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International criminal law is at a crucial point in its history and
development, and the time is right for practitioners, academics and
students to take stock of the lessons learnt from the past fifteen
years, as the international community moves towards an increasingly
uni-polar international criminal legal order, with the
International Criminal Court (ICC) at the helm. This unique
Research Companion takes a critical approach to a wide variety of
theoretical, practical, legal and policy issues surrounding and
underpinning the operation of international criminal law as applied
by international criminal tribunals. The book is divided into four
main parts. The first part analyses international crimes and modes
of liability, with a view to identifying areas which have been
inconsistently or misguidedly interpreted, overlooked to date or
are likely to be increasingly significant in future. The second
part examines international criminal processes and procedures, and
here the authors discuss issues such as victim participation and
the rights of the accused. The third part is a discussion of
complementarity and sentencing, while the final part of the book
looks at international criminal justice in context. The authors
raise issues which are likely to provide the most significant
challenges and most promising opportunities for the continuing
development of this body of law. As international criminal law
becomes more established as a distinct discipline, it becomes
imperative for international criminal scholarship to provide a
degree of critical analysis, both of individual legal issues and of
the international criminal project as a whole. This book represents
an important collective effort to introduce an element of legal
realism or critical legal studies into the academic discourse.
Since the establishment of the Permanent Court of Arbitration for
international dispute resolution in 1899, the number of
international courts and tribunals has multiplied and the reach of
their jurisdiction has steadily expanded. By providing a synthetic
overview and critical analysis of these developments from multiple
perspectives, this Research Handbook both contextualizes and
stimulates future research and practice in this rapidly developing
field. Made up of specially commissioned chapters by leading and
emerging scholars, the book takes a thematic and interpretive,
system-wide and inter-jurisdictional comparative approach to the
main issues, debates and controversies related to the growth of
international courts and tribunals. Its review of influential
international judgements traverses the areas of international peace
and security law, international human rights law, international
criminal law, and international economic law, while also including
critical reflection by practitioners. This nuanced review of the
latest thinking on scholarly debates and controversies in
international courts and tribunals will be both a key resource for
academic researchers and a concise introduction to the subject for
post-graduate students. Its chapters also contain topics of
practical relevance to lawyers and international decision-makers.
Contributors include: A.M. Barreto, J. Chylinski, T. Dannenbaum, W.
Elmaalul, M. Farrell, K. Gibson, J. Jones QC, M.G. Karnavas, M.M.
Mbengue, Y. Mcdermott Rees, L. Obregon, K. Oellers-Frahm, R.F.
Oppong, G. Pecorella, M. Pinto, J. Powderly, Y. Ronen, L.E. Salles,
W.A. Schabas, D. Shelton, N. Strapatsas, M. Taylor, M. Varaki
International criminal law has developed extraordinarily quickly
over the last decade, with the creation of ad hoc tribunals in the
former Yugoslavia and Rwanda, and the establishment of a permanent
International Criminal Court. This book provides a timely and
comprehensive survey of emerging and existing areas of
international criminal law. The Handbook features new, specially
commissioned papers by a range of international and leading experts
in the field. It contains reflections on the theoretical aspects
and contemporary debates in international criminal law. The book is
split into four parts for ease of reference: * The Historical and
Institutional Framework - Sets international criminal law firmly in
context with individual chapters on the important developments and
key institutions which have been established. * The Crimes -
Identifies and analyses international crimes, including a chapter
on aggression. * The Practice of International Tribunals - Focuses
on topics relating to the practice and procedure of international
criminal law. * Key Issues in International Criminal Law - Goes on
to explore issues of importance such as universal jurisdiction,
amnesties and international criminal law and human rights.
Providing easy access to up-to-date and authoritative articles
covering all key aspects of international criminal law, this book
is an essential reference work for students, scholars and
practitioners working in the field.
Beginning about a century ago, but with a dramatic acceleration of
the process in the final decades of the 1900s, international courts
and tribunals have taken a prominent place in the enforcement of
international law, the maintenance of international peace and
security and the protection and promotion of human rights. This
book addresses the great diversity of these institutions, their
structures and legal frameworks and their contribution to the
international rule of law.With an original introduction by
Professor Schabas, this important volume will be of interest to
students, academics and professionals with an interest in
international courts and tribunals. 31 articles, dating from 1935
to 2012 Contributors include: C. Brown, D. Caron, A. Cassese, E.
