal courts are compatible in law, an interpretive cultural analysis shows how and why they have often conflicted in practice. The author's research is derived from 182 interviews with judges, lawyers, and a group of witnesses and suspects within all three of the post-genocide courts. This rich empirical material shows that the judges and lawyers inside each of the courts offer notably different interpretations of Rwanda's transitional justice processes, illuminating divergent legal cultures that help explain the constraints on the courts' effective cooperation and evidence gathering. The potential for similar competition between domestic and international justice processes is apparent in the current practice of the International Criminal Court (ICC). However, this competition can be mitigated through increased communication among the different sites of justice, fostering legal cultures of complementarity that can more effectively respond to the needs of affected populations.

Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.

Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups is as important today as it was in September 2001. In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.

This detailed evaluation of the relationship between trials and truth commissions challenges their assumed compatibility through an analysis of their operational features at national, inter-state and international levels. Alison Bisset conducts case-study analyses of national practice in South Africa, East Timor and Sierra Leone, evaluates the problems posed by the International Criminal Court and considers the challenges presented by the possibility of bystander state prosecutions. At each level, she highlights potential operational conflicts and formulates targeted proposals to enable effective coexistence.

In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates? Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights. Through the jurisprudence of regional human rights tribunals and the literature on confiscation and international cooperation, Ivory shows how asset recovery is a human rights issue and how principles of legality and proportionality have mediated competing interests in analogous matters. In cases of asset recovery, she predicts that property rights will likewise enable questions of individual entitlement to be considered in the context of collective concerns with good governance, global economic inequality, and the suppression of transnational crime.

This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.

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.

Volume II of the International Criminal Law Practitioner Library series focuses on the core categories of international crimes: crimes against humanity, genocide, and war crimes. The authors present a comprehensive and critical review of the law on the elements of these crimes and their underlying offences, and examine how they interact with the forms of responsibility discussed in Volume I. They also consider the effect of the focus in early ICTY and ICTR proceedings on relatively low-level accused for the development of legal definitions that are sometimes ill-suited for leadership cases, where the accused had little or no physical involvement in the crimes. The book's main focus is the jurisprudence of the ad hoc Tribunals, but the approaches of the ICC and the various hybrid tribunals are also given significant attention. The relevant jurisprudence up to 1 December 2007 has been surveyed, making this a highly useful and timely work.

As international criminal courts and tribunals have proliferated and international criminal law is increasingly seen as a key tool for bringing the world's worst perpetrators to account, the controversies surrounding the international trials of war criminals have grown. War crimes tribunals have to deal with accusations of victors' justice, bad prosecutorial policy and case management, and of jeopardizing fragile peace in post-conflict situations. In this exceptional book, one of the leading writers in the field of international criminal law explores these controversial issues in a manner that is accessible both to lawyers and to general readers. Professor William Schabas begins by considering the discipline of international criminal law, outlining the differing approaches to the description of international crimes and examining the frequent claims relating to the retroactive application of these crimes. The book then discusses the relationship between genocide and crimes against humanity, studying the fascination with what Schabas calls the 'genocide mystique'. International criminal tribunals have often been stigmatized as an exercise in victors' justice. This book traces how this critique developed and the difficulty it poses to the identification of situations for prosecution by the International Criminal Court. The claim that amnesty for international crimes is prohibited by international law is challenged, with a more nuanced approach to the relationship between justice and peace being proposed. Throughout the book there is a strong historical perspective, with constant reference to the early experiments in international justice at Nuremberg and Tokyo. The work also analyses the growing pains of the International Criminal Court as it enters its second decade.

This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials - a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.

A comprehensive and invaluable reference work for practitioners, academics, and students of international criminal law, this series critically examines a complex and important legal area. Volume I considers the criminal responsibility of individuals for the commission of war crimes, crimes against humanity, and genocide; Volume II focuses on these core international crimes and discusses their interaction with the forms of responsibility; and Volume III provides an evaluation of international criminal procedure and the rules and practices designed to ensure effective investigations and fair trials.

Volume I of the International Criminal Law Practitioner Library series focuses on the law of individual criminal responsibility applied in international criminal law, providing a thorough review of the forms of criminal responsibility. The authors present a critical analysis of the elements of individual criminal responsibility as set out in the statutory instruments of the international and hybrid criminal courts and tribunals and their jurisprudence. All elements are discussed, demystifying and untangling some of the confusion in the jurisprudence and literature on the forms of responsibility. The jurisprudence of the ICTY and the ICTR is the main focus of the book. Every trial and appeal judgement, as well as relevant interlocutory jurisprudence, up to 1 December 2006, has been surveyed, as has the relevant jurisprudence of other tribunals and the provisions in the legal instruments of the ICC, making this a highly relevant work.

Merciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities explores the tension between law's need for and dependence on merciful judgments and suspicions that regularly accompany them. Rather than focusing primarily on definitional questions or the longstanding debate about the moral worth and importance of mercy, this book focuses on mercy as a part of, and problem for, law. This book is a product of the University of Alabama School of Law symposia series on 'Law, Knowledge and Imagination'. It explores the ways law is known and imagined in a diverse array of disciplines, including political science, history, cultural studies, philosophy and science. In addition, books produced through the Alabama symposia explore various conjunctions of law, knowledge and imagination as they play out in debates about theory and policy and speak to venerable questions as well as contemporary issues.

