"The Siracusa Guidelines have appeared at an important and opportune moment. Those keen to promote accountability in conflicts around the world are increasingly relying on fact finding bodies to provide necessary documentation which will ensure that those responsible for human rights abuses are brought to justice. The 'Guidelines', developed from inputs by more than 80 experts, provide a thorough and welcome framework to ensure clarity and consistency throughout the processes of creating, investigating, reporting and follow-up for these various bodies." Karen Koning AbuZayd Commissioner, Syria UN CoI; Former High Commissioner UNRWA "The Siracusa Guidelines for fact-finding bodies derive from a wealth of combined knowledge and experience in the field. They address in a comprehensive and integrated way many essential issues which have often been inadequately dealt with or ignored. The application of the guidelines will not only improve the conduct and effectiveness of such missions but also enhance their legitimacy." Philippe Kirsch Former President, ICC; Former Ambassador and Legal Adviser, MOFA, Canada "Fact-Finding Bodies are an essential component of international, regional and national investigative processes. It is of paramount concern that they work to high and common standards. The obvious expertise and solid work of the Siracusa Committee has produced a draft of high quality, and of great practical application." Howard Morrison Judge, ICC; Former Judge, ICTY "These Guidelines are indispensable to those engaged in fact-finding and will contribute immensely to the process of international criminal justice." Hassan B. Jallow Chief Prosecutor, UNICTR/UNMICT "These guidelines are an essential resource for anybody working on issues connected with international investigation commissions in the future." Serge Brammertz Prosecutor, ICTY "Hindsight, Insight and Foresight...These Guidelines provide a wealth of wisdom for discussion and reflection." Vitit Muntarbhorn Professor of Law, Bangkok University; international human rights expert who served in several UN capacities

Since the September 11 attacks on the World Trade Center, jihad has become symbolic of the confrontation between Muslims and the West. According to popular views, jihad represents a religiously sanctioned war to propagate or defend the faith by defensive and aggressive means. However, there is not one single meaning of jihad, but many different interpretations. In the most recent decades of Islamic history, jihad was invoked as an instrument for the legitimation of political action, be it armed resistance against foreign occupation, the struggle for self-determination, or retaliatory attacks against the West. The evolution and contemporary abuses of jihad cannot be understood without a connection to the modern political context in which such action takes place. The aim of this book is thus to clarify the meanings of jihad and the manipulation of its sense since the rise of political Islam during the 1960s. Its authors address the intellectual underpinnings of the concept of jihad, and link it to the narratives and historical contexts in which jihad in its various meanings has been interpreted and applied. It draws a parallel between Islamic humanitarian tradition and international humanitarian law, challenging the distorted interpretation of peace and war in Islam. It aims also at exploring the impact that jihad has on international law and domestic law through state practice and in view of the mounting call that law should adapt to the new reality of transnational terrorism. The mixture of authors from Muslim as well as Western countries allows for a true dialogue between cultures and a diversity of views on the issue. This book is obviously highly recommended reading for academics and practitioners dealing with Islamic, national and international law and all those intrigued by and interested in the subject. Professor M. Cherif Bassiouni is Distinguished Research Professor of Law Emeritus, and President Emeritus, at the International Human Rights Law Institute, DePaul University College of Law, Chicago, Illinois. He has served the United Nations in various capacities, all in the field of humanitarian law, international criminal law and human rights law. Amna Guellali is a Senior Researcher at the department of international humanitarian and criminal law of the T.M.C. Asser Instituut, The Hague, The Netherlands.

This book is about the Egyptian people's 2011 Revolution for freedom, justice, and human dignity, and its aftermath. The Revolution succeeded in toppling the authoritarian Mubarak regime in less than three weeks. It was then co-opted by the Muslim Brotherhood through Egypt's first free and fair elections in 2012, which was in turn crushed in 2013 by a popularly supported military regime whose practices of repression negatively impacted the justice system and human rights. The problems facing the country and its people are daunting, particularly economic, demographic, and social pressures. The contextual analysis of these and other historic and contemporary issues give the reader a comprehensive understanding of what has occurred in the last five years and an insight into where the country is heading. Even though the Revolution has been suppressed and the promise of democracy shunted aside, the majority of the Egyptian people continue to hope for the unachieved dreams of social justice, human dignity, and freedom. Egypt's geopolitical importance makes it indispensable to the stability of the Middle East, and thus important to the world.

