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International criminal law has witnessed a rapid rise after the end
of the Cold War. The United Nations refers to the birth of a new
'age of accountability', but certain historical objections, such as
selectivity or victor's justice, have never fully gone away, and
many of the justice dimensions of international criminal law remain
unexplored. Various critiques have emerged in socio-legal
scholarship or globalization discourse, revealing that there is a
stark discrepancy between reality and expectation. Linking
discussion of legal theories, case-law and practice to scholarship
and opinion, A Critical Introduction to International Criminal Law
explores these critiques through five main themes at the heart of
contemporary dilemmas: * The shifting contours of criminality and
international crimes * The tension between individual and
collective responsibility * The challenges of domestic,
international, hybrid and regional justice institutions * The
foundations of justice procedures * Approaches towards punishment
and reparation Suitable for students, academics and professionals
from multiple fields wishing to understand contemporary theories,
practices and critiques of international criminal law. This title
is also available as Open Access on Cambridge Core.
International criminal law has witnessed a rapid rise after the end
of the Cold War. The United Nations refers to the birth of a new
'age of accountability', but certain historical objections, such as
selectivity or victor's justice, have never fully gone away, and
many of the justice dimensions of international criminal law remain
unexplored. Various critiques have emerged in socio-legal
scholarship or globalization discourse, revealing that there is a
stark discrepancy between reality and expectation. Linking
discussion of legal theories, case-law and practice to scholarship
and opinion, A Critical Introduction to International Criminal Law
explores these critiques through five main themes at the heart of
contemporary dilemmas: * The shifting contours of criminality and
international crimes * The tension between individual and
collective responsibility * The challenges of domestic,
international, hybrid and regional justice institutions * The
foundations of justice procedures * Approaches towards punishment
and reparation Suitable for students, academics and professionals
from multiple fields wishing to understand contemporary theories,
practices and critiques of international criminal law. This title
is also available as Open Access on Cambridge Core.
As UN Secretary-General, Dag Hammarskjoeld shaped many of the
fundamental principles and practices of international
organisations, such as preventive diplomacy, the ethics of
international civil service, impartiality and neutrality. He was
also at the heart of the constitutional foundations and principles
of the UN. This tribute and critical review of Hammarskjoeld's
values and legacy examines his approach towards international civil
service, agency and value-based leadership, investigates his vision
of internationalism and explores his achievements and failures as
Secretary-General. It draws on specific conflict situations and
strategies such as Suez and the Congo for lessons that can benefit
contemporary conflict resolution and modern concepts such as human
security and R2P. It also reflects on ways in which actors such as
international courts, tribunals and the EU can benefit from
Hammarskjoeld's principles and experiences in the fields of peace
and security and international justice.
International actors have played an active role in the
administration of territories over the past two centuries. This
book analyses the genesis and law and practice of international
territorial administration, covering all experiments from the
Treaty of Versailles to contemporary engagements such as the
conflict in Iraq. The book discusses the background, legal
framework and practice of international territorial administration,
including its relationship to related paradigms
(internationalisation, mandate administration, trusteeship
administration and occupation). This is complemented by a
discussion of four common legal issues which arise in the context
of this activity: the status of the territory under administration,
the status and accountability of administering authorities, the
exercise of regulatory powers by international administrations, and
the relationship between international and domestic actors.
Alongside surveys of the existing approaches and conceptual
choices, the book also includes relevant case-law and practice and
lessons learned for future engagements.
International actors have played an active role in the
administration of territories over the past two centuries. This
book analyses the genesis and law and practice of international
territorial administration, covering all experiments from the
Treaty of Versailles to contemporary engagements such as the
conflict in Iraq. The book discusses the background, legal
framework and practice of international territorial administration,
including its relationship to related paradigms
(internationalisation, mandate administration, Trusteeship
administration and occupation). This is complemented by a
discussion of four common legal issues which arise in the context
of this activity: the status of the territory under administration,
the status and accountability of administering authorities, the
exercise of regulatory powers by international administrations, and
the relationship between international and domestic actors.
Alongside surveys of the existing approaches and conceptual
choices, the book also includes relevant case-law and practice and
lessons learned for future engagements.
International criminal law is shaped by the influence of individual
scholars and the impact of specific rulings and legal frameworks.
This volume provides a fresh perspective on the table of contents
of international criminal law. It revisits the sources, treatment
and reception of doctrine and jurisprudence from an
inter-generational perspective. It analyses the role of scholars
and practitioners (e.g, Arendt,Damaska, Cassese) on the
conceptualisation of law and jurisprudence. Then, it assesses the
goals and scope of international criminal law, including
contemporary developments relating to the interplay between
international and domestic jurisdiction (e.g., verticality,
complementarity, gravity), the role of actors (e.g., state crime,
corporations, private military companies) and crime definitions
(aggression, child recruitment). This is followed by a review of
key concepts of individual responsibility (e.g, joint criminal
enterprise, co-perpetration, conspiracy) and procedural law (e.g.,
role of witnesses and victims, arrest). Geared to academics,
practitioners and NGOs
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.