Decaux, L. Helfer, N. Klein, M. Lachs, M. Nowak, Y. Shany, F.
Viljoen
International criminal justice indeed is a crowded field. But this
edited collection stands well above the crowd. And it does so with
dignity. Through interdisciplinary analysis, the editors skillfully
turn shibboleths into intrigues. Theirs is a kaleidoscopic project
that scales a gamut of issues: from courtroom discipline, to
gender, to the defense, to history. Through vivid deployment of
unconventional methods, this edited collection unsettles
conventional wisdom. It thereby pushes law and policy toward
heartier horizons.' - Mark A. Drumbl, Washington and Lee
University, School of Law, USInternational criminal justice as a
discipline throws up numerous conceptual issues, engaging
disciplines such as law, politics, history, sociology and
psychology, to name but a few. This book addresses themes around
international criminal justice from a mixture of traditional and
more radical perspectives. While law, and in particular
international law, is at the heart of much of the discussion around
this topic, history, sociology and politics are invariably infused
and, in some aspects of international criminal justice, are
predominant elements. Fundamentally the exploration concerns
questions of coherence and legitimacy, which are foundational to
both the content and application of the discipline, and the book
charts an illuminating path through these diverse perspectives. The
contributions in this book come from some of the eminent scholars
and practitioners in the area, and will provide some profound
insight into and an enriched understanding of international
criminal justice, helping to advance the field of study. This
ambitious and necessary book will appeal to academics and students
of international criminal law, international criminal justice,
international law, transitional justice and comparative criminal
law, as well as practitioners of international criminal law.
Contributors include: G. Boas, I. Bonomy, R. Cryer, H. Durham, S.
Garkawe, M. Ierace, P. Morrissey, J. Potter, B. Saul, M. Scharf, G.
Simpson, G. Skillen
International criminal law and the international courts and
tribunals that administer it have witnessed a surge in interest
over the past two decades, and it occupies an increasingly
prominent position on the legal landscape. This topical research
collection, prepared by an eminent authority in international
criminal law, successfully brings together a cross-section of the
most important literature, providing a unique overview of the
discipline. Areas covered in this title include the origins of
international law, the general principles, procedure and evidence,
alternatives to prosecution as well as national systems. This
important publication will be a valuable reference tool for
scholars, academics and practitioners in the field of international
criminal law.
This book provides a timely critical overview of both the health
and trajectory of international criminal law's continuing
evolution. It represents a modest collective effort to introduce an
element of legal realism or critical legal studies into the
academic discourse.
This timely and original research review provides a comprehensive
review of the role and activities of the International Court of
Justice (the 'World Court') and its role in the important issues of
international law. Covering the courts activities, procedure and
contribution to the progressive development of international law as
well as legal disputes and advisory opinions, this original piece
proves an important and broad resource for scholars and students
alike.
Human rights violations occurring as a consequence of drug control
and enforcement are a growing concern, and raise questions of
treaty interpretation and of the appropriate balancing of
concomitant obligations within the drug control and human rights
treaty regimes. Tracing the evolution of international drug control
law since 1909, this book explores the tensions between the
regime's self-described humanitarian aspirations and its
suppression of a common human behaviour as a form of 'evil'.
Drawing on domestic, regional and international examples and case
law, it posits the development of a dynamic, human rights-based
interpretative approach to resolve tensions and conflicts between
the regimes in a manner that safeguards human rights. Highlighting
an important and emerging area of human rights inquiry from an
international legal perspective, this book is a key resource for
those working and studying in this field.
What are the critical factors that determine whether a country
replaces, retains or restores the death penalty? Why do some
countries maintain the death penalty in theory but in reality
rarely invoke it? By asking these questions, the editors hope to
isolate the core issues that influence the formulation of
legislation so that they can be incorporated into strategies for
advising governments considering changes to their policy on capital
punishment. They also seek to redress the imbalance in research,
which tends to focus almost exclusively on the experience of the
USA, by covering a range of countries such as South Korea,
Lithuania, Japan and the British Caribbean Commonwealth. This
valuable contribution to the debates around capital punishment
contains contributions from leading academics, campaigners and
legal practitioners and will be an important resource for students,
academics, NGOs, policy makers, lawyers and jurists.
