Public international law: criminal law Books

Book SynopsisThis book provides a critical introduction to the core elements of international criminal law. It does so by provoking thought on what international criminal law is, or could be, by contrasting the practice of widely recognised state-based actors and institutions such as the International Criminal Court with practices associated with non-state actors in particular citizens' tribunals.International criminal law is now established as an essential legal and institutional response to atrocity. However, it faces a series of political and practical challenges. It is vital to consider its limits and potential, as well as the ways and extent to which those limitations might be addressed. Many actors with very different visions of its nature and parameters play a role in shaping the meaning of international criminal law whether that be in official or unofficial spaces.This book explores the principles and institutions of international criminal law alongside the alterna

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Book SynopsisThe third edition of International Criminal Law expounds the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law, bringing the political and human contexts to the fore.Table of ContentsPART I: INTRODUCTION; PART II: SUBSTANTIVE CRIMINAL LAW; SECTION I: INTERNATIONAL CRIMES; SECTION II: MODES OF CRIMINAL LIABILITY; SECTION III: CIRCUMSTANCES EXCLUDING CRIMINAL LIABILITY; PART III: PROSECUTION AND PUNISHMENT; SECTION I: INTERNATIONAL AND NATIONAL CRIMINAL JURISDICTION; SECTION II: INTERNATIONAL CRIMINAL TRIALS

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Book SynopsisThis edited volume addresses the broader aspects of the political and social landscape, human rights violations, accountability and advocacy efforts, and humanitarian challenges faced by the Rohingya from Myanmar. The work brings together different voices of legal, policy, and international affairs experts to construct a framework which addresses the complex and nuanced issues comprising the Rohingya crisis. Although there is recognition that international legal mechanisms are moving forward more quickly than anticipated, these processes do not constitute standalone sustainable solutions. Myanmar's myriad political, social cohesion, development and security challenges are likely to persist even as justice and accountability processes move forward. Thus, this book project is premised on the consensus that the international community should complement international justice mechanisms by looking toward creative and multi-faceted approaches in addition to justice and accountabiliTable of ContentsIntroduction: The Complex Rohingya Humanitarian Crisis Manzoor Hasan, Syed Mansoob Murshed and Priya Pillai Theme 1: The Rohingya Crisis and Myanmar’s Social and Political Landscape 1. Political-Legal Considerations of the Rohingya Refugee Situation: Seeking Accountability, Relief and Solutions Brian Gorlick 2. The double burden of lives in camps: Stateless Rohingya communities in Bangladesh and their multiple displacements Sadaf Noor E Islam and Nayanika Mookherjee Theme 2: Justice and Accountability 3. A Tale of Two International Law Principles: Ensuring Justice and Accountability for the Rohingya Quazi Omar Foysal 4. Who speaks for the Rohingya? Ideals and Realities of Intervention before the World Court Brian McGarry 5. Racialised Denationalisation as Apartheid Michelle Foster and Jade Roberts 6. Identifying ‘Other Argentinas’: Variables in Considering Universal Jurisdiction Forum States Jennifer Keene-McCann and Aakash Chandran 7. A "Patchwork Quilt" of Fact-finding and International Accountability in Myanmar Priya Pillai Theme 3: Toward Sustainable Solutions: Multi-faceted Engagements for Concrete Action 8. Are you real, seriously? Ethical dilemmas of an online role play on the Rohingya crisis Helen Hintjens, Md. Mizanur Rahman and Ron Linser 9. NGO roles in achieving Transitional Justice for crimes against the Rohingya Tonny Raymond Kirabira and Emma Palmer 10. Re-envisioning the Responsibility to Protect for the Rohingya Context Ahmed Shafquat Hassan

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Book SynopsisHelmersen examines the significance of teachings in the decision-making of judges at the International Court of Justice, suggests why judges do (or do not) use teachings, and compares how the Court's practice differs from other courts.Table of Contents1. Introduction; 2. The ICJ statute article 38(1); 3. The general role of teachings in the ICJ; 4. Variations between works; 5. Variations between judges; 6. Concluding reflections; Appendices; Bibliography; Index.

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Book SynopsisUsing real-life case studies this important book from a leading youth justice expert uncovers the shocking failures in our legal system that are impacting on the lives of so many of our young people.No new parent expects their offspring’s childhood to be tainted by arrest or conviction. That only happens to other people’s kids, right? Wrong. In this compelling book, written by one of Britain’s top experts in youth justice, Aika Stephenson reveals the extraordinary cases she deals with daily. From the obviously vulnerable to the A-grade student from a stable upbringing, Just for Kids Law, the campaigning charity co-founded by Stephenson in 2007, has helped thousands of children and young people overcome the difficulties they face.Aika says: ‘Every day in my job is an adventure, a battle for justice, heart-breaking, and a joy. But very few people truly understand the law that dictates the lives of our young people, an

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Book SynopsisContemporary feminist advocacy in human rights, international criminal law, and peace and security is gripped by the issue of sexual violence in conflict. But it hasn't always been this way. Analyzing feminist international legal and political work over the past three decades, Karen Engle argues that it was not inevitable that sexual violence in conflict would become such a prominent issue. Engle reveals that as feminists from around the world began to pay an enormous amount of attention to sexual violence in conflict, they often did so at the cost of attention to other issues, including the anti-militarism of the women's peace movement; critiques of economic maldistribution, imperialism, and cultural essentialism by feminists from the global South; and the sex-positive positions of many feminists involved in debates about sex work and pornography. The Grip of Sexual Violence in Conflict offers a detailed examination of how these feminist commitments were not merely deprioritized, but undermined, by efforts to address the issue of sexual violence in conflict. Engle's analysis reinvigorates vital debates about feminist goals and priorities, and spurs readers to question much of today's common sense about the causes, effects, and proper responses to sexual violence in conflict. Trade Review"The Grip of Sexual Violence is required reading for understanding how some powerful feminist approaches to international criminal law have produced more problems than solutions. Engle's brilliant and nuanced critique asks us to urgently reconsider the colonial, racial, and cultural assumptions and erasures of such feminism and offers a different path for feminist legal internationalism."—Inderpal Grewal, Yale University"Karen Engle provides a masterful critical account of the politics of 'common sense' that informs feminist interventions in international law. Her incisive analysis of how the discourse on sexual violence in conflict has come to be based on negative images of sex and sexuality and troubling assumptions about gender, war, and peace marks an invaluable and timely contribution to the field."—Ratna Kapur, Queen Mary University of London, School of Law"Engle's brilliant book shows how concern with sexual violence displaced and undermined feminist movements for geopolitical peace and equality, risking a regulatory vision for female bodies instead of a 'sex positive' one. Engle reopens fateful choices and closes with an inspiring vision of a different feminism and a different international law."—Samuel Moyn, author of Not Enough: Human Rights in an Unequal World"Karen Engle has long been a perceptive critic of the ways in which feminists call on international institutions to support feminist causes. Here, she offers a remarkable case study of how ideas and concepts travel and transform, making a powerful argument for a more nuanced account of gender, sex and conflict, which takes the complexity of human experience into account."—Hilary Charlesworth, Melbourne Law School and The Australian National University"Engle critiques the pattern of focusing on wartime sexual violence in order to call for more violence through military intervention.[This] book is well researched, creative, and provocative. Recommended."—D. P. Forsythe, CHOICE"Karen Engle is one of the most remarkable scholars of human rights movements today. Her work has long questioned what are generally perceived [as] some of the greatest successes of human rights and international law, not least in relation to indigenous rights, feminist advocacy and international criminal law....For its potential to inspire new activism and fresh research, The Grip of Sexual Violence in Conflict is doubtless a pivotal contribution to critical scholarship on human rights and feminism."—Mattia Pinto, London Review of International Law"Engle's work is an inspiring and groundbreaking analysis that deserves further in-depth discussions... [The Grip of Sexual Violence in Conflict] is a provocative analysis of the most controversial issues related to feminism, gender, and war that have preoccupied feminist scholars and legal practitioners alike over the past three decades. Engle touches sensitive issues relating to the essence of the book's central argument, and provides convincing answers to many questions, while sometimes leaving the door ajar on issues that were, and still are, under discussion."—Hilmi M. Zawati, Journal of International Criminal Justice

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Book SynopsisThe international community''s efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. Former child soldiers experience challenges readjusting to civilian life. Reintegration is complex and eventful. The homecoming is only the beginning. Reconciliation within communities afflicted by violence committed by and against child soldiers is incomplete. Shortfalls linger on the restorative front.The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. Current humanitarian discourse sees child soldiers as passive victims, tools of war, vulnerable, psychologically devastated, and not responsible for their violent acts. This perception has come to suffuse international law and policy. Although reflecting much of the lives of child soldiers, this portrayal also omits critical aspects. This book pursues an alternate path by reimagining the child soldier. It approaches child soldiers with a more nuanced and less judgmental mind.This book takes a second look at these efforts. It aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. Along the way, Drumbl questions central tenets of contemporary humanitarianism and rethinks elements of international criminal justice. This ground-breaking book is essential reading for anyone committed to truly emboldening the rights of the child. It offers a way to think about child soldiers that would invigorate international law, policy, and best practices. Where does this reimagination lead? Not toward retributive criminal trials, but instead toward restorative forms of justice. Toward forgiveness instead of excuse, thereby facilitating reintegration and promoting social repair within afflicted communities. Toward a better understanding of child soldiering, without which the practice cannot be ended. This book also offers fresh thinking on related issues, ranging from juvenile justice, to humanitarian interventions, to the universality of human rights, to the role of law in responding to mass atrocity.Trade ReviewMark Drumbls newest book is an excellent contribution to the topical study of child soldiers, a field caught up in debate regarding the responsibility or lack of responsibility that child soldiers may bear for the acts of atrocity of which they are causal agents. * Kirsten J. Fisher, Political Studies Review *Reimagining Child Soldiers in International Law and Policy provides a springboard for a re-think of policies that might be steering discussion of the child soldier phenomenon in the wrong direction. The book tackles the issue from many angles in order to uncover a more profound conception of justice than current thinking might allow ... the book has and will continue to trigger meaningful debate. Any interested reader will be challenged, inspired, set free from the constraints of conventional wisdom and cast off on a personal re-imaginative journey. The book certainly offers much more than an unpacking of the international law and policy reaction to child soldiers and a repacking into different boxes. * Nina H B Jørgensen, International Law and Policy *By drawing on different methodologies and research from diverse disciplines, Drumbl goes beyond the traditional approach adopted by international lawyers and thus offers a broader and more detailed examination of child soldiering than other works in this area. Additionally, his willingness to confront the often uncomfortable reality of children's voluntary participation both in armed conflict and, to a much smaller degree, in atrocities, is to be welcomed. As such, this study is an invaluable source for academics and students interested in this highly topical and controversial issue as well as for law and policy-makers involved in initiatives addressing the child soldier phenomenon. * Jastine Barrett, BYIL *... Drumbl's book is without question a fundamental contribution to the international legal discourse on child soldiering, not least because it lays bare our conceptual tunnel vision before trying to reinvigorate this discourse through the presentation of salient data from previously overlooked disciplines. It is therefore essential reading for anyone seeking to prevent and respond to the practice of child soldiering. * Leena Grover, Global Law Books, *Table of Contents1. Coming of Age in Atrocity ; 2. Children Who Soldier: Practices, Politics, and Perceptions ; 3. Not So Simple ; 4. Child Soldiers and Accountability ; 5. Unlawful Recruitment and Use of Children: From Proscription to Prevention ; 6. Rights, Wrongs, and Transitional Reconstruction ; 7. Reinvigorating the International Legal Imagination

