Judge Mettraux's four-volume compendium, International Crimes: Law
and Practice, will provide the most detailed and authoritative
account to-date of the law of international crimes. It is a
scholarly tour de force providing a unique blend of academic rigour
and an insight into the practice of international criminal law. The
compendium is un-rivalled in its breadth and depth, covering almost
a century of legal practice, dozens of jurisdictions (national and
international), thousands of decisions and judgments and hundreds
of cases. This first volume discusses in detail the law of
genocide: its definition, elements, normative status, and
relationship to the other core international crimes. While the book
is an invaluable tool for academics and researchers, it is
particularly suited to legal practitioners, guiding the reader
through the practical and evidential challenges associated with the
prosecution of international crimes.
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My review
Tue, 20 Aug 2019 | Review
by: Phillip T.
FASCINATING AND INSIGHTFUL SCHOLARSHIP
ON ‘THE CRIME OF CRIMES’:
A NEW LEGAL TEXT ON GENOCIDE FROM THE OXFORD UNIVERSITY PRESS
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
Once again, Oxford University Press has published an important new legal text that promises to become the definitive work in its subject area; in this case international crimes.
As author, Professor Guénael Mettraux points out, there are four of these identifiable crimes: genocide… crimes against humanity… war crimes… and aggression — all related, but each different from the other in several respects.
In this first volume of a multi-volume work, the focus is on genocide and it is this volume which is the subject of this review.
The author’s stated aim is to provide an overview of the law and practice pertaining to international crimes to ‘help practitioners and scholars navigate the complex and sometimes turbulent waters of international law.’
The book’s first two chapters reveal the history — specifically the evolution — of the concept of international crimes, with the focus in the second chapter centering on genocide which, lamentably, as a relatively recent phenomenon, emerges as a minutely detailed, complex and multi-faceted subject.
It is a challenging exercise to list just a few examples of the topics covered. Nonetheless, it’s well worth mentioning that the book covers such issues as duties to prevent and punish genocide… punishable acts… and the challenge of establishing genocidal intent.
Noted as ‘the crime of crimes’, genocide (like all crimes), lends itself to analysis in terms of “mens rea” and “actus reus”, the latter involving conspiracy to commit genocide, including incitement, complicity and much more. Further discussion covers such aspects of genocidal crime as planning, ordering, committing and aiding and abetting genocide.
The book is obviously research-based, as indicated by the impressive 36-page bibliography — a gift for any researcher seeking further information on this vexed topic. Such research of course will inevitably offer up new and often disconcerting insights and opinions on genocide.
One in particular is a comment on the Nuremberg Tribunal which, in the words of the author, ‘failed to recognised the specific criminal character of the “Final Solution”, describing it in effect as ‘just one aspect of Germany’s aggressive wars —rather that a (specifically) criminal enterprise of mass killing’.
‘The Tribunal misunderstood the true nature of these crimes’ continues Professor Mettraux, ‘and distorted their historical significance,’ he observes. There is plenty of excellent footnoted material cited here, as well as throughout most of the book, to substantiate this and any number of other conclusive statements.
It’s interesting to note in the preface that the author was influenced and inspired in large part by Judge David A. Hunt, a judge at the International Criminal Tribunal for the former Yugoslavia (ICTY). Mettraux was thus introduced to ‘a new, fascinating legal culture’ which in timely fashion, is further introduced to readers of this book.
This volume offers a final word on terrorism which, although brief, is pertinent if controversial in the light of contemporary problems and concerns. Scholarly, analytical, thorough and certainly readable, this recently published title should certainly attract a broad-based international readership, particularly among international lawyers.
The publication date of this hardbacked first volume is cited as at 13th July 2019.
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