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

Since the publication of the extremely well regarded first edition of this title, the legal regime which forms the basis for INTERPOL has changed significantly due to increasing criticism and calls for reform. This timely new edition provides a complete update to reflect the significant developments within the Organization since 2010. This new edition also examines INTERPOL's internal and external law and situates INTERPOL's assistance to its members in the legal regime of responsibility. It is the first text to undertake this task. It draws on the jurisprudence of the Commission for the Control of INTERPOL's Files and the authors' extensive experience before this body to discuss in great detail how an individual can challenge INTERPOL's interventions (including the issuance of notices) on the basis of the Organization's internal rules. It also meticulously describes the procedures under which INTERPOL members might challenge INTERPOL's interventions and how an individual can hold INTERPOL responsible for breaches of its external law. Retaining the clarity of expression and expert analysis that were hallmarks of the first edition, this book is required reading for practitioners and academics alike. It provides academics with a valuable case study on the creation of an international organisation and the responsibility of international organisations, and it offers practitioners a forensic analysis of how to challenge INTERPOL and its actions.

The success of the four core freedoms of the EU has created fertile ground for transnational organised crime. Innovative, transnational legal weapons are therefore required by national authorities. The availability of data on criminal convictions is at the forefront of the debate. But which mechanism for availability can be used effectively while at the same time respecting an increasingly higher level of data protection at national level? In the fluid, post-'Reform Treaty' environment, the EU is moving towards the creation of a European Criminal Record which will ultimately secure availability of criminal data beyond the weaknesses of Mutual Legal Assistance mechanisms. Examining the concept of a European Criminal Record in its legal, political and data protection dimensions, this multidisciplinary study is an indispensable exploration of a major initiative in European Criminal Law which is set to monopolise the debate on EU judicial co-operation and enforcement.

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 123, Global Stability and U.S. National Security, includes documents that illuminate instability concerns in key regions of the world and offer insights into how the lack of stability negatively affects U.S. interests, as well as the interests of other nations. The documents selected by Douglas Lovelace include primarily studies of instability concerns in the Middle East and North Africa, as well as a document providing a general assessment of global stability and reports on Southeast and Central Asia and Latin America.

The Travaux Preparatoires of the Crime of Aggression contains a complete documentation of the fifteen years of negotiations which led up to the historic adoption of the amendments to the Rome Statute of the International Criminal Court at the 2010 Review Conference in Kampala. Arranged chronologically, it includes all relevant official Chairman's drafts, non-papers, country proposals, meeting reports and summary records, as well as selected unpublished materials and transcripts from the dramatic negotiations at the Review Conference. Three introductory articles, each written from the perspective of an insider, put the Kampala compromise into context and explore the amendments on the crime of aggression, their negotiation history and the intentions of the drafters.

Terrorism: Commentary on Security Documents is a hardbound series that provides primary-source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 120, U.S. Preparedness for Catastrophic Attacks, discusses the critical topic of U.S. preparedness for catastrophic events. Doug Lovelace introduces documents that will inform researchers and practitioners of international law and national security about the ability of the United States to prevent and deter a catastrophic attack, as well as to mitigate and cope with the effects of such an attack. This volume is divided into three sections: (1) Deterring and Defending Against Catastrophic Attacks; (2) Warning, Detection and Reaction to Catastrophic Attacks; and (3) Policy Voids and Initiatives Regarding Catastrophic Attacks on the United States. In each of these sections Doug Lovelace has selected CRS and GAO reports that provide insightful analysis of the issues at hand. Volume 120 examines diverse topics such as infrastructure protection, threat detection technology (biosurveillance, advanced spectroscoping portals for detection of nuclear materials), evacuation policy, cyberspace security, and federal assistance to state and local authorities for emergency preparedness.

Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.

Over the last decade, law enforcement agencies have engaged in increasingly intrusive surveillance methods, from location tracking on cell phones to reading metadata off of e-mails. As a result, many believe we are heading towards an omniscient surveillance state and irrevocable damage to our privacy rights. In Smart Surveillance, Ric Simmons challenges this conventional wisdom by taking a broader look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. Rather than focusing exclusively on the rise of invasive surveillance technologies, Simmons proposes a fundamentally new method of evaluating government searches - based on quantification, transparency, and efficiency - resulting in a legal regime that can adapt as technology and society change.

Volume 113 of Terrorism: Commentary on Security Documents, Piracy and International Maritime Security provides key international materials on piracy. International treaties, such as the Draft Convention on Piracy, the Geneva Convention on the High Seas, and the United Nations Convention on the Law of the Sea are provided, which help to define piracy under international law. This volume also contains documents that discuss international jurisdiction over the crime of piracy and its enforcement. Piracy is one of the few international crimes subject to universal jurisdiction, which gives all states the right but not the duty to prosecute. International case law on the use of force in apprehending pirates is provided, along with national piracy legislation and cases.

We live in the age of international crime but when did it begin? This book examines the period when crime became an international issue (1881-1914), exploring issues such as 'world-shrinking' changes in transportation, communication and commerce, and concerns about alien criminality, white slave trading and anarchist outrages.