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Book SynopsisThis book addresses the issue of the timing of transitional justice policies in countries that had negotiated transitions from authoritarianism to democracy.Why are transitional justice measures often being implemented decades after the events they refer to? More specifically, what combination of factors leads to the implementation of transitional justice policies at certain moments in time? And, what explains countries' different choices and trajectories? To address these questions, this book pursues a comparative analysis of three cases: comparing a case of robust' implementation of transitional justice measures (Uruguay), a case where only victim-centered measures were approved (Spain), and a case that sits in between these two (Brazil). Through an in-depth empirical analysis of these specific country-cases, and focusing on seven different transitional justice initiatives, the book identifies the determinants behind delayed transitional justice policies and explains why suTable of ContentsAcknowledgments Introduction PART IConceptual and theoretical framework 1 Definition and operationalization of transitional justice: The Transitional Justice Scale 2 Theoretical framework: A holistic approach to delayed transitional justice PART IITransitional justice trajectories in context 3 Spain: From deliberate forgetting to limited acknowledgment 4 Uruguay: From blockage to criminal accountability 5 Brazil: From a marginal issue to the ‘right to truth’ PART IIIComparative analysis 26 Making sense of the timing of transitional justice 7 Making sense of differences in countries’ trajectories Conclusion Annex Index

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Book SynopsisIntroduction written by Professor Benjamin B FerenczThis challenging volume examines the jurisprudence of international criminal justice from various points of view.

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Book SynopsisHow did a powerful concept in international justice evolve into an inequitable response to mass suffering?For a term coined just seventy-five years ago, genocide has become a remarkably potent idea. But has it transformed from a truly novel vision for international justice into a conservative, even inaccessible term? The Politics of Annihilation traces how the concept of genocide came to acquire such significance on the global political stage. In doing so, it reveals how the concept has been politically contested and refashioned over time. It explores how these shifts implicitly impact what forms of mass violence are considered genocide and what forms are not. Benjamin Meiches argues that the limited conception of genocide, often rigidly understood as mass killing rooted in ethno-religious identity, has created legal and political institutions that do not adequately respond to the diversity of mass violence. In his insistence on the concept’s complexity, he does not undermine the need for clear condemnations of such violence. But neither does he allow genocide to become a static or timeless notion. Meiches argues that the discourse on genocide has implicitly excluded many forms of violence from popular attention including cases ranging from contemporary Botswana and the Democratic Republic of Congo, to the legacies of colonial politics in Haiti, Canada, and elsewhere, to the effects of climate change on small island nations. By mapping the multiplicity of forces that entangle the concept in larger assemblages of power, The Politics of Annihilation gives us a new understanding of how the language of genocide impacts contemporary political life, especially as a means of protesting the social conditions that produce mass violence.Trade Review"Concepts are always political—and perhaps never more so than when they classify and rank the evils that can befall human beings. Benjamin Meiches’s extraordinary genealogy of the notion of genocide since its coinage during World War II is especially welcome, blending empirical cases, historical perspectives, and theoretical considerations in an ideal fashion. Emphasizing the lability of this concept before it was fixed in our time, for better or worse, Meiches shows how talk of genocide has allowed for moralizing in a violent world, even as it obstructs other perspectives that the future will require." —Samuel Moyn, Yale Law School"A well-written, cogently argued, significant contribution to a nuanced understanding of how the idea of genocide has emerged and why it matters to world politics."—CHOICE"A far-reaching critique of mainstream presumptions in the field and beyond, Annihilation presents theoretically-sophisticated engagements with a vast array of genocide scholarship backed by numerous case studies."—PoLAR"The Politics of Annihilation is a valuable contribution to current scholarship on genocide, considerably expanding the scope of the field. Its originality is compounded by an extensive and demonstrable breadth of knowledge, and its critical appraisal makes it both a pertinent resource and a rich point of departure for future research."—H-Net Reviews"The Politics of Annihilation is a wide-ranging and insightful deep dive into the contested, often controversial, and complex discursive politics of genocide."—The Review of Politics "Meiches has successfully provided a deep dive into discursive tussles and contestations that have unfolded underneath the ‘stable’ assumptions of the concept of genocide as we know it, highlighting not only the fluid ground on which much of our understanding of the concept rests, but also how these assumptions shape action."—International Affairs Table of ContentsContentsIntroduction: Genocide as Political DiscoursePart I. The Concept and Its Powers1. Groups, Paradoxes of Identity, and the Racialization of Global Politics2. Parts, Wholes, and the Erasure of Indigenous Life3. Destruction and the Creativity of Violence4. Desire, International Law, and the Problem of Unintentional GenocidePart II. The Politics of Genocide5. The Logistics of Prevention and the Fantasy of Preemption6. Genocide as Politics and the Horror of Plasticity7. The Sense of Genocide and the Politics of the FutureAcknowledgmentsNotesIndex

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Book SynopsisA comprehensive source of the most authoritative statements of the International Criminal Court''s appellate jurisprudence. Its clear format includes commentaries followed by excerpts of the decisions and judgments, carefully selected by lawyers based on their relevance and grouped by topic. It provides a practical background to the International Criminal Court''s appellate jurisprudence from experienced current and former Appeals Counsel of the Office of the Prosecutor of the Court, highlighting pertinent issues. In doing so, readers are given the tools to discern the meaning of the case law themselves, while attention is drawn to the most important developments in the jurisprudence. This text presents an authoritative and comprehensive digest of the Appeals Chamber''s jurisprudence, bringing the relevant case extracts together for the first time with clear and informative commentary.Trade Review'Prepared by experienced litigators, this timely digest offers an extremely useful inside view of the first fifteen years at the ICC. It helps to understand the responses already given by the Court to some key challenges and will contribute to identify ways and means to enhance its future work.' Silvia Fernández de Gurmendi, Former ICC President and Judge at the ICC Appeals Chamber'Judicial reasoning in the form of appeal court decisions is an essential source of any developing jurisprudence. This compendium of case law from the superior tribunal in the international criminal jurisdiction is not only a credit to its authors but a testament to the maturity of the ICC. Its content is essential distillations of principle and practice. Its structure is imaginative and theorized around the unique features of justice expanded in the preamble. This compilation fills a void in much more than substantive legal commentary. The value of the book will be measured by its application in the critical development of a genuine international criminal law.' Mark Findlay, Singapore Management University'A daunting task for international criminal lawyers is to understand the true significance of the ICC's extensive and developing appellate jurisprudence, and to distinguish deep-rooted trends from passing aberrations. This text shines a brilliant and highly authoritative light on the burgeoning case law, and it will immediately become the indispensable guide for practitioners.' Lord Justice Adrian Fulford, Investigatory Powers Commissioner (UK) and Presiding Judge at the ICC Trial Chamber in the Lubanga Case'Comprehensive, richly detailed and impeccably authoritative, this is an essential reference on the interpretation of the Rome Statute. It also testifies to the already huge contribution of the Appeals Chamber to the development of international criminal law.' William Schabas, Middlesex University, LondonTable of ContentsPart I. Interpretation and Structural Issues; Part II. Jurisdiction and Admissibility; Part III. Cooperation and Judicial Assistance; Part IV. Arrest and Detention; Part V. Charges and Confirmation Hearing; Part VI. Disclosure and Redactions; Part VII. The Protection of Victims and Witnesses; Part VIII. Fairness, Expeditiousness of the Proceedings, and Rights of the Accused; Part IX. Offences against the Administration of Justice and Misconduct before the Court; Part X. Conduct of Trials; Part XI. Sentencing; Part XII. Reparations; Part XIII. Victim Participation in the Proceedings; Part XIV. Substantive Law; Part XV. Conduct of Appeals; Part XVI. Miscellaneous Procedural Issues; .

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Book SynopsisA novel and robust framework for the operational and legal analysis of recovering fugitives abroad, Bringing International Fugitives to Justice addresses how states, working alone, in cooperation, or with third-party intervention, strive to secure the custody of fugitives in order to bring them to justice - for prosecution or punishment purposes - while evaluating the lawfulness of those pursuit efforts. The book introduces redefined terms and new concepts to add precision to the discourse; sets forth comprehensive typologies, including of extradition arrangements and impediments; and provides a mapping to account for the full range of means and methods - extradition, collateral and remedial approaches to extradition, and full-scale and fallback alternatives to extradition -by which international fugitives can be retrieved. The study considers the judicial, diplomatic, and policy consequences of reliance on the more aggressive or controversial alternatives, proffering recommendations that, if adopted, could facilitate the recovery of fugitives while minimizing associated risks.Trade Review'Bringing International Fugitives to Justice provides an in-depth and very nuanced discussion of the policies and practical issues concerning extradition and the alternatives. It excels in combining law, diplomacy, and practical aspects concerning the field. It is well researched and annotated. The author's background in government, private practice, and academia enables him to capture well the many issues with which practitioners and policy-makers must grapple. The comprehensive approach to this subject will make it invaluable to a wide variety of professionals.' Bruce Zagaris, Partner, Berliner, Corcoran and Rowe, LLP, Washington, DC, and Editor-in-Chief, International Enforcement Law Reporter'This is indeed a timely work by a writer with extensive knowledge and relevant experience. Thoroughly examining the nature and scope of extradition, it covers such critical issues as remedial means to secure extradition and the alternatives to extradition, including unilateral measures. It seeks to provide a new analytical framework for understanding the operational means available to a state wishing to bring a fugitive to justice and is thoughtful, proactive, and practical. A study sure to prove influential in a fast-moving and difficult environment.' Malcolm N. Shaw, QC, Senior Fellow, Lauterpacht Centre for International Law, University of Cambridge, and Practicing Barrister, Essex Court Chambers, London'This is an excellent one-volume analysis of myriad ways that states pursue custody of persons located abroad, through extradition and alternative (sometimes controversial) tactics. Unlike other studies, Sadoff does not focus on a particular state or region, but instead addresses the relevant law, politics, and practice from a global perspective.' Sean D. Murphy, Patricia Roberts Harris Research Professor of Law, George Washington University, and Member, UN International Law CommissionTable of ContentsIntroduction; Part I. Background Context: 1. Core terminology: a fresh look; 2. Subject matter jurisdiction; 3. 'Silver platter' scenarios; Part II. Extradition and its Impediments: 4. Extradition; 5. Impediments I: legal standards and governmental factors; 6. Impediments II: individual status and circumstances; 7. Impediments III: inter-state relations and sensitivities; Part III. Remedial and Collateral Means to Secure Extradition: 8. Initiatives, inducements, and interventions; Part IV. Fallback Alternatives to Extradition: 9. Partial or redirected alternatives; Part V. Full-Scale Alternatives to Extradition: 10. Alternative I: reliance on immigration laws; 11. Alternative II: informal law enforcement cooperation; 12. Alternative III: unilateral measures; Part VI. Post-Return Review, Recourse, and Impact: 13. Judicial, diplomatic, and policy dimensions; Conclusion; Glossary; Bibliography; Index.