There is no limit to the number of crimes--including acts of genocide, war crimes, crimes against humanity, piracy, drug smuggling, governmental corruption and illegal intelligence gathering--committed by various national governments. In STATE CRIME, the volume editors gather together some of the best new research on state transgressions, in addition to asking senior scholars to reflect on their past research and bring it up to date.The first section of the book features a well-rounded set of cases exemplifying state criminality, including an examination of the Holocaust through a criminological framework, and a look at the illegal aggressions committed by the US army in Iraq. The second section of the book focuses on various methods for controlling these governmental transgressions, including domestic legal sanctions and also international enforcers such as the International Court of Human Rights. Contributors to this section of the book examine worldwide policies, such as the international rule against the assassination of regime elites regardless of the acts of aggression and criminality committed by them. The book taps into a previously overloked area that is most relevant for understanding what policies or responses to governmental crime would be most effective in constraining the worst acts. Contributors include leading scholars in criminology such as Ray Michalowski, David Friedrichs, and Peter Iadicola.

This innovative and important book applies classical Sunni Muslim legal and religious doctrine to contemporary issues surrounding armed conflict. In doing so it shows that the shari'a and Islamic law are not only compatible with contemporary international human rights law and international humanitarian law norms, but are appropriate for use in Muslim societies. By grounding contemporary post-conflict processes and procedures in classical Muslim legal and religious doctrine, it becomes more accessible to Muslim societies who are looking for appropriate legal mechanisms to deal with the aftermath of armed conflict. This book uniquely presents a critique of the violent practices of contemporary Muslims and Muslim clerics who support these practices. It rebuts Islamophobes in the West that discredit Islam on the basis of the abhorrent practices of some Muslims, and hopes to reduce tensions between Western and Islamic civilizations by enhancing common understanding of the issues.

Global Trends: Law, Policy & Justice is a Festschrift for Professor Giuliana Ziccardi Capaldo which offers a broad and challenging view of the changing world society and the implications of globalization for the content and structure of the law, the development of judicial institutions and the shaping of world policies. Contributions made by judges of international tribunals, scholars, and practitioners offers insights into different aspects of globalization and its implications on changes in the world system. It examines a variety of current issues relating to international law, judicial institutions and global policies, focusing on different aspects of globalization and its implications on key areas of the world system, with a particular focus on issues such as, human rights, global justice, global politics global environment and public goods.
This special edition of The Global Community Yearbook of International Law and Jurisprudence presents not only a systemic approach to changes in the world system but gives us the outline of the future evolution of the role of law, justice and policy in tomorrow's increasingly globalized society. Global Trends: Law, Policy & Justice offers the advantage of simultaneously covering new insights into the meaning and function of the concept of globalization, combined with a thorough analysis of the evolutionary trends in key areas of the world system to provide a unified vision.
Global Trends: Law, Policy & Justice is a special edition of The Global Community Yearbook of International Law and Jurisprudence, written in honor of Professor Giuliana Ziccardi Capaldo.

This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals, and the International Criminal Court. This includes both a normative and jurisprudential assessment as well as a review of doctrinal material commenting on all of the above. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010. The book constitutes a unique and comprehensive treatment of all legal and historical aspects pertaining to crimes against humanity in a single definitive volume.

This comprehensive guide covers all aspects of extradition to and from the United States, while making critical, theoretical, and practical evaluations of these aspects, and proposing alternatives. The rights of individuals, balancing of states interests, and preservation of world order within the Rule of Law form the conceptual framework of this book. The focus within U.S. practice explores the essentials involved in the executive branches treaty-making power, as implemented through its foreign relations practice, and as scrutinized by the judiciary. The Sixth Edition updates the treaties, laws, and cases cited with new content, including comparative material dealing with the European Union, cases involving the United States decided by other countries, and major decisions of the high courts of the UK, Canada, France, South Africa, Australia, Israel, Italy, and Germany. As with the prior editions, the Sixth Edition continues to expose certain questionable practices of the United States with regards to extradition.