International criminal law has developed extraordinarily quickly
over the last decade, with the creation of ad hoc tribunals in the
former Yugoslavia and Rwanda, and the establishment of a permanent
International Criminal Court. This book provides a timely and
comprehensive survey of emerging and existing areas of
international criminal law. The Handbook features new, specially
commissioned papers by a range of international and leading experts
in the field. It contains reflections on the theoretical aspects
and contemporary debates in international criminal law. The book is
split into four parts for ease of reference: The Historical and
Institutional Framework - Sets international criminal law firmly in
context with individual chapters on the important developments and
key institutions which have been established. The Crimes -
Identifies and analyses international crimes, including a chapter
on aggression. The Practice of International Tribunals - Focuses on
topics relating to the practice and procedure of international
criminal law. Key Issues in International Criminal Law - Goes on to
explore issues of importance such as universal jurisdiction,
amnesties and international criminal law and human rights.
Providing easy access to up-to-date and authoritative articles
covering all key aspects of international criminal law, this book
is an essential reference work for students, scholars and
practitioners working in the field.
This is the authoritative introduction to the International
Criminal Court, fully updated in this sixth edition. The book
covers the legal framework of the Court, the cases that it has
heard and that are still to come, and the political debates
surrounding its operation. It is written by one of the major
authorities on the subject, in language accessible to
non-specialists. The sixth edition brings legal references fully up
to date in light of the Court's case law. Several trials have now
been completed, with four convictions and a number of controversial
acquittals. The book also discusses the situations that the Court
is currently investigating, including Palestine, Georgia, Ukraine,
Venezuela and the UK in Iraq. It also looks into the crisis with
African states and the hostility of the United States to the
institution.
Rebuilding societies where conflict has occurred is rarely a
simple process. Where conflict has been accompanied by gross and
systematic violations of human rights, the procedure becomes very
controversial. The traditional debate on "transitional justice"
sought to balance justice, truth, accountability, peace, and
stability. The appearance of impunity for past crimes undermines
confidence in new democratic structures and casts doubt upon
commitments to human rights. Yet the need to consolidate peace
sometimes resulted in reluctance on the part of authorities --both
local and international --to confront suspected perpetrators of
human rights violations, especially when they are a part of a peace
process. Experience in many regions of the world therefore
suggested a tradeoff between peace and justice. But that is
changing. There is a growing consensus that some forms of justice
and accountability are integral to --rather than in tension with
--peace and stability. This volume considers whether we are truly
going beyond the transitional justice debate. It brings together
eminent scholars and practitioners with direct experience in some
of the most challenging cases of international justice, and
illustrates that justice and accountability remain complex, but not
mutually exclusive, ideals.
A collection of United Nations documents associated with the
drafting of the Universal Declaration of Human Rights, these
volumes facilitate research into the scope of, meaning of and
intent behind the instrument's provisions. It permits an
examination of the various drafts of what became the thirty
articles of the Declaration, including one of the earliest
documents - a compilation of human rights provisions from national
constitutions, organised thematically. The documents are organised
chronologically and thorough thematic indexing facilitates research
into the origins of specific rights and norms. It is also annotated
in order to provide information relating to names, places, events
and concepts that might have been familiar in the late 1940s but
are today more obscure.