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Book SynopsisThe 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.Table of Contents1. Creation of the Court; 2. The Court becomes operational; 3. Jurisdiction; 4. Triggering the jurisdiction; 5. Admissibility; 6. General principles of criminal law; 7. Investigation and pre-trial procedure; 8. Trial and appeal; 9. Punishment; 10. Victims of crimes and their concerns; 11. Structure and administration of the Court; Appendices: Appendix 1. Rome Statute; Appendix 2. States parties and signatories; Appendix 3. Declarations and reservations; Appendix 4. Objections.

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Book SynopsisSince its establishment at the turn of the century, a central preoccupation of the International Criminal Court (ICC) has been to catalyse the pursuit of criminal accountability at the domestic level. Drawing on ten years of research, this book theorizes the ICC''s principle of complementarity as a transnational site and adaptive strategy for realizing an array of ambitious governance goals. Through a grounded, inter-disciplinary approach, it illustrates how complementarity came to be framed as a ''catalyst for compliance'' and its unexpected effects on the legal frameworks and institutions of three different ICC ''situation countries'' in Africa: Uganda, Kenya, and the Democratic Republic of Congo. Linking complementarity''s law and practice to contemporary debates in international law and relations, the book unsettles international law''s dominant progressive narrative. It urges a critical rethinking of the ICC''s politics and a reorientation towards international criminal justice as a project of global legal pluralism.Trade Review'De Vos' careful, rich, and well-informed study of the complementarity regime of the International Criminal Court shines by claiming neither too little nor too much. Illuminating how international justice interacts with national processes in three places, and how the first can catalyze the second, he concludes with a persuasive call to hopeful modesty about expectations.' Samuel Moyn, Henry R. Luce Professor of Jurisprudence and Professor of History, Yale University'Christian De Vos detoxes the ICC from its demons. He does so gently, respectfully, wisely, and firmly. He delivers the most sophisticated, insightful, and compelling assessment currently available about the ICC and its strained, awkward relationships with others. And, De Vos builds, too, beautifully, by charting a path forward. His book stands tall. It has soul. It flows with roll, pitch, and yaw: De Vos delivers a gleaming must-read.' Mark A. Drumbl, Class of 1975 Professor of Law, Director, Transnational Law Institute, Washington and Lee University'With an exquisite analysis of the ICC's catalytic impact in Uganda, the Democratic Republic of the Congo and Kenya, Complementarity, Catalysts, Compliance offers a brilliant analysis of the changes in complementarity as we know it. Christian De Vos' rethinking of its role in practice contributes a deeply insightful understanding of the transformation of international justice in the contemporary period. With breadth, depth and analytic innovation, this is a tour de force - a must read in international justice scholarship!' Kamari Clarke, Professor of Anthropology at the University of California, Los Angeles'De Vos has written an exceptional book. Complementary, Catalysts, Compliance evinces a masterful use of interdisciplinary techniques to illuminate how the International Criminal Court - and the idea of the Court - have been constructed, thwarted, re-imagined and transformed, as well as the dynamic actors and political contexts that have shaped these processes. With unflinching honesty, the book tests the scholar's insights against richly researched and analyzed case studies; these, in turn, provide a rich seedbed for prescription. More than a brilliant intellectual account - though it is surely that - Complementary, Catalysts, Compliance offers valuable guidance for policy-makers and those who work on the front-lines of post-conflict justice.' Diane Orentlicher, Professor of International Law, American University'This erudite and insightful book explores a fundamental question: Can international criminal justice be truly global? Deftly exploring the International Criminal Court in light of its potential and parameters, its cases and constraints, De Vos illuminates the tensions a faraway court poses for the workings of rule of law on the ground. A must read for scholars and policy analysts alike.' Ruti Teitel, Ernst C. Stiefel Professor of Comparative Law, New York Law School'Christian De Vos has done the seemingly impossible: write a book two decades into the ICC's existence that says something new about the Court's foundational principle, complementarity. In this meticulously researched and beautifully written book, De Vos demonstrates that the principle of complementarity has generally catalyzed domestic accountability mechanisms not by policing how states prosecute international crimes, but by encouraging non-state actors to promote - sometimes for good, sometimes for ill - a global norm of accountability. All future work on complementarity will have to grapple with this counterintuitive insight.' Kevin Jon Heller, Associate Professor of International Law, University of Amsterdam'Justice is best done, where possible, at home. That sentiment underlies the idea of complementarity, at the International Criminal Court and elsewhere. De Vos explores the relationship between national legal and political processes and the work of the ICC, grounding his sophisticated analysis and nuanced conclusions in field research as well as legal and political theory. It turns out that the idea of international justice as a catalyst for national justice is more challenging and complicated than first thought. This exploration of those complexities moves the discussion forward, while telling a set of compelling stories about the many paths to justice.' Naomi Roht-Arriaza, Albert Abramson Distinguished Professor of Law, University of California'Christian De Vos brings fresh insights to the raging debates around the International Criminal Court in Africa. His rigorous analysis of the ICC's operations in Uganda, the DRC and Kenya uncovers rich and surprising findings across these cases, showing how widely the Court's effects have varied depending on the domestic context. As the ICC enters its third decade of operation, his conclusion that the ICC's practice of complementarity has catalysed African civil society much more than national judiciaries - the Court's intended audience - demands urgent consideration.' Phil Clark, Professor of International Politics, SOAS University of London'… De Vos manages to capture the political dimensions of prosecution efforts for serious crimes as few have done before him. His study is a fascinating account of how complementarity has taken on multiple identities over the last decade. It plunges us into the meander of internal … and external factors … that have successively influenced these multiple identities. The study reveals how each of these identities, in turn, influenced the behavior of actors involved in national prosecution efforts. The most original contribution of his study lies in the revelation of the versatility of complementarity … If complementarity allows the ICC to project its proverbial shadow, this book urges us to consider the source of its light.' Pascal Kambale, Senior Advisor, Africa Regional Office, Open Society Foundations'Complementarity, Catalysts, Compliance is a welcome and significant contribution to the literature on the International Criminal Court and international justice more broadly … it would be wise for practitioners of international justice to read [this book], draw on its lessons and insights, and direct their efforts accordingly.' Stephanie Williams, New York University Journal of International Law and Politics'… this beautifully written book offers its readers a very rich analysis of the socio-political context of complementarity and implementation of the Rome Statute. It is highly recommended to any person interested in how international and local actors interact in the repression of mass atrocity crimes.' Bernard Ntahiraja, Nordic Journal of Human RightsTable of Contents1. Introduction; Part I. The ICC and Complementarity: Evolutions, Interpretations, Implementation: 2. Tracing an idea, constructing a norm: complementarity as a catalyst; 3. Mirror images? Complementarity in the courtroom; 4. Leveraging the Hague: complementarity and the Office of the Prosecutor; Part II. The ICC in Uganda, Kenya, and the Democratic Republic of Congo: 5. Compliance and performance: implementation as domestic politics; 6. Competing, complementing, copying: domestic courts and complementarity; 7. Catalysing opportunity: complementarity and domestic proceedings; 8. Conclusions and recommendations.

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Book SynopsisIn Red Zones, Marie-Eve Sylvestre, Nicholas Blomley, and Céline Bellot examine the court-imposed territorial restrictions and other bail and sentencing conditions that are increasingly issued in the context of criminal proceedings. Drawing on extensive fieldwork with legal actors in the criminal justice system, as well as those who have been subjected to court surveillance, the authors demonstrate the devastating impact these restrictions have on the marginalized populations - the homeless, drug users, sex workers and protesters - who depend on public spaces. On a broader level, the authors show how red zones, unlike better publicized forms of spatial regulation such as legislation or policing strategies, create a form of legal territorialization that threatens to invert traditional expectations of justice and reshape our understanding of criminal law and punishment.Trade Review'A brilliant contribution to criminal law and criminal law theory! In their remarkable empirical and legal study on Red Zones, Marie-Eve Sylvestre and her colleagues, Nicholas Blomley and Céline Bellot, show how the quotidian forms of law's technical practices - such as bail and probation supervision - have a momentous impact on the administration of the criminal law, on punishment practices, and on our own understandings and expectations of justice. Chock full of insights about how these practices function to regulate the poor and create both spatial and temporal effects that make rights arguments and resistance far more difficult, Red Zones is a must read for anyone studying criminal law, criminal law theory, and policing.' Bernard E. Harcourt, Isidor and Seville Sulzbacher Professor of Law, Columbia University'A huge contribution to criminology and to urban geography, this book shows, with vast amounts of data, that low-level judicial proceedings such as bail act in a dysfunctional manner by imposing unrealistic spatial prohibitions on those who most need to access services and friends in stigmatized downtown areas. The far-ranging empirical research, carried out mainly in Vancouver and Montreal, is of great relevance not only across Canada but throughout North America, since the practice of imposing 'red zones' (spatial prohibitions) through probation, parole and other lower-court and police mechanisms has become ubiquitous.' Mariana Valverde, University of Toronto'Red Zones is a highly original and ground-breaking book that compellingly reveals how marginalized peoples are increasingly governed through territory and time via criminal law and justice processes. Its rare combination of legal theory and rich empirical data will appeal to legal scholars, criminologists and geographers alike.' Randy K. Lippert, University of WindsorTable of ContentsList of figures; List of maps; List of tables; Acknowledgments; Table of cases; Table of legislation; 1. Navigating the territories of the law; Part I. Foundations: 2. Law and territory, a legal geography; 3. 'Recognizances to keep the peace and be of good behaviour': the legal history of red zones and conditions of release; Part II. Expansion: 4. Territory widening; 5. The shifting and expanding terrain of criminal justice management; Part III. Territorialization and its Consequences: 6. Territorializing: how legal territory is made and justified; 7. Conditional life inside the red zone; 8. Red zoning politics; Conclusion; 9. Red zones in and out of the courtroom; Bibliography; Index.

