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There are many challenges that national and supranational judges
have to face when fulfilling their roles as guardians of
constitutionalism and human rights. This book brings together
academics and judges from different jurisdictions in an endeavour
to uncover the intricacies of the judicial function. The
contributors discuss several points that each represent
contemporary challenges to judging: analysis of judicial balancing
of conflicting considerations; the nature of courts' legitimacy and
its alleged dependence on public support; the role of judges in
upholding constitutional values in the times of transition to
democracy, surveillance and the fight against terrorism; and the
role of international judges in guaranteeing globally recognized
fundamental rights and freedoms. This book will be of interest to
human rights scholars focusing on the issues of judicial oversight,
as well as constitutional law scholars interested in comparative
perspectives on the role of judges in different contexts. It will
also be useful to national constitutional court judges, and law
clerks aiming to familiarise themselves with judicial practices
within other jurisdictions. Contributors: A. Abat i Ninet, E.
Afsah, C. Ayala, A. Barak, O. Bassok, D.T. Bjoergvinsson, W.
Hoffmann-Riem, D. Hope, D. Jenkins, H. Krunke, TJ McIntyre, M.
Scheinin, B. Tuzmukhamedov, G. Ulfstein, A. Usacka
Although rooted in a similar ideal, human rights (IHRL),
international criminal law (ICL) and international humanitarian law
(IHL) are separate fields of law, best represented as circles, each
of which overlaps with the other two. However human rights often
seems to absorb the other two, while in other situations, the lines
between human rights law and its next door neighbours are blurred
or contested.This volume consists of three main parts. The first
main part explores the convergences and divergences between IHL
and/or IHRL on the one hand, and ICL stricto sensu on the other
hand. The second part investigates the convergences and divergences
between IHRL and transnational crimes, or ICL in the broader sense,
which suppresses crimes such as drug trafficking, trafficking in
human beings and corruption through international treaties
providing for domestic enforcement. The last main part of this
volume provides the reader with novel and original insights as to
how IHRL and IHL converge and diverge by considering if and how the
norms of other branches of international law come into play and how
the European Court of Human Rights has engaged with the sometimes
contradicting norms of IHL. It furthermore analyses the
relationship between the specific IHL and IHRL norms which prohibit
arbitrary displacement and maps their interaction. Finally, the
effectiveness of States' investigations of war crimes committed by
their armed forces is evaluated by emphasising attention to the
relevant standards developed within IHRL, since IHL does not
indicate specific criteria to evaluate the effectiveness of an
investigation.
Breaking the Cycle of Mass Atrocities investigates the role of
international criminal law at different stages of mass atrocities,
shifting away from its narrow understanding solely as an instrument
of punishment of those most responsible. The book is premised on
the idea that there are distinct phases of collective violence, and
international criminal law contributes in one way or another to
each phase. The authors therefore explore various possibilities for
international criminal law to be of assistance in breaking the
vicious cycle at its different junctures.
This book tackles one of the most contentious aspects of
international criminal law - the modes of liability. At the heart
of the discussion is the quest for balance between the accused's
individual contribution and the collective nature of mass
offending. The principle of legality demands that there exists a
well-defined link between the crime and the person charged with it.
This is so even in the context of international offending, which
often implies 'several degrees of separation' between the direct
perpetrator and the person who authorises the atrocity. The
challenge is to construct that link without jeopardising the
interests of justice. This monograph provides the first
comprehensive treatment of complicity within the discipline and
beyond. Extensive analysis of the pertinent statutes and
jurisprudence reveals gaps in interpreting accessorial liability.
Simultaneously, the study of complicity becomes a test for the
general methods and purposes of international criminal law. The
book exposes problems with the sources of law and demonstrates the
absence of clearly defined sentencing and policy rationales, which
are crucial tools in structuring judicial discretion. Awarded The
Paul Guggenheim Prize in International Law 2017!
Breaking the Cycle of Mass Atrocities investigates the role of
international criminal law at different stages of mass atrocities,
shifting away from its narrow understanding solely as an instrument
of punishment of those most responsible. The book is premised on
the idea that there are distinct phases of collective violence, and
international criminal law contributes in one way or another to
each phase. The authors therefore explore various possibilities for
international criminal law to be of assistance in breaking the
vicious cycle at its different junctures.
This book tackles one of the most contentious aspects of
international criminal law - the modes of liability. At the heart
of the discussion is the quest for balance between the accused's
individual contribution and the collective nature of mass
offending. The principle of legality demands that there exists a
well-defined link between the crime and the person charged with it.
This is so even in the context of international offending, which
often implies 'several degrees of separation' between the direct
perpetrator and the person who authorises the atrocity. The
challenge is to construct that link without jeopardising the
interests of justice. This monograph provides the first
comprehensive treatment of complicity within the discipline and
beyond. Extensive analysis of the pertinent statutes and
jurisprudence reveals gaps in interpreting accessorial liability.
Simultaneously, the study of complicity becomes a test for the
general methods and purposes of international criminal law. The
book exposes problems with the sources of law and demonstrates the
absence of clearly defined sentencing and policy rationales, which
are crucial tools in structuring judicial discretion. Awarded The
Paul Guggenheim Prize in International Law 2017!
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