This publication contains a survey of world conflicts that occurred between 1945 and 2008, the level of victimization they produced, and the subsequent post-conflict justice (PCJ) mechanisms which were applied. It shows the scope of the problem faced by international criminal justice (ICJ), and how the International Criminal Court (ICC) needs to shape its mission and approach to address ICJ needs and expectations. ICJ is no longer the utopian topic of only 40 years ago. After World War II, the Nuremberg and Tokyo trials were aimed at major offenders in leadership positions. Their prosecution and punishment, it was assumed, would have far reaching, deterring, and educational effects. Since 1948, however, some 310 conflicts have taken place resulting in an estimated 92 to 101 million people killed. In addition, an inestimable number of persons have been injured or have suffered psychological and material harm. Yet, for the most, perpetrators have benefited with impunity and escaped accountability. How can contemporary ICJ address such a volume of core international crimes which have generated so much victimization and material harm? Are the post-World War II assumptions still valid? Can national justice systems assume the primary task of prosecutions? What will the mission of the ICC become, and how will it acquit itself of it? These are issues which are identified within the International Guidelines on Post-Conflict Justice prepared during this project (herein referred to as the Chicago Principles). They are a set of comprehensive guidelines for how governments, international institutions, and others should respond to serious violations of human rights, as well as to promote peace and reconciliation in the aftermath of conflict. They are also an indispensable strategy within which the ICC can best function. Can it then be assumed that the ICC is likely to achieve its mission in the years to come? This two volume set - which contains the proceedings of five regional conferences in Asia, Africa, the Arab World, Europe, and Central and South America, as well as a number of thematic studies dealing with post-conflict justice - should be most instructive to the ICC. These studies also assess various PCJ experiences as a means of determining the most appropriate policy responses in the context of a comprehensive strategy. M. Cherif Bassiouni, in April 2012, received the Wolfgang Friedmann Memorial Award which is given by the Columbia Journal of Transnational Law to a distinguished scholar or practitioner who has made outstanding contributions to the field of international law.

This groundbreaking new volume provides the first comprehensive review of the Libyan conflict of 2011. The book expands on and complements the report of the Commission of Inquiry to the United Nations Human Rights Council, and provides the reader with the information essential to understanding the Libyan conflict, its causes and ramifications, and the difficulties the country faces as it rebuilds in the wake of 40 years of repression and the effects of a brutal civil war.

This impressive and unique collection of essays covers important aspects of the legal regime of the International Criminal Court (ICC). The volume begins with an analysis of the historical development of the ICC, the progressive development of international humanitarian and international criminal law by the ad hoc Tribunals and the work of mixed national/international jurisdictions. The legal and institutional basis of the ICC is then dealt with in detail, including the organs of the ICC, war crimes, crimes against humanity and crimes of aggression, modes of liability before the ICC and defences before the ICC. Part III focuses on the court at work, including its procedural rules, criminal proceedings at the ICC, penalties and appeal and revision procedures. Part IV deals with the relationship of the ICC with states and international organizations. The contributors are established scholars in the field of international criminal and humanitarian law, many of whom are practitioners in the various tribunals.

A Guide to Documents on the Arab-Palestinian/Israeli Conflicts: 1897-2008, is a comprehensive non-partisan compilation designed to provide relevant legal and historical source material pertaining to this conflict. Each document is summarized for the reader's benefit. The compilation contains all United Nations Resolutions and Reports, Treaties and Agreements, as well as historic documents that are difficult to obtain. To put the conflict into perspective, a chronology of events is provided, followed by an objective analysis of the historical background, including discussion of the various phases of the conflict, strategic considerations, and an analysis of the prospects for peace. The 690 documents summarized with official citations are the most extensive compilation covering the period from 1897 through 2008, including some key texts on Jerusalem dating back to earlier times. The documents are organized according to the conflict's major topic areas with introductory notes for each part and section. M. Cherif Bassiouni and Shlomo Ben Ami have had a long history of involvement in the peace process. Their combined expertise and personal experiences add a unique dimension to this book that will provide anyone interested in the conflict with a distinct easy-to-use comprehensive compilation of relevant documents.

Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: ContemporaryIssues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victims' Rights in International Law).

Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United NationsConvention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).