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Table of ContentsContributors Foreword by Diane Marie Amann and Margaret M. deGuzman Introduction William Schabas: Portrait of a Scholar/Activist Extraordinaire Roger S. Clark I. Human Rights Chapter 1: Human Rights and International Criminal Justice in the Twenty First Century: The End of the Post-WWII Phase and the Beginning of an Uncertain New Era M. Cherif Bassiouni Chapter 2: William Schabas, the Canadian Charter of Rights and Freedoms and International Human Rights Law Thomas A. Cromwell and Bruno Gélinas-Faucher Chapter 3: The International Convention on the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty Emmanuel Decaux Chapter 4: The Politics of Sectarianism and its Reflection in Questions of International Law & State Formation in The Middle East Kathleen Cavanaugh and Joshua Castellino II. Capital Punishment Chapter 5: International Law and the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change? Sandra L. Babcock Chapter 6: The UN Optional Protocol on the Abolition of the Death Penalty Marc Bossuyt Chapter 7: The Right to Life and the Progressive Abolition of the Death Penalty Christof Heyns and Thomas Probert and Tess Borden Chapter 8: Progress and Trend of the Reform of the Death Penalty in China Zhao Bingzhi III. International Criminal Law Chapter 9: Criminal Law Philosophy in William Schabas' Scholarship Margaret M. deGuzman Chapter 10: Is the ICC Focusing too Much on Non-State Actors? Frédéric Mégret Chapter 11: The Principle of Legality at the Crossroads of Human Rights and International Criminal Law Shane Darcy Chapter 12: Revisiting the Sources of Applicable Law Before the ICC Alain Pellet Chapter 13: The ICC as a Work in Progress, for a World in Process Mireille Delmas-Marty Chapter 14: Legacy in International Criminal Justice Carsten Stahn Chapter 15: Torture by Private Actors and 'Gold Plating' the Offence in National Law: An Exchange of Emails in Honour of William Schabas Andrew Clapham and Paola Gaeta IV. Genocide and Crimes Against Humanity Chapter 16: Secrets and Surprises in the Travaux Préparatoires of the Genocide Convention Hirad Abtahi and Philippa Webb Chapter 17: Perspectives on Cultural Genocide: From Criminal Law to Cultural Diversity Jérémie Gilbert Chapter 18: Crimes Against Humanity: Repairing Title 18's Blind Spots Beth Van Schaack Chapter 19: A New Global Treaty on Crimes Against Humanity: Future Prospects Leila Nadya Sadat V. Transitional Justice and Atrocity Prevention Chapter 20: Justice Outside of Criminal Courtrooms and Jailhouses Mark A. Drumbl Chapter 21: Toward Greater Synergy between Courts and Truth Commissions in Post-Conflict Contexts: Lessons from Sierra Leone Charles Chernor Jalloh Chapter 22: International Criminal Tribunals and Cooperation with States: Serbia and the provision of evidence for the Slobodan Milosevic Trial at the ICTY Geoffrey Nice and Nevenka Tromp Chapter 23: The Arc toward Justice and Peace Mary Ellen O'Connell Chapter 24: The Maintenance of International Peace and Security through Prevention of Atrocity Crimes: The Question of Co-operation between the UN and regional Arrangements Adama Dieng VI. Justice in Culture and Practice Chapter 25: Law and Film: Curating Rights Cinema Emma Sandon Chapter 26: The Role of Advocates in Developing International Law Wayne Jordash Chapter 27: Bill the Blogger Diane Marie Amann Index

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Book SynopsisThe law governing the relationship between speech and core international crimes -- a key component in atrocity prevention -- is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering''s scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensivTrade ReviewProfessor Gregory Gordon's paradigm-shifting work, Atrocity Speech Law: Foundation, Fragmentation, Fruition has helped change the very vocabulary we use to describe the rules and jurisprudence governing the relationship between hate speech and core international crimes, which is now commonly referred to by the book's title. Thanks to this seminal tome, we no longer have to think of delicts such as "incitement", "persecution", "instigation", and "ordering" as disparate speech offences whose elements should not be considered with regard to one another; rather, under Gordon's brilliant umbrella term and his suggested corrections for each offence, we can regard them in a unified, systematic way that will lead to more coordinated and coherent charging decisions, greater protection for legitimate free speech, and clearer jurisprudence. * Giovanni Chiarini, PKI Global Justice Journal *Atrocity Speech Law furthers a complicated discussion at a time when it is sorely needed. * David A. Meier, Holocaust and Genocide Studies *This book will be the definitive source on prosecuting atrocity speech in international criminal law. With its thorough research and insightful analysis, practitioners and scholars alike will find it an essential reference. Professor Gordon's unified theory of liability is thought-provoking and should be given serious consideration in future criminal proceedings. * Dr. Serge Brammertz, Chief Prosecutor, ICTY and MICT *As Professor Gregory Gordon systematically demonstrates in this groundbreaking book, the law governing speech and atrocity has become fragmented and ineffective. His brilliant 'Unified Liability Theory' offers an innovative solution for fixing the problems. This book is now the definitive single-volume international criminal law work on hate speech. It provides all the history, context, policy, and legal analysis necessary to understand the phenomenon and reform the doctrine. * Adama Dieng, United Nations Special Adviser on the Prevention of Genocide *Words, text, rhyme, song: speech brings beauty, but it also fuels rage. Speech may prime a population to kill. Gregory Gordon's ambitious book reassesses the role of law in standing up to atrocity speech. Gordon astutely identifies gaps in the law and boldly suggests reforms. Delivered with elegance and panache, this book is a must read. And it is so timely. Atrocity speech - vented now in virtual spaces and through social media, and confabulated as 'news' - has become more dangerous as it spreads even faster and stains more people more quickly. In response, we are fortunate to be able to invoke Gordon's creative, confident, and ethical voice. * Mark A. Drumbl, Class of 1975 Alumni Professor of Law, and Director, Transnational Law Institute Washington and Lee University School of Law *Professor Gregory Gordon's book, Atrocity Speech Law: Foundation, Fragmentation, Fruition, is an important contribution that will serve as a foundation stone for the future prevention of crimes against humanity...[It] will be a very useful tool to all scholars seeking a more peaceful world...[It] will offer new knowledge about a vital subject of stopping atrocity speech, which threatens the security of everyone. (From the Foreword) * Benjamin B. Ferencz, Nuremberg Prosecutor *Holistic, authoritative and comprehensive, Professor Gregory Gordon's masterful study of the relationship between expression and atrocity crimes sets out a framework for a delicate balance of competing objectives. It brings order to an area of international law that is fraught with fragmentation and contradiction. * William Schabas, Professor of International Law, Middlesex University, London *Gregory Gordon has written the definitive book on the power of words and the commission of atrocity crimes. This comprehensive and superbly written study critiquing tribunal jurisprudence on 'atrocity speech law' explains not only what has been adjudicated in the modern era, but also identifies the significant shortcomings in both the jurisprudence and international law that must be overcome in the years ahead. There is much work yet to be done, and Professor Gordon sets the stage magnificently. * Ambassador David Scheffer, Mayer Brown/Robert A. Helman Professor of Law, Northwestern Pritzker School of Law *Professor Gregory Gordon compellingly argues that we need to re-conceptualize the jurisprudence of the international criminal law governing hate speech. He renames these principles 'atrocity speech law' and offers a trenchant critique of the inconsistent rulings of international tribunals. He proposes a resolution to the resulting conceptual uncertainties through a 'unified liability theory' that would harmonize the law on hate speech related to war crimes, genocide, and crimes against humanity. For those interested in effective prevention and punishment, this is a must read. * Professor Gregory Stanton, Founding President, Genocide Watch, George Mason University, Arlington, VA *Atrocity Speech Law, examines the history of and jurisprudence governing the relationship between hate speech and international crimes. Gordon finds troubling incoherence within this area of the law but proposes an innovative solution: a "Unified Liability Theory" that would link all qualifying speech offenses to all atrocity crimes. * Andrew Cohen, Berkeley Law Magazine *... groundbreaking study on the law governing the relationship between hate speech and international crimes. * Hong Kong Lawyer^r *Table of ContentsForeword by Benjamin B. Ferencz Preface Introduction Part I: Foundation Chapter 1: Speech and Atrocity: An Historical Sketch Chapter 2: International Human Rights Law and Domestic Law Chapter 3: The Birth of Atrocity Speech Law: Nuremberg and the Foundational Statutes Chapter 4: The Birth of Atrocity Speech Law: The Foundational Ad Hoc Tribunal Cases and Offense Elements PART II: FRAGMENTATION Chapter 5: Problems regarding the Crime of Direct and Public Incitement to Commit Genocide Chapter 6: Problems regarding Persecution, Instigation and Ordering Chapter 7: The Absence of Criminal Prohibitions Regarding Hate Speech and War Crimes PART III: FRUITION Chapter 8: Fixing Incitement to Genocide Chapter 9: Fixing Persecution, Instigation and Ordering Chapter 10: Adopting Incitement to Commit War Crimes Chapter 11: Restructuring: A Unified Liability Theory for Atrocity Speech Law Conclusion Index

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Book SynopsisHusak''s primary goal is to defend a set of constraints to limit the authority of states to enact and enforce criminal offenses. In addition, Husak situates this endeavor in criminal theory as traditionally construed. This book urges the importance of this topic in the real world, while most Anglo-American legal philosophers have neglected it.Trade ReviewThis is a rich and thought-provoking account of a much undertheorized and yet hugely important issue. It is true that the model Husak offers is far from comprehensive, with the task of adding substantive content to its skeleton being candidly deferred or delegated at key points. As Husak rightly emphasizes, however, these moments of uncertainty, ambiguity, or imprecision should not be seen as shortcomings, but should be recognizes as challenges for future scholarship...Husak's book signals a bold attempt to 'shake up' the discipline and to reignite our interest in the core issues of justice, wrong, blame, desert, and to proportionality with which we should be concerned. * Vanessa E. Munro, New Criminal Law Review, Volume 12 No.2, Spring 2009 *'"Trying to stem the tide of fatuous law that emanates from our incontinent legislatures, at least in the US and the UK, is a luckless and thankless task. I admire Husak enormously for his willingness to take the task on, and for the lively, sensible, and good-natured tone that he brings to it. I also admire his anti-authoritarian and anti-managerial moral instincts, sadly at odds with the spirit of the age. But most of all I admire Husak as a professional philosopher of law. His work is clear, thorough, patient, ingenious, insightful, informed, imaginative, and highly distinctive. Overcriminalization is no exception. Even those who are pessimistic about the possibility of deliberately effecting political change through academic work have a huge amount to learn from this wise, timely, and well-written book." - John Gardner, Notre Dame Philosophical Reviews''...critically important and easily readable...Highly recommended.'"-Choice"This book is an outstanding contribution to discussion about the moral limits of the criminal law... Husak's development and defense of his normative theory is modest, nuanced, and sophisticated. Even where his criticisms of other writers fail to convince, they are subtle and eminently fair. The footnotes alone contain a wealth of information and arguments from which readers will learn much."-EthicsTable of ContentsPREFACE ; ACKNOWLEDGEMENTS ; CHAPTER ONE: THE AMOUNT OF CRIMINAL LAW ; IV: AN ILLUSTRATION OF OVERCRIMINALIZATON ; CHAPTER TWO: INTERNAL CONSTRAINTS ON CRIMINALIZATION ; CHAPTER THREE: EXTERNAL CONSTRAINTS ON CRIMINALIZATION ; CHAPTER FOUR: ALTERNATIVE THEORIES OF CRIMINALIZATION