Prior to the twentieth century, international law was predominantly
written by and for the 'civilised nations' of the white Global
North. It justified doctrines of racial inequality and effectively
drew a colour line that excluded citizens of the Global South and
persons of African descent from participating in international
law-making while subjecting them to colonialism and the slave
trade. The International Legal Order's Colour Line narrates this
divide and charts the development of regulation on racism and
racial discrimination at the international level, principally
within the United Nations. Most notably, it outlines how these
themes gained traction once the Global South gained more
participation in international law-making after the First World
War. It challenges the narrative that human rights are a creation
of the Global North by focussing on the decisive contributions that
countries of the Global South and people of colour made to anchor
anti-racism in international law. After assessing early historical
developments, chapters are devoted to The League of Nations, the
adoption and implementation of the International Convention on the
Elimination of All Forms of Racial Discrimination, the debates
within UNESCO on the notion of race itself, expansion of crimes
against humanity to cover peacetime violations, as well as
challenges to apartheid in South Africa. At all stages, the focus
lies on the role played by those who have been the victims of
racial discrimination, primarily the countries of the Global South,
in advancing the debate and promoting the development of new legal
rules and institutions for their implementation. The International
Legal Order's Colour Line provides a comprehensive history and
compelling new approach to the history of human rights law.
The International Criminal Court ushered in a new era in the
protection of human rights. The Court prosecutes genocide, crimes
against humanity, war crimes, and the crime of aggression when
national justice systems are either unwilling or unable to do so
themselves. This fifth edition of the seminal text describes a
Court which is no longer in its infancy; the Court is currently
examining situations that involve more than twenty countries in
every continent of the planet. This book considers the difficulties
in the Court's troubled relationship with Africa, the vagaries of
the position of the United States, and the challenges the Court may
face as it confronts conflicts around the world. It also reviews
the history of international criminal prosecution and the Rome
Statute. Written by a leading commentator, it is an authoritative
and up-to-date introduction to the legal issues involved in the
creation and operation of the Court.
Since the 1980s, an array of legal and non-legal practices-labeled
Transitional Justice-has been developed to support post-repressive,
post-authoritarian, and post-conflict societies in dealing with
their traumatic past. In Understanding the Age of Transitional
Justice, the contributors analyze the processes, products, and
efficacy of a number of transitional justice mechanisms and look at
how genocide, mass political violence, and historical injustices
are being institutionally addressed. They invite readers to
speculate on what (else) the transcripts produced by these
institutions tell us about the past and the present, calling
attention to the influence of implicit history conveyed in the
narratives that have gained an audience through international
criminal tribunals, trials, and truth commissions. Nanci Adler has
gathered leading specialists to scrutinize the responses to and
effects of violent pasts that provide new perspectives for
understanding and applying transitional justice mechanisms in an
effort to stop the recycling of old repressions into new ones.
Criminal justice for human rights abuses committed during periods
of political repression or dictatorship is one of the great
challenges to post-con?ict societies. In many cases, there has been
no justice at all. Sometimes serious political concerns that e?orts
at accountability might upset fragile peace settlements have
militated in favour of no action and no accountability. In many
cases, the outgoing tyrants have conditioned their departure upon a
pledge that there be no prosecutions. But thinking on these issues
has evolved considerably in recent years. Largely driven by the
view that collective amnesia amounts to a violation of fundamental
human rights, especially those of the victims of atrocities,
attention has increasingly turned to the dynamics of post-con?ict
accountability. At the high end of the range, of course, sit the
new international criminal justice institutions: the ad hoc
tribunals for the former Yugoslavia and Rwanda, the Special Court
for Sierra Leone, the various ''hybrid'' tribunals in Kosovo, East
Timor and Cambodia, and the new International Criminal Court. But
in terms of sheer numbers, the most signi?cant new institutions are
truth and reconciliation commissions. Of va- able architecture,
depending upon the prerogatives of the society in question and the
features of the past con?ict, they have emerged as a highly popular
mechanism within the toolbox of transitional justice. In some
cases, the truth commission is held out as an alternative to
criminal justice.
Criminal justice for human rights abuses committed during periods
of political repression or dictatorship is one of the great
challenges to post-con?ict societies. In many cases, there has been
no justice at all. Sometimes serious political concerns that e?orts
at accountability might upset fragile peace settlements have
militated in favour of no action and no accountability. In many
cases, the outgoing tyrants have conditioned their departure upon a
pledge that there be no prosecutions. But thinking on these issues
has evolved considerably in recent years. Largely driven by the
view that collective amnesia amounts to a violation of fundamental
human rights, especially those of the victims of atrocities,
attention has increasingly turned to the dynamics of post-con?ict
accountability. At the high end of the range, of course, sit the
new international criminal justice institutions: the ad hoc
tribunals for the former Yugoslavia and Rwanda, the Special Court
for Sierra Leone, the various ''hybrid'' tribunals in Kosovo, East
Timor and Cambodia, and the new International Criminal Court. But
in terms of sheer numbers, the most signi?cant new institutions are
truth and reconciliation commissions. Of va- able architecture,
depending upon the prerogatives of the society in question and the
features of the past con?ict, they have emerged as a highly popular
mechanism within the toolbox of transitional justice. In some
cases, the truth commission is held out as an alternative to
criminal justice.