In this revised edition, Professor Bassiouni persuasively establishes the legal validity of the Nuremberg Charter and describes the evolution of crimes against humanity' from 1945 to the 1998 ICC Statute. The book's comprehensive historical and legal analysis starts with the origins of this crime in the international regulation of armed conflicts and covers the Nuremberg, Tokyo and Allied Prosecutions after World War II, and subsequent national prosecutions, as well as the Statutes of the ICTY, ICTR and their jurisprudence, and the Statute of the ICC. The Nuremberg Charter first established crimes against humanity' in positive international criminal law, but it raised lingering legal issues. The book examines the ten different international legal formulations which were developed at that time, particularly their overlap with genocide and war crimes, and sorts out the confusion regarding the legal characteristics of this crime. The meticulous and thorough analysis of all relevant legal issues, many of which are not covered elsewhere, includes: principles of legality, criminal responsibility for decision-makers and others, command responsibility, obedience to superior orders and other defences, specific contents and their counterpart in national laws, policy considerations, and the applicability of this crime to non-State actors. The wealth of information and detailed discussion of international and national prosecutions and their failures make a compelling case for more effective enforcement in the future. The author brings to this book his well-known scholarship and unique practical experiences as Chairman of the UN Commission that investigated these crimes in the former Yugoslavia, andas Chairman of the ICC's Drafting Committee in Rome. The breadth and depth of this exhaustively documented book makes it the definitive authority on crimes against humanity'.

M Cherif Bassiouni was a towering figure in international law. He was personally connected to some of the most historically relevant moments of the past century: the Suez War; the Camp David Accords; the fall of Muammar el-Qaddafi in Libya and the establishment of the International Criminal Court. A true global citizen - raised in Egypt, educated in Europe and emigrated to the United States - his life cut across cultures and religions. This fascinating memoir gives an immediate and personal eye-witness account of the operation of international events during a tumultuous period.

This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals, and the International Criminal Court. This includes both a normative and jurisprudential assessment as well as a review of doctrinal material commenting on all of the above. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010. The book constitutes a unique and comprehensive treatment of all legal and historical aspects pertaining to crimes against humanity in a single definitive volume.

There is no limit to the number of crimes--including acts of genocide, war crimes, crimes against humanity, piracy, drug smuggling, governmental corruption and illegal intelligence gathering--committed by various national governments. In STATE CRIME, the volume editors gather together some of the best new research on state transgressions, in addition to asking senior scholars to reflect on their past research and bring it up to date.The first section of the book features a well-rounded set of cases exemplifying state criminality, including an examination of the Holocaust through a criminological framework, and a look at the illegal aggressions committed by the US army in Iraq. The second section of the book focuses on various methods for controlling these governmental transgressions, including domestic legal sanctions and also international enforcers such as the International Court of Human Rights. Contributors to this section of the book examine worldwide policies, such as the international rule against the assassination of regime elites regardless of the acts of aggression and criminality committed by them. The book taps into a previously overloked area that is most relevant for understanding what policies or responses to governmental crime would be most effective in constraining the worst acts. Contributors include leading scholars in criminology such as Ray Michalowski, David Friedrichs, and Peter Iadicola.

This book is about the Egyptian people's 2011 Revolution for freedom, justice, and human dignity, and its aftermath. The Revolution succeeded in toppling the authoritarian Mubarak regime in less than three weeks. It was then co-opted by the Muslim Brotherhood through Egypt's first free and fair elections in 2012, which was in turn crushed in 2013 by a popularly supported military regime whose practices of repression negatively impacted the justice system and human rights. The problems facing the country and its people are daunting, particularly economic, demographic, and social pressures. The contextual analysis of these and other historic and contemporary issues give the reader a comprehensive understanding of what has occurred in the last five years and an insight into where the country is heading. Even though the Revolution has been suppressed and the promise of democracy shunted aside, the majority of the Egyptian people continue to hope for the unachieved dreams of social justice, human dignity, and freedom. Egypt's geopolitical importance makes it indispensable to the stability of the Middle East, and thus important to the world.

This innovative and important book applies classical Sunni Muslim legal and religious doctrine to contemporary issues surrounding armed conflict. In doing so it shows that the shari'a and Islamic law are not only compatible with contemporary international human rights law and international humanitarian law norms, but are appropriate for use in Muslim societies. By grounding contemporary post-conflict processes and procedures in classical Muslim legal and religious doctrine, it becomes more accessible to Muslim societies who are looking for appropriate legal mechanisms to deal with the aftermath of armed conflict. This book uniquely presents a critique of the violent practices of contemporary Muslims and Muslim clerics who support these practices. It rebuts Islamophobes in the West that discredit Islam on the basis of the abhorrent practices of some Muslims, and hopes to reduce tensions between Western and Islamic civilizations by enhancing common understanding of the issues.