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Book SynopsisAs international criminal courts and tribunals have proliferated and international criminal law is increasingly seen as a key tool for bringing the world''s worst perpetrators to account, the controversies surrounding the international trials of war criminals have grown. War crimes tribunals have to deal with accusations of victors'' justice, bad prosecutorial policy and case management, and of jeopardizing fragile peace in post-conflict situations. In this exceptional book, one of the leading writers in the field of international criminal law explores these controversial issues in a manner that is accessible both to lawyers and to general readers.Professor William Schabas begins by considering the discipline of international criminal law, outlining the differing approaches to the description of international crimes and examining the frequent claims relating to the retroactive application of these crimes. The book then discusses the relationship between genocide and crimes against humaTrade ReviewA great strength of this book is Schabas approach to providing a broad overview of the major international criminal law issues... Schabas ability to go beyond legal doctrine to discuss the foundational theories and political issues of international criminal law speaks to his broad expertise and versatility. The issues and arguments are consistently presented in an accessible, engaging style... He does not burden the reader with dense, legalistic prose. He makes the discussion relevant by drawing on a great deal of historical context and precedent, particularly from the Nuremburg trials. He does not, however, shy away from making reasoned legal arguments and grounding them in sources of international law. He frequently explains and refers to treaties, custom, case law, and works of pre-eminent international law scholars. * Nathan Kruger, Canadian Yearbook of International Law *Unimaginable Atrocities, Schabas has produced perhaps his greatest work in a prodigious collection of extraordinary contributions to the field... Schabas has long contributed to the development of effective world law. He has taken on the task and made it his own, standing shoulder to shoulder with the likes of Cherif Bassiouni, Antonio Cassese, Hans Corell, Michael Scharf and David Scheffer. His text is plainly intended to appeal to and inform, not only academics, but also those with less direct expertise in the field. This is not to suggest that it is somehow written at an introductory level, or that it can be passed over by those more familiar with the issues addressed in the book. Rather, it seeks to expand the audience, educating those interested in creating a safer and more tolerant world on key components within the field of international criminal law, while providing substantive arguments for discussion among academic circles. * Matthew Kane, International Affairs *Insightfully explain[s] the conceptual foundations and prospective paths for an international criminal judiciary. Schabas' book reveals once more that international criminal law is shaped by a complex relationship of policy and law, which unfortunately can only partly prevent war crimes while influencing how humanity confronts unimaginable atrocities. * Martin Wählisch, ASIL Cables *Table of ContentsIntroduction ; 1. 'Unimaginable Atrocities': Identifying International Crimes ; 2. Nullum Crimen Sine Lege ; 3. Victors' Justice? Selecting Targets for Prosecution ; 4. The Genocide Mystique ; 5. Mens Rea, Actus Reus, and the Role of the State ; 6. History, International Justice, and the Right to Truth ; 7. No Peace Without Justice? The Amnesty Quandary ; 8. Crimes Against Peace

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Book SynopsisOver the past ten years the content and application of international law in armed conflict has changed dramatically. This Oxford Handbook provides an authoritative and comprehensive study of the role of international law in armed conflict and engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, the Handbook has a global, multi-disciplinary perspective on the place of law in war. The Handbook consists of 32 chapters in seven parts. Part I provides the historical background of international law in armed conflict and sets out its contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces cruciaTrade ReviewThe book is also quite a fresh approach in an increasingly crowded market. The high rate of new publications on international humanitarian law and its associated topics continues, so it is important that entrants have something different to offer. The distinguishing features of this book are its multi-dimensional approach, the calibre of its contributors, and their willingness to offer no-holds-barred opinions on controversial topics. These features comfortably imbue the book with the requisite value-add... If this book were read cover to cover, the reader would be left with a comprehensive survey of the most important legal issues in the context of modern armed conflicts. It is therefore recommended to those who are seeking this advanced understanding from a multidimensional, critical perspective. * Damien van der Toorn, Australian Year Book of International Law *...this handbook is a useful, up-to-date and comprehensive tool for scholars and practitioners, especially judges, dealing with the legal issues arising out of armed conflicts. * William St-Michel, International Journal of Criminal Justice *The stated purpose of the Handbook is 'to provide grounding for those who would like to go further with their understanding of the law applicable in armed conflict.' The Handbook fulfils this purpose amply. Not only does it provide a comprehensive introduction to the law applicable in armed conflict, it also offers ample food for thought on the structure of the international legal system and the character of international legal obligations. * Naomi Burke, The British Yearbook of International Law *One remarkable feature of The Handbook is its exhaustiveness: it provides a comprehensive overview of the multiple rules and rights that come into play during an armed conflict. Furthermore, it clearly stems from the sum of the essays that the legal framework applicable to an armed conflict is not single-fold, but multifaceted. This handbook is a useful, up-to-date and comprehensive tool for scholars and practitioners, especially judges, dealing with the legal issues arising out of armed conflicts. * William St-Michel, Journal of International Criminal Justice *Table of ContentsI. INTRODUCTION ; II. SOURCES ; III. LEGAL REGIMES ; IV. KEY CONCEPTS FOR HUMANITARIAN LAW ; V. KEY RIGHTS IN TIMES OF ARMED CONFLICT ; VI. KEY ISSUES IN TIMES OF ARMED CONFLICT ; VII. ACCOUNTABILITY/LIABILITY FOR VIOLATIONS OF THE LAW IN ARMED CONFLICT

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisIn the aftermath of the Second World War, the British military held 46 trials in Hong Kong in which 123 defendants, from Japan and Formosa (Taiwan), were tried for war crimes. This book provides the first comprehensive legal analysis of these trials. The subject matter of the trials spanned war crimes committed during the fall of Hong Kong, its occupation, and in the period after the capitulation following the nuclear bombings of Hiroshima and Nagasaki, but before the formal surrender. They included killings of hors de combat, abuses in prisoner-of-war camps, abuse and murder of civilians during the military occupation, forced labour, and offences on the High Seas. The events adjudicated included those from Hong Kong, China, Japan, the High Seas, and Formosa (Taiwan). Taking place in the same historical period as the more famous Nuremberg and Tokyo trials, the Hong Kong war crimes trials provide key insights into events of the time, and the development of international criminal law and procedure in this period.A team of experts in international criminal law examine these trials in detail, placing them in their historical context, investigating how the courts conducted their proceedings and adjudicated acts alleged to be war crimes, and evaluating the extent to which the Hong Kong trials contributed to the development of contemporary issues, such as joint criminal enterprise and superior orders. There is also comparative analysis with contemporaneous proceedings, such as the Australian War Crimes trials, trials in China, and those conducted by the British in Singapore and Germany, placing them within the wider history of international justice. This book is essential reading for anyone interested in the development of international criminal law and procedure.Trade ReviewFrom a young Chinese lawyer's perspective, the book... represents a gift from the elder generation of international law scholars who demonstrated meticulous archival research, fine interdisciplinary methodology and lawyers' responsibility in the midst of highly emotional and politically driven debates... The publication of Hong Kongs War Crimes Trials marks not the end, but the beginning of a larger, ongoing process for subsequent academics and practitioners alike. * Guo Cai, Journal of International Criminal Justice *Hong Kong's War Crimes Trials looks at British war crimes prosecutions in its south China colony from 1946 to 1948, and is an important and unique contribution to the history of war crimes trials. This is an important book by outstanding scholars, and it deserves to reach a wide audience. Specialists in military history, law, and international affairs will want to read this fine book, which will also appeal to the general reader. * Frederic Borch III, Military Law Review *A major contribution to our knowledge of these events. * Colin Day, Journal of the Royal Asiatic Society Hong Kong Branch *Edited by Professor Suzannah Linton, Hong Kong's War Crimes Trials makes an outstanding contribution... We should not be surprised then if a new cohort of ICL historians, inspired by the superior scholarship and doctrinal insights of Hong Kong's War Crimes Trials, soon sets sail in those unchartered archival waters... Hong Kong's War Crimes Trials does an exemplary job of elucidating the history, context and law related to Britain's 1946-48 prosecutions of suspected Japanese war criminals in its south China coast colony. The structure and content of the book lend themselves to a well-organised and comprehensive analysis of the proceedings. * Gregory S Gordon, Melbourne Journal of International Law *The military courts working in Hong Kong between 1946 and 1948 sent out a message to the world that the rule of law should be based on reason and justice - and not on military force. That is why this collection of essays, examining the legal framework of those trials, remains of contemporary relevance. As Suzannah Linton observes, this is not just a question of compelling Japan to address the crimes that its army committed within living memory throughout Asia. It remains a critical issue because the punishment of war crimes is of continuing importance to the human race. * David Blake Knox, Dublin Review of Books *These authors' insights reflect their different disciplines and professional experiences. Although the assembled essays are meant chiefly for readers with an interest in international criminal law and procedure, historians of the aftermath of the Second World War will find that they throw light on a neglected area of their subject ... the book's thematic approach to studying the Hong Kong trials ensures that it will be of great interest to both historians and legal scholars ... It is an extremely useful addition to our growing understanding of the "B" and "C" class war crimes trials held after the Pacific War. * Georgina Fitzpatrick, Michigan War Studies Review *The book offers a clear, authoritative and comprehensive introduction to the subject of Hong Kong's War Crimes Trials. Although, such a book has been long awaited by scholars and practitioners, it can be noted that it was worth waiting for. The editor and contributors have invested a lot of research, time and patience in preparing the book. As a result, their efforts are worthwhile and make the book a very interesting read. In this way, the book is clearly a step forward and an original, valuable and authoritative contribution in the area of domestic prosecutions of war crimes...what is more, the book's editor should be commended for establishing an online database which includes scans of Hong Kong's War Crimes Database. * Professor Jernej Letnar Cernic, DIGNITAS *Table of ContentsForeword ; Foreword ; 1. Introduction ; 2. Major Murray Ormsby: Prosecutor and Judge of the Hong Kong Military Courts 1946-1948 ; 3. Trial Procedure at the British Military Courts, Hong Kong, 1946-1948 ; 4. The Prisoner of War Camp Trials ; 5. War Crimes ; 6. On Being "Concerned" in a Crime: Embryonic Joint Criminal Enterprise ; 7. The Plea of Superior Orders in the Hong Kong Trials ; 8. Concluding Analysis

