In 1993, the United Nations Security Council set up an ad hoc tribunal to bring to trial those accused of the worst breaches of humanitarian law in the war-torn former Yugoslavia, thus setting in motion a process which has significantly raised the profile and importance of international criminal justice. Whether through a proliferation of international criminal courts and tribunals, or by the many pronouncements in domestic courts on international crimes, the patchwork of disparate rules, principles, conventions, and treaties is now taking discernible shape, and a distinct corpus of law operating across diverse cultures and varied legal traditions is rapidly emerging. Responding to these momentous developments, this new title from Routledge's Major Works series, Critical Concepts in Law, addresses the acute need for an authoritative reference work that traces the evolution of the emerging discipline of international criminal law. The learned editors aver that now is the time to take stock and make some sense of the subject's dauntingly vast literature, to identify a canon, and to engage with its key concepts. Selected by Antonio Cassese, the first President of the Yugoslavia Tribunal and the author of some of the most influential books on the subject, and a small team of noted scholars, this new four-volume collection assembles the best scholarship from the time of Nuremberg and Tokyo to the present day. The volume editors have realized an ambitious aim. Not only does International Criminal Law bring together ground-breaking material sourced from a wide range of academic journals, edited collections, textbooks, and monographs, many of which are now hard to obtain, the editors also illuminate the much broader-and fundamental-issues related to impunity, guilt, restitution, and social reconciliation. With a full index and a comprehensive introduction, International Criminal Law is an essential, authoritative, and accessible work of reference for scholar, student, and practitioner alike.

This carefully edited text collects the major documents on International Criminal Law, through the early practice after the First World War, the Nuremberg and Tokyo International Military Tribunals up to the present. It includes the statutes of the ad hoc Tribunals for the former Yugoslavia and Rwanda, as well as the Rome Statute of the International Criminal Court and its associated documents, including the elements of crimes that were adopted to assist the Court, and its Rules of Procedure and Evidence. The book also includes the main treaty provisions that provide the basis of the subject. Edited by a specialist in the field with more than twenty years' experience of teaching international criminal law, this book is designed for practical use by students and practitioners. For students it is ideal as a companion for both study and examination.

The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.

This comprehensive four-volume compilation presents seminal works from leading authors on the use of force and armed conflict, beginning with detailed analysis of the prohibition of forcible intervention, including interpretation of the rule and notable exceptions to it. In addition, the collection offers a wealth of important material on the law of armed conflict in connection with its foundations, applicability, sources, substance, practical application, and implementation. Together with an original introduction by the editors, the collection provides a thorough grounding in the law relating to the initial use of force and subsequent armed conflict, and is an essential source of reference for practitioners, academics and students alike.

The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.

This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.

The Tokyo International Military Tribunal (IMT) is not frequently discussed in the literature on international criminal law, and it is often thought that it was little more (and possibly less) than a footnote to the Nuremberg proceedings. This work seeks to dispel this widely-held belief, by showing the way in which the Tokyo IMT was both similar and different to its Nuremberg counterpart, the extent to which the critiques of the Tokyo IMT have purchase, and the Tribunal's contemporary relevance. The book also shows how the IMT needs to be treated, not just as one overarching entity, but also as being made up of different sets of people, who made up the prosecution, the defense and the judges. These different groups disagreed with each other, at times over the way in which the trial should proceed, and the book shows how each had an impact on the proceedings.
The book is a comprehensive legal analysis of the Tokyo IMT, covering its law, theory, practice and the lessons it may teach to those prosecuting and defending international crimes today. It also places the trial in its political and historical context. The work is based in part of extensive archival research undertaken by the authors, which has unearthed large quantities of documents that have previously been ignored by those who have studied the Tribunal.

This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.

Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law. The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference. The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.