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.

"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

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.

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.

Following World War Two, the progress towards international accountability and international criminal justice came to a halt as a result of the Cold War. But only three years since the end of the Cold War and forty-five years after the post-WWII prosecutions, the international community was forced to face the ethnic tensions and civil war tearing apart the republics that once comprised the former Yugoslavia. United Nations Security Council Resolution 780 (1992), appointed a Commission of Experts to investigate war crimes and crimes against humanity amounting to violations of international humanitarian law in the territory of the former Yugoslavia and it was expected that the Commission would be the historic link to the post-WWII experiences. Despite the Commission's mandate being the broadest of its kind since Nuremberg, those who opposed its work sought to hamper its success through bureaucratic and political chicanery, including the failure to fund the Commission's work. The investigation into the conflict is detailed in this book including the uncovering of 187 mass graves, the interviewing of 223 victims of rape and sexual assault, and the utilization of prison camps and mass expulsion for the purpose of ethnic cleansing. Along with the author's personal insights and insider anecdotes on the conflict, this book highlights the continuing need for the pursuit of accountability and international criminal justice in a world of thriving bureaucracy and realpolitik. The Commission broke the glass ceiling of realpolitik by fighting the hard battle that lead to the success of its mandate and to the establishment of the International Criminal Tribunal for the Former Yugoslavia. This timely work reminds us all that indeed the past is prologue.

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 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.

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.

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 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 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.

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.

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.