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Book SynopsisIn Defending Humanity , internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state''s border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO''s intervention in Kosovo legal? What about the U.S. invasion of Iraq?In their provocative new book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in seTrade Review"Defending Humanity may be viewed as a protracted and fascinating effort to show that certain intuitive conclusions regarding the use of international force are justified and reinforced by international law...Fletcher and Ohlin serve up much thoughtful discussion and a number of fascinating historical opinions and observations...Upon completing the book, I felt a bond of kinship with the authors and an appreciation for their willingness to undertake such a worthy exploration."--International Journal of World Peace "With its elegant distinctions and provocative theories, Defending Humanity offers a much needed rethinking of the disparate justifications for war. But at least as importantly, it is methodologically diverse, presenting a rich tapestry of comparative, criminal, and international law. A must read."--Kim Ferzan, Professor of Law and Co-Director, Institute for Law and Philosophy, Rutgers University, School of Law, Camden "The publication of this book is an exciting event for those who care about the legal regulation of war. Ranging over diverse legal and philosophical traditions, the authors analyze and evaluate theories of self-defense in criminal law in order to develop a plausible account of legitimate defense. They then extend this account to enhance our understanding of self-defense in the international law of war. Defending Humanity is philosophically informed, erudite yet accessible, and lively and pugnacious without being polemical. I read it with continuous pleasure."--Jeff McMahan, author of The Ethics of Killing: Problems at the Margins of Life "Provocative and innovative.... George Fletcher and Jens Ohlin's book, Defending Humanity, presents a remarkable tour through the theoretical, historical, and cultural justifications for the use of force by one country against another.... Defending Humanity is an exellent book, and its probing analysis should help sharpen readers' own views."--Harold J. Krent, Dean and Professor of Law, Chicago-Kent College of Law. "The two Columbia professors provide a carefully thought out set of guidelines on what counts as 'defense,' when humanitarian interventions are legitimate, why preemptive and preventive wars are almost always impossible,...and much more. Carefully reasoned from the standpoint of those who still rely on violence to achieve national ends, this book should become a classic for the foreign policy 'realists.'"--Tikkun "A stimulating and provocative book, deserving a wide readership and a central place in debates about the role of military force in international affairs...an excellent, thought-provoking, and, not least, timely book. Its main line of argument concerning the defensive use of military force draws on notions of self-defense found in several traditions of domestic law, and does so in original and insightful ways. The result is a much more fine-grained notion of self-defense in international law than what figures in most current debates."--Ethics & International Affairs "Fletcher and Ohlin present us with a valuable and significant contribution to theories and arguments about the use of force in international law. They formulate a coherent set of principles be which the legitimacy of defensive actions can be tested which bridge the divide between philosophy and legal theory."--Charlotte Peevers, PhD Candidate, London School of EconomicsTable of ContentsIntroduction ; 1. Murder Among Nations ; 2. How to Talk Self Defense ; 3. A Theory of Legitimate Defense ; 4. The Six Elements of Legitimate Defense ; 5. Excusing International Aggression ; 6. Humanitarian Intervention ; 7. Preemptive and Preventive Wars ; 8. The Collective Dimension of War ; Conclusion ; Notes ; Index

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Book SynopsisLaw, War and Crime examines the meaning of war crime trials and their cultural and political effects. Gerry Simpson traces the development the origins of the war crimes field from the outlawing of piracy to contemporary war crimes trials, and situates the phenomenon in the context of broader social and political forces.Trade Review"Masterfully written, blending reflective discussion of overarching theoretical and conceptual questions with authoritative detail drawn from a wide range of cases." International Affairs "A book that could be produced only by someone fully versed in their field ... from argument structure to style, Law, War and Crime is to be recommended." Modern Law Review "A fresh addition to the vast literature on international criminal law precisely because it comprehensively addresses the structural tendencies that characterize international criminal law." Finnish Yearbook of International Law "Offers a significant contribution to the globally important subject of international criminal law by exploring the tensions prevalent in international trials ... it is well written and provides unique insight into considerably challenging issues." Political Studies Review "Opens one's eyes to the use and abuse of criminal law in the context of international politics and war." Law Institute Journal "This is an outstanding book that is a must read for anyone interested in international criminal tribunals. It is sophisticated and erudite in its analysis, beautifully written, concise yet supported with detailed research and well timed." Alex Bellamy, University of Queensland "Law, War and Crime is a substantial scholarly achievement, and I hope it will be politically influential, not so much for any specific position the book espouses, but for its sophistication, care and humanity. Gerry Simpson has lawyerly intellectual virtues that are sorely needed by the international community as it begins to institutionalize criminal law. Simpson writes with discipline instead of mere fervor, and skillfully mediates between factual detail and grand theme. Rarest of all, Simpson understands that unresolvable arguments create discursive spaces where politics, including law, can happen. Bravo!" David A. Westbrook, University at Buffalo Law School "Masterfully written, and hugely topical ? this is a must read for all those interested in international law, foreign affairs and war." Ruti Teitel, New York Law SchoolTable of ContentsAcknowledgements viii Preface 1 1 Law’s Politics: War Crimes Trials and Political Trials 11 2 Law’s Place: Internationalism and Localism 30 3 Law’s Subjects: Individual Responsibility and Collective Guilt 54 4 Law’s Promise: Punishment, Memory and Dissent 79 5 Law’s Anxieties: Show Trials 105 6 Law’s Hegemony: The Juridifi cation of War 132 7 Law’s Origins: Pirates 159 8 Law’s Fate 178 Notes 180 Select Bibliography 194 Index 210

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Book SynopsisIn Red Zones, Marie-Eve Sylvestre, Nicholas Blomley, and Céline Bellot examine the court-imposed territorial restrictions and other bail and sentencing conditions that are increasingly issued in the context of criminal proceedings. Drawing on extensive fieldwork with legal actors in the criminal justice system, as well as those who have been subjected to court surveillance, the authors demonstrate the devastating impact these restrictions have on the marginalized populations - the homeless, drug users, sex workers and protesters - who depend on public spaces. On a broader level, the authors show how red zones, unlike better publicized forms of spatial regulation such as legislation or policing strategies, create a form of legal territorialization that threatens to invert traditional expectations of justice and reshape our understanding of criminal law and punishment.Trade Review'A brilliant contribution to criminal law and criminal law theory! In their remarkable empirical and legal study on Red Zones, Marie-Eve Sylvestre and her colleagues, Nicholas Blomley and Céline Bellot, show how the quotidian forms of law's technical practices - such as bail and probation supervision - have a momentous impact on the administration of the criminal law, on punishment practices, and on our own understandings and expectations of justice. Chock full of insights about how these practices function to regulate the poor and create both spatial and temporal effects that make rights arguments and resistance far more difficult, Red Zones is a must read for anyone studying criminal law, criminal law theory, and policing.' Bernard E. Harcourt, Isidor and Seville Sulzbacher Professor of Law, Columbia University'A huge contribution to criminology and to urban geography, this book shows, with vast amounts of data, that low-level judicial proceedings such as bail act in a dysfunctional manner by imposing unrealistic spatial prohibitions on those who most need to access services and friends in stigmatized downtown areas. The far-ranging empirical research, carried out mainly in Vancouver and Montreal, is of great relevance not only across Canada but throughout North America, since the practice of imposing 'red zones' (spatial prohibitions) through probation, parole and other lower-court and police mechanisms has become ubiquitous.' Mariana Valverde, University of Toronto'Red Zones is a highly original and ground-breaking book that compellingly reveals how marginalized peoples are increasingly governed through territory and time via criminal law and justice processes. Its rare combination of legal theory and rich empirical data will appeal to legal scholars, criminologists and geographers alike.' Randy K. Lippert, University of WindsorTable of ContentsList of figures; List of maps; List of tables; Acknowledgments; Table of cases; Table of legislation; 1. Navigating the territories of the law; Part I. Foundations: 2. Law and territory, a legal geography; 3. 'Recognizances to keep the peace and be of good behaviour': the legal history of red zones and conditions of release; Part II. Expansion: 4. Territory widening; 5. The shifting and expanding terrain of criminal justice management; Part III. Territorialization and its Consequences: 6. Territorializing: how legal territory is made and justified; 7. Conditional life inside the red zone; 8. Red zoning politics; Conclusion; 9. Red zones in and out of the courtroom; Bibliography; Index.

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Book SynopsisInternational courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such ''unseen actors'' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors'' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify ''best practices'' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribuTrade Review'Professor Baetens has brought a fascinating new perspective to the study of international law, looking at the role of unseen actors in various areas. While unseen, these actors are certainly not unimportant for the effective functioning of their respective institutions, and the discharge of their duties benefits parties, States and the rule of law. This volume demonstrates how the many unseen actors contribute to making international adjudication efficient and effective, and is a fresh approach to the study of international adjudication.' Meg Kinnear, Secretary-General, International Centre for Settlement of Investment Disputes'Freya Baetens has put together a stellar collection of contributions highlighting the role of multiple actors involved in the work of international courts and tribunals. Some are visible, others are less visible. Some are directly involved in the litigation process, others are involved in a more indirect manner. This lifting of the stage curtains also places a welcome spotlight on issues concerning legitimacy, neutrality or transparency.' Laurence Boisson de Chazournes, University of Geneva, and Director of the LL.M. in International Dispute Settlement (MIDS)'This book not only has the merit of exploring areas of international adjudication to which little attention has been paid to date, it also brings together an impressive array of experiences, information and insights from leading practitioners and researchers on essential aspects of the functioning of international courts and tribunals. By shining a light on the 'unseen actors' in international adjudication, this work is a welcome and ground-breaking contribution to reflection on the role and responsibilities of these auxiliaires de justice in the sound administration of international justice.' Philippe Couvreur, Registrar, International Court Of Justice'Finally, the missing piece of the puzzle! There have been numerous books on international judges, prosecutors and the so-called international bar, but rarely has scholarship focused on the unexplored world of the people who keep the lights of international adjudication on. This is a must-read for anyone who wants to understand how international adjudication actually works, in reality.' Cesare Romano, Loyola University Chicago, Los Angeles'There are few works of international legal scholarship which shine the spotlight on the important 'hinterland' of international legal adjudication – namely, the work of registries, secretariats, appointing authorities and others, which both enables and shapes international adjudication in typically unseen ways. In this volume, an impressive range of experienced and expert authors is marshalled to do just that, and to provide their perspectives on the nature, significance and, indeed, legitimacy of the work of such professionals. This will be of great interest and value to those working on international tribunals across a range of disciplines.' Andrew Lang, Chair in International Law and Global Governance, University of Edinburgh'My advice to every practitioner of international law, to every advocate before an international tribunal, and to every State or private party to an international dispute is: read this book! Legitimacy of Unseen Actors in International Adjudication is a fascinating and well-researched study of how courts and tribunals actually function, the importance of court personnel and other behind-the-scenes actors, and the impacts they can have on outcomes. No international advocate, no matter how experienced, should step into court again without having read it.' Paul Reichler, Partner, Foley Hoag LLPTable of Contents1. Unseen actors in international courts and tribunals: challenging the legitimacy of international adjudication Freya Baetens; Part I. Institutional Perspectives: 2. The International Court of Justice Nathalie Wiles; 3. The International Tribunal for the Law of the Sea Philippe Gautier; 4. International arbitral institutions Bridie Mcasey; 5. The World Trade Organization Daniel Baker and Gabrielle Marceau; 6. The International Criminal Court Philipp Ambach; 7. The European Court of Human Rights Peter Kempees and Ledi Bianku; 8. The Court of Justice of the European Union Caroline Heeren; Part II. Nomination and Appointment: 9. Gatekeeper secretariats Kathleen Claussen; 10. Appointing authorities: self-appointment, party appointment and non-appointment Peter Tzeng; 11. Before the law: assessing the process and impact of judicial screening bodies Brian Mcgarry and Josef Ostřanský; Part III. Case Management and Deference to the Bench: 12. The essence of adjudication: legitimacy of case managers in international arbitration Christine Sim; 13. Procedural reforms at the Court of Arbitration of the International Chamber of Commerce: how to ensure that party autonomy will continue serving as a legitimization tool? Giacomo Marchisio; 14. Will an investment court be a better fact-finder? The case of expert evidence Matthew W. Swinehart; 15. Unseen and unsung: language services at the International Criminal Court and their impact on institutional legitimacy Leigh Swigart; 16. Rights and expertise: assessing the managerial approach of the Court of Justice of the European Union to conflict adjudication Marie-Catherine Petersmann; Part IV. Confidentiality and Transparency: 17. The politics of invisibility: why are international legal bureaucrats obscured from view? Tommaso Soave; 18. Unseen actors as unseen experts: ghosts in international adjudication Guillaume Yvan Jean Gros; 19. Arbitral institutions' response to perceived legitimacy deficits: promoting diversity, transparency and expedition in investor-state arbitration Ksenia Polonskaya; 20. Identifying the voices of unseen actors in investor-state dispute settlement Damien Charlotin; Part V. Ethics and Accountability: 21. Physicians' impact on the legitimacy of the International Criminal Court Giovanna Maria Frisso; 22. Screening powers in investment arbitration: questions of legal change and legitimacy Relja Radović; 23. Legitimacy and the role of legal officers in chambers at international and hybrid criminal courts and tribunals Marko Divac Öberg; 24. The référendaire as an unseen actor: a comparative look at the Court of Justice of the EU, the US Supreme Court and international arbitral tribunals Gillian Cahill; Part VI. External Influences and Activities: 25. 'Outside activities' and workload management: as unseen actors (and factors) in international adjudication Catherine H. Gibson; 26. The legitimacy of private lawyers representing states before international tribunals Andreas R. Ziegler and Kabre R. Jonathan; 27. Online reporters and databases: four narratives of their roles in investor-state dispute settlement Pietro Ortolani; 28. Bilateral committees in EU trade and investment agreements: platforms for the reassertion of state control over investor-state adjudication? Hannes Lenk.