In the immediate aftermath of the armistice that ended the First
World War, the Allied nations of Britain, France, and Italy agreed
to put the fallen German Emperor Kaiser Wilhelm II on trial, in
what would be the first ever international criminal tribunal. In
Britain, Lloyd George campaigned for re-election on the slogan
'hang the Kaiser', but the Italians had only lukewarm support for a
trial, and there was outright resistance from the United States.
During the Peace Conference, international lawyers gathered for the
first time to debate international criminal justice. They
recommended trial of the Kaiser by an international tribunal for
war crimes, and the Americans relented, agreeing to a trial for a
'supreme offence against international morality'. However, the
Kaiser had fled to the Netherlands where he obtained asylum, and
though the Allies threatened a range of measures if the former
Emperor was not surrendered, the Dutch refused and the demands were
dropped in March 1920. This book, from renowned legal scholar
William A. Schabas, sheds light on perhaps the most important
international trial that never was. Schabas draws on numerous
primary sources hitherto unexamined in published work, including
transcripts which vividly illuminate this period of international
law making. As such, he has written a book which constitutes a
history of the very beginnings of international criminal justice, a
history which has never before been fully told.
This comprehensive introduction to international criminal law
addresses the big issues in the subject from an interdisciplinary
perspective. Expert contributors include international lawyers,
judges, prosecutors, criminologists and historians, as well as the
last surviving prosecutor of the Nuremberg Trials. Serving as a
foundation for deeper study, each chapter explores key academic
debates and provides guidelines for further reading. The book is
organised around several themes, including institutions, crimes and
trials. Purposes and principles place the discipline within a
broader context, covering the relationship with human rights law,
transitional justice, punishment and the imperatives of peace.
Several tribunals are explored in depth, as are many emblematic
trials. The book concludes with perspectives on the future.
The 1948 Genocide Convention has become a vital legal tool in the
international campaign against impunity. Its provisions, including
its enigmatic definition of the crime and its pledge both to punish
and prevent the 'crime of crimes', have now been interpreted in
important judgments by the International Court of Justice, the ad
hoc Tribunals for the former Yugoslavia and Rwanda and various
domestic courts. The second edition of this definitive work, first
published in 2009, focuses on the judicial interpretation of the
Convention, relying on debates in the International Law Commission,
political statements in bodies like the General Assembly of the
United Nations and the growing body of case law. Attention is given
to the concept of protected groups, to problems of criminal
prosecution and to issues of international judicial cooperation,
such as extradition. The duty to prevent genocide and its
relationship with the emerging doctrine of the 'responsibility to
protect' are also explored.
Can there ever be justice for the Holocaust? During the
1990s--triggered by lawsuits in the United States against Swiss
banks, German corporations, insurance companies, and owners of
valuable works of art--claimants and their lawyers sought to
rectify terrible wrongs committed more than a half century earlier.
"Some Measure of Justice" explores this most recent wave of
justice-seeking for the Holocaust: what it has been, why it emerged
when it did, how it fits with earlier reparation to the Jewish
people, its significance for the historical representation of the
Holocaust, and its implications for justice-seeking in our
time.
Writings on the subject of Holocaust reparations have largely come
from participants, lawyers, philosophers, journalists, and social
scientists specializing in restitution. In "Some Measure of
Justice" Michael Marrus takes up the issue as a historian deeply
involved with legal issues. He engages with larger questions about
historical understanding and historical interpretation as they
enter the legal arena. Ultimately this book asks, What constitutes
justice for a great historic wrong? And, Is such justice possible?
Winner, Helen and Stan Vine Canadian Jewish Book Award for
Holocaust Literature
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