International criminal justice relies on messages, speech acts, and
performative practices in order to convey social meaning. Major
criminal proceedings, such as Nuremberg, Tokyo, and other
post-World War II trials have been branded as 'spectacles of
didactic legality'. However, the expressive and communicative
functions of law are often side-lined in institutional discourse
and legal practice. This innovative work brings these functions
centre-stage, developing the idea of justice as message and
outlining the expressivist foundations of international criminal
justice in a systematic way. Professor Carsten Stahn examines the
origins of the expressivist theory in the sociology of law and the
justification of punishment, its articulation in practice, and its
broader role as method of international law. He shows that
expression and communication is not only an inherent part of the
punitive functions of international criminal justice, but is
represented in a whole spectrum of practices: norm expression and
diffusion, institutional actions, performative aspects of criminal
procedures, and repair of harm. He argues that expressivism is not
a classical justification of justice or punishment on its own, but
rather a means to understand its aspirations and limitations, to
explain how justice is produced and to ground punishment
rationales. This book is an invitation to think beyond the confines
of the legal discipline, and to engage with the multidisciplinary
foundations and possibilities of the international criminal justice
project.
Jus ad bellum and jus in bello are established concepts in
contemporary international law. This book is the first work to
treat the origins, contents and contemporary challenges of jus post
bellum. It offers new analysis and fresh thinking on one of the
greatest challenges of warfare and armed force: the management and
restoration of peace after conflict. Fundamental issues, such as
the extraterritorial application of human rights obligations, the
accountability of occupying powers and international organizations
and approaches towards justice and reconciliation, are at the heart
of contemporary debate. New concepts, such as the notion of
responsibility to protect are gradually emerging. This book
addresses these issues from a novel perspective. It identifies
legal gaps and policy challenges and inquires to what extent they
may be addressed under a common normative umbrella: Jus Post
Bellum. The individual contributions offer guidance on
shortcomings, directions and possible avenues of reform. In this
way, the authors - from various disciplines, such as philosophy,
legal history, political science and international law - contribute
to the emerging scholarship in this field. Carsten Stahn is a
Reader in Public International Law and International Criminal
Justice, at the Swansea University School of Law, UK. Jann K.
Kleffner is Assistant Professor at the Amsterdam University Center
of International Law, The Netherlands, and the Managing Editor of
the Yearbook of International Humanitarian Law.
This systematic, contextual and practice-oriented account of
complementarity explores the background and historical expectations
associated with complementarity, its interpretation in
prosecutorial policy and judicial practice, its context (ad hoc
tribunals, universal jurisdiction, R2P) and its impact in specific
situations (Colombia, Congo, Uganda, Central African Republic,
Sudan and Kenya). Written by leading experts from inside and
outside the Court and scholars from multiple disciplines, the
essays combine theoretical inquiry with policy recommendations and
the first-hand experience of practitioners. It is geared towards
academics, lawyers and policy-makers who deal with the impact and
application of international criminal justice and its interplay
with peace and security, transitional justice and international
relations.
As UN Secretary-General, Dag Hammarskjoeld shaped many of the
fundamental principles and practices of international
organisations, such as preventive diplomacy, the ethics of
international civil service, impartiality and neutrality. He was
also at the heart of the constitutional foundations and principles
of the UN. This tribute and critical review of Hammarskjoeld's
values and legacy examines his approach towards international civil
service, agency and value-based leadership, investigates his vision
of internationalism and explores his achievements and failures as
Secretary-General. It draws on specific conflict situations and
strategies such as Suez and the Congo for lessons that can benefit
contemporary conflict resolution and modern concepts such as human
security and R2P. It also reflects on ways in which actors such as
international courts, tribunals and the EU can benefit from
Hammarskjoeld's principles and experiences in the fields of peace
and security and international justice.
The interplay between peace and justice plays an important role in
any contemporary conflict. Peace can be described in a variety
ways, as being 'negative' or 'positive', 'liberal' or 'democratic'.
But what is it that makes a peace just? This book draws together
leading scholars to study this concept of a 'just peace', analysing
different elements of the transition from conflict to peace. The
volume covers six core themes: conceptual approaches towards just
peace, macro-principles, the nexus to security and stability,
protection of persons and public goods, rule of law, and economic
reform and accountability. Contributions engage with understudied
issues, such as the pros and cons of robust UN mandates, the link
between environmental protection and indigenous peoples, the
treatment of illegal settlements, the feasibility of vetting
practices, and the protection of labour rights in post-conflict
economies. Overall, the book puts forward a case that just peace
requires not only negotiation, agreement, and compromise, but
contextual understandings of law, multiple dimensions of justice,
and strategies of prevention. This is an open access title
available under the terms of a CC BY-NC-ND 4.0 International
licence. It is offered as a free PDF download from OUP and selected
open access locations.
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