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Book SynopsisIn an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.Table of ContentsI. Introduction Katalin Ligeti Part I Presentation of national systems of investigation, prosecution, evidence and procedural safeguards 1. The Austrian system Robert Kert / Andrea Lehner 2. The Belgian system Marie-Aude Beernaert 3. The Danish system Birgit Feldtmann / Sebastian Knop 4. The Dutch system Idlir Peçi 5. The English and Welsh system Tricia Howse 6. The Estonian system Jaan Ginter 7. The Finnish system Teemu Kastula 8. The French system Aurélie Binet-Grosclaude 9. The German system Bernd Hecker 10. The Hungarian system Miklos Hollán 11. The Irish system Andrea Ryan 12. The Italian system Francesca Ruggieri / Stefano Marcolini 13. The Latvian system Kristine Strada-Rozenberga 14. The Lithuanian system / Remigijus Merkevièius Gintaras Švedas 15. The Luxembourgish system Marc Schiltz 16. The Maltese system Stefano Filletti 17. The Polish system Celina Nowak / S³awomir Steinborn 18. The Portuguese system Pedro Caeiro / Miguel João Costa 19. The Romanian system Claudiu Dumitrescu / Augustin Lazãr / Anca Augusta Lazãr / Angela Nicolae 20. The Scottish system Lorna Harris 21. The Slovak system Anna Ondrejová 22. The Slovenian system Primož Gorkiè 23. The Spanish system Lorena Bachmaier 24. The Swedish system Christoffer Wong Part II Issues of interest for the creation of a European Public Prosecutor´s Office i. Federal Criminal Law and the European Public Prosecutor's Office Marta Muñoz de Morales / Adán Nieto Martín / Marianne Wade ii. The system of vertical cooperation in administrative investigations in EU subsidy cases Justyna £acny / Lech Paprzycki / Eleonora Zieliñska iii. The system of vertical and horizontal cooperation in administrative investigations in EU competition cases Martin Böse iv. The material scope of the European Public Prosecutor's Office Rosaria Sicurella v. The interaction between the ECJ and the ECTHR with respect to the protection of procedural safeguards: the accession of the EU to the ECHR. Silvia Allegrezza vi. Judicial control in cooperation in criminal matters. The evolution from judicial cooperation to mutual recognition Anne Weyembergh, Zlata Durdevic vii. Report on the protection of personal data in the framework of police and judicial cooperation in criminal matters.Stefan Braum / Valentina Covolo viii. Mutual Recognition in the European Law of Civil Procedure Burkhard Hess ix. Decentralised enforcement of European Competition Law: powers, procedures and legal protection Heleen Koggink / Saskia Lavrijssen / Thomas Nauta

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Book SynopsisThis volume brings together work by authors who draw upon sociological and criminological methods, theory, and frameworks, to produce research that pushes boundaries, considers new questions, and reshape the existing understanding of "art crimes", with a strong emphasis on methodological innovation and novel theory application. Criminologists and sociologists are poorly represented in academic discourse on art and culture related crimes. However, to understand topics like theft, security, trafficking, forgery, vandalism, offender motivation, the efficacy of and results of policy interventions, and the effects art crimes have on communities, we must develop the theoretical and methodological models we use for analyses. The readership of this book is expected to include academics, researchers, and practitioners in the fields of criminology, sociology, law, and heritage studies who have an interest in art and heritage crime.Table of ContentsIntroduction.- Part I: Methods.- Transiting Through the Antiquities Market.- Exploring Taste Formation and Performance in the Illicit Trade of Human Remains on Instagram.- #antiquitiesdealers.- Evaluating the transformative potential of Photovoice for research into the global illicit trade in cultural objects.- A New Method of Forensic Archaeology.- Part II: Theory.- Cuneiform exceptionalism?.- Crime, Material and Meaning in Art World Desirescapes.- Authentically Exotic and Authentically Beautiful.- “Blitzkrieg Against Black Magic”.- Art Crime and the Myth of Violence.- Part III: Data Applications.- Small Museums, Big Problems.- Guardians in the Antiquities Market.- More Than Just Money.- Offender Motivations and Expectations of Data in Antiquities Looting.- One Flew over the Cuckoo’s Clock.

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Book SynopsisThis book is dedicated to the memory of Sir Richard May, who passed away on 1 July 2004, and to the rich legacy he has left behind in the area of international criminal law. It contains in-depth analyses of a range of issues critical to the development and understanding of international criminal law, written by contributors who worked in some way with Sir Richard during his tenure at the ICTY, particularly during his last years as Presiding Judge of the Milošević Trial. It contains a Foreword by the President of the ICTY, Theodor Meron, and substantive work in three main parts: one chapter concerning the development and understanding of human rights; five chapters addressing international criminal law issues in the context of ICTY proceedings; and two chapters focusing on substantive aspects of international criminal law. All the chapters analyse international criminal law as applied by the ICTY, as well as the ICC, ICTR and other international or hybrid criminal tribunals, and are all authored by persons in a position to give great insight into the subject matter discussed.Table of ContentsForeword Theodor Meron; Preface Hirad Abtahi and Gideon Boas; Abbreviations; I. History: 1. Reflections on the Ambiguous Universality of Human Rights: Cyrus the Great’s Proclamation as a Challenge to the Athenian Democracy’s Perceived Monopoly on Human Rights Hirad Abtahi; II. Proceedings: 2. The Right to Self-Representation in International and Domestic Criminal Law – Limitations and Qualifications on that Right Gideon Boas; 3. The Protection of States’ National Security Interests in Cases before the International Criminal Tribunal for the Former Yugoslavia: A Descriptive and Prescriptive Analysis of Rule 54bis of the Rules and Procedure and Evidence Grant Dawson and Mieke Dixon; 4. Procedural Innovations in War Crimes Trials Geoffrey Nice and Philippe Vallières-Roland; 5. Fair but Expeditious Trials Patrick L. Robinson; 6. The Protection of, and Assistance to, Witnesses at the International Criminal Tribunal for the former Yugoslavia (ICTY) David Tolbert and Frederick Swinnen; III.Subject matter; 7. Self-Defence in International Criminal Law Timothy L. H. McCormack; 8. Striving for Definition: The Law of Persecution from its Origins to the ICTY Ken Roberts; Sir Richard May: A Personal Reflection Yvonne Featherstone; Index.

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Book SynopsisThis work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.Table of ContentsForeword Christian Tomuschat and Jean-Marc Thouvenin; I. L’identification des règles fondamentales – un problème résolu ? Paul Tavernier; II. Jus Cogens, Obligations Erga Omnes and other Rules – The Identification of Fundamental Norms Stefan Kadelbach; III. An Example of Jus Cogens: The Status of Prisoners of War Stefanie Schmahl; IV. Un exemple remarquable d’application du jus cogens, le statut de prisonnier de guerre Philippe Weckel; V. Ius cogens and the Law of Treaties Władysław Czapliński; VI. The Duty Not to ‘Recognize as Lawful’ a Situation Created by the Illegal Use of Force or Other Serious Breaches of a Jus Cogens Obligation: An Obligation Without Real Substance? Stefan Talmon; VII. L’obligation de non-reconnaissance des situations créées par le recours illicite à la force ou d’autres actes enfreignant des règles fondamentales Théodore Christakis; VIII. La spécificité des réparations pour crimes internationaux Elisabeth Lambert-Abdelgawad; IX. Do Damages Claims Arising from Jus Cogens Violations Override State Immunity from the Jurisdiction of Foreign Courts? Thomas Giegerich; X. L’immunité des Etats Isabelle Pingel; XI. Limits of International Law Immunities for Senior State Officials in Criminal Procedure Torsten Stein; XII. The Right of Third States to Take Countermeasures Christian Hillgruber; XIII. Special Jurisdiction of the ICJ in the Case of Infringements of Fundamental Rules of the International Legal Order? Matthias Ruffert; XIV. La saisine de la Cour internationale de Justice en cas de violation des règles fondamentales de l’ordre juridique international Jean-Marc Thouvenin; XV. Violations of Fundamental Norms of International Law and the Exercise of Universal Jurisdiction in Criminal Matters Andreas Zimmermann; XVI. La compétence universelle en matière pénale Michel Cosnard; XVII. Universal Jurisdiction in the Area of Private Law – The Alien Tort Claims Act Georg Nolte; XVIII. Compétence civile universelle et droit international general Jean-François Flauss; XIX. Conclusions Alain Pellet; XX. Reconceptualizing the Debate on Jus Cogens and Obligations Erga Omnes – Concluding Observations Christian Tomuschat; The Contributors; Index; Table of Cases / Index de jurisprudence.

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Book SynopsisIn November 2005 Tilburg University hosted for the first time an international Colloquium on the European and National Perspectives of the Regulation of Gambling. The results of this exciting day are reflected in this book which brings together a wide range of perspectives from the contemporary debate surrounding the regulation of gambling markets within the context of the European Union. Not only does the book encompass both ends of the spectrum of the current discussion; it also brings together the perspectives of academics, lawyers and operators. The debate on the regulation of gambling has been gathering pace following a series of judgments of the ECJ. In 2006 gambling was excluded from the proposed Services Directive, and the European Commission commenced infringement proceedings against a handful of Member States regarding restrictions on the supply of sports betting services. Given these developments and being one of the very few publications concerned with this topic, this book will serve as a timely and valuable contribution for all those interested in this emerging and at times decisive debate.Table of ContentsPreface Cyrille Fijnaut; List of Abbreviations; Introduction – A View from the Outside Pierre Larouche; Gambling Policy – The EU Dilemma Peter Kerstens; Has the ECJ’s Jurisprudence in the Field of Gambling Become More Restrictive when Applying the Proportionality Principle? Alan Littler; A View of European Gambling Regulation from the Perspective of Private Operators Martin Arendts; State Licensed Lotteries and Toto Companies in the Legal and Political Debate in the European Union Tjeerd Veenstra; Dutch Gambling Law and Policy: An Untenable Parochial Approach Nick Huls; A British View of European Gambling Regulation David Miers; French and Belgian Views of the European Gambling Regulation Thibault Verbiest; Closing Remarks Sofie Geeroms; Appendix; About the Authors; Index.

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Book SynopsisHuman rights law protects the rights and freedoms of individuals and groups within societies. Police officials are uniquely placed to ensure respect for, and secure protection of, those rights and freedoms. Those who exercise power on behalf of the people they serve need to be aware of the human rights standards they are required to meet, and the best practice in their fields of activity.

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Book SynopsisVolume 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: Contemporary Issues 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).Table of ContentsChapter 1: History of International Investigations and Prosecutions Chapter 2: International Criminal Tribunals and Mixed Model Tribunals Chapter 3: National Prosecutions for International Crimes Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice

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Book SynopsisThe principle of complementarity is the corner stone for the operation of the International Criminal Court (ICC). It organizes the functional relationship between domestic courts and the ICC. This is the first careful study of the historical antecedents of the principle of complementarity, which has become so central to the operation of contemporary international criminal law. The study draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals. It examines in an exhaustive manner the work of the International Law Commission that led to the drafting of the Rome Statute of the International Criminal Court, up to the deposit of the draft statute with the UN General Assembly in 1994. It considers the travaux préparatoires of the Rome Statute itself, in a most thorough manner. It also examines the post-Rome developments, particularly the original interpretations of the relevant provisions of the Statute by both the Office of the Prosecutor and the Pre-Trial Chambers. This is a study that is of intrinsic historical interest, but also one that may help to guide interpreters of the Statute in the years to come. “The concept of complementarity lies at the heart not only of the Rome Statute of the International Criminal Court, it is in many respects the underlying paradigm of international criminal justice as a whole. In this important study, Mohamed El Zeidy has drawn on historical sources, tracing the evolution of the concept and then showing how it has become operationalised in the first cases before the International Criminal Court. This book belongs in the library of every international criminal lawyer”. Prof. William A. Schabas, OC MRIA National University of Ireland, Galway.Table of ContentsExcerpt of table of contents: Introduction; Part A: Chapter I: Development of the Law on Complementarity between 1919 – 1937: 1. The Treaty of Versailles; 2. Other Peace Treaties (St Germain-En-Laye, Trianon, Neuilly-Sure-Seine, and Sèvres); 3. The 1920 Advisory Committee of Jurists; 4. The 1922–1924 Conferences of the International Law Association; 5. 1925 Inter-Parliamentary Union Conference; 6. 1926 International Congress of Penal Law; 7. 1937 League of Nations Convention for the Creation of an International Criminal Court; Concluding Observations; Chapter II: The Development of the Law on Complementarity between 1941-1994: 1. London International Assembly; 2. International Commission for Penal Reconstruction and Development; 3. Draft Convention for the Establishment of a United Nations War Crimes Court prepared by the United Nations War Crimes Commission; 4. The Nuremberg International Military Tribunal; 5. The Principle of Complementarity in the Drafting History of the Genocide Convention; 6. The Role of the International Law Commission in the Development of the Principle of Complementarity (1949-1994); 7. The Primacy of the Ad hoc Tribunals; Concluding Observations; Part B: Chapter III: The Principle of Complementarity in the International Criminal Court’s Statute: 1. The Rome Statute Complementarity Model; 2. The Impact of Human Rights Bodies’ Decisions on Complementarity Determinations; 3. The Practice of Self-Referrals and Waivers of Complementarity; Concluding Observations; Chapter IV: Complementarity-Related Provisions (Articles 18 – 20); 1. Preliminary Rulings Regarding Admissibility in the Rome Statute Complementarity Model; 2. Challenges to the Jurisdiction of the Court or the Admissibility of a Case; 3. Consequences of a Self-referrals and Waivers of Complementarity in Light of Articles 18 – 19 and 53; 4. The Relationship between Complementarity and Ne Bis In Idem; 5. Final Thoughts on Complementarity: Positive – Dynamic versus Traditional Complementarity; Concluding Observations; Conclusions; Bibliography; Table of Cases; Index.

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Book SynopsisInternational lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged ‘subsidiary’ nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.Table of ContentsPreface Abbreviations Arbitral Awards and Judicial Decisions Chapter 1: Introduction Chapter 2: General Principles of Law: A Source of International Law 2.1. Preliminary Remarks; 2.2. Early International Arbitral Tribunals; 2.2.1. The Formulation of Applicable Law; 2.2.2. Five Examples from before the Adoption of the PCIJ Statute; 2.2.3. A Brief Analysis of International Practice; 2.3. The PCIJ and the ICJ; 2.3.1. The Adoption of the PCIJ Statute; 2.3.2. The Scope of Article 38; 2.3.3. How to Find General Principles of Law in the Judgments and Advisory Opinions of the PCIJ and the ICJ; 2.3.4. Eight Judgments and Advisory Opinions; 2.3.5. An Analysis of the Judgments and Advisory Opinions; 2.4. The Autonomy of General Principles of Law as a Source of International Law; 2.4.1. Scholarly Views on General Principles as a Formal Source of International Law; 2.4.2. General Principles as a Formal and Material Source of International Law; 2.4.3. A Subtle Difference between General Principles of Law and General Principles of International Law; 2.5. The Subsidiary Nature of General Principles of Law; 2.6. The Determination of General Principles of Law; 2.6.1. The ‘Vertical Move’; 2.6.2. The ‘Horizontal Move’; 2.6.3. The Absence of Comparative Legal Research in PCIJ and ICJ Practice; 2.7. The Transposition of General Principles of Law; 2.7.1. Application by Analogy; 2.7.2. Traditional Arguments against Transposition; 2.7.3. The ‘Special Character’ of International Law; 2.7.4. Structural Differences between International Law and National Legal Systems; 2.7.5. Transposition to New Branches of International Law; 2.8. Concluding Remarks Chapter 3: General Principles of Law in the Decisions of International Criminal Courts and Tribunals 3.1. Preliminary Remarks; 3.2. Early International Criminal Tribunals; 3.2.1. The IMT; 3.2.2. The IMTFE; 3.3. Contemporary International Criminal Courts and Tribunals; 3.3.1. The ICTY; 3.3.2. The ICTR; 3.3.3. The ICC; 3.3.4. The SCSL Chapter 4: Analysis of Practice and of Relevant Scholarly Writing 4.1. The Autonomy of General Principles of Law as a Source of International Criminal Law; 4.1.1. General Principles of Law as a Formal Source of International Criminal Law; 4.1.2. General Principles of Law as a Formal and Material Source of International Criminal Law; 4.1.3. A Difference between Three Sets of Legal Principles?; 4.2. A Subsidiary Source of International Criminal Law?; 4.3. The Determination of General Principles of Law; 4.3.1. Recourse to Judicial Decisions and Scholarly Writing; 4.3.2. The ‘Vertical Move’; 4.3.3. The ‘Horizontal Move’; 4.3.4. Last Observations on the Issue of Determination; 4.4. The Transposition of General Principles of Law; 4.4.1. Substantive and Procedural Criminal Law; Analogies; 4.4.2. The Problems of Transposition; 4.5. Concluding Remarks Chapter 5: Conclusions Bibliography Index

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Book SynopsisThis book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.Table of ContentsLIST OF ABBREVIATIONS; ACKNOWLEDGMENTS; INTRODUCTION PART I. GENERAL APPROACHES TO THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES 1. THE GENERAL FRAMEWORK OF THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES - Clarifying Some Basic Concepts - The Overlap between State and Individual Responsibility for International Crimes - The Relationship between State and Individual Responsibility for International Crimes in the Works of the ILC - Historical Overview 2. THEORETICAL APPROACHES TO THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES - Dual Responsibility for International Crimes - Diverging Approaches to the Relationship between State and Individual Responsibility for International Crimes - The Individual-Oriented and State-Oriented Conceptual Schemes - Concluding Observations PART II. THE OVERLAP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES IN INTERNATIONAL PRACTICE 3. THE OVERLAP OF THE MATERIAL ELEMENT: THE SERIOUSNESS REQUIREMENT - Two Different Concepts of Seriousness - Theoretical Approaches to the Seriousness Requirement - The Seriousness Requirement as Applied in International Case Law - Concluding Observations 4. THE OVERLAP OF THE PSYCHOLOGICAL ELEMENT: MENS REA V. FAULT - The Psychological Element and State Responsibility - Theoretical Approaches to the Psychological Element - The Psychological Element as Applied in the International Case Law - Concluding Observations 5. DEFENCES AND CIRCUMSTANCES PRECLUDING WRONGFULNESS - Theoretical Approaches to the Relationship between Defences and Circumstances Precluding Wrongfulness - Overlapping Defences and Circumstances Precluding Wrongfulness - Circumstances Precluding Wrongfulness and International Criminal Law - Concluding Observations 6. ASCRIBING RESPONSIBILITY FOR COLLECTIVE CRIMES: MODES OF LIABILITY - Linking Individual Liability to Collective Criminal Conduct - The Crime of Membership in a Criminal Organization - Modes of Collective Liability under International Criminal Law - Joint Criminal Enterprise and Mass Atrocities - Modes of Collective Liability and State Responsibility - Concluding Observations 7. ESTABLISHING STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES - Issues of State Responsibility before International Criminal Tribunals - Connections in the Establishment of State and of Individual Responsibility - Establishing State and Individual Responsibility for Aggression - Concluding Observations PART III. THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES 8. COMPLEMENTARITY BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES - The Relationship between State and Individual Responsibility according to International Practice - A Functional Analysis of State and Individual Responsibility for International Crimes - The Complementarity between State and Individual Responsibility for International Crimes 9. TOWARDS A DUAL RESPONSIBILITY PARADIGM? - Theoretical Approaches and the Complementarity between State and Individual Responsibility for International Crimes - The Theoretical Framework Explaining the Complementarity between State and Individual Responsibility for International Crimes - Towards a Dual Responsibility Paradigm? BIBLIOGRAPHY; LIST OF CASES; INDEX

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