Public international law: criminal law Books

Book SynopsisThis collection of essays assesses the legacy established by the most important international criminal tribunal since the Nuremberg and Tokyo war crimes trials, and considers what might be done to enhance or modify the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), including improvement of the capacity of state courts in the region to prosecute violations of humanitarian law by using the Tribunal’s documents, evidence, law, and practice. The essays are derived from a conference, Assessing the Legacy of the ICTY, which was convened in The Hague. Participants included over 375 stakeholders from the former Yugoslavia; officials from the Tribunal’s Chambers, Registry, and the Office of the Prosecutor; justice ministers and other government officials from Europe; and all elements of civil society—representatives of nongovernmental organizations, lawyers, and academics.Table of ContentsACKNOWLEDGEMENTS; PREFACE BY SANELA DIANA JENKINS; ABBREVIATIONS; INTRODUCTION: Constructing the Legacy of the ICTY Richard H. Steinberg, Professor of Law, UCLA;National Ownership: The Key Concept of the Tribunal's Legacy Vision Judge Patrick Robinson, ICTY President; Visions of the Legacy Ed Kronenburg, Secretary General, Ministry of Foreign Affairs, The Netherlands ; PART I: THE ICTY’S LEGACY STRATEGY AND LEGACY PROJECTS: VIEWS FROM THE TRIBUNAL AND OTHER INTERNATIONAL ORGANIZATIONS; Outstanding Questions Geoffrey Robertson Q.C ; Creating a Legacy that Supports Sustainable Rule of Law in the Region Judge Patrick Robinson, ICTY President; The Legacy of the ICTY: Fair Trials and Cooperation with Local Courts Dr. Serge Brammertz, ICTY Prosecutor; Optimizing the Effectiveness of the Knowledge Transfer: The Significance of Inter-Institutional Cooperation Between the ICTY, ODIHR and UNICRI Janez Lenarčič, Director of OSCE ODIHR; Peace Building and Security Through Information Fancesco Marelli, UNICRI Representative; The Legacy of the ICTY : Multiple Levels of Cooperation and Necessary Undertakings John Hocking, ICTY Registrar; The ICTY’s Legacy Strategy and Legacy Projects Pierre Mirel, Director for Western Balkans, Directorate-General for Enlargement, European Commission; PART II: PLANS FOR THE LONG TERM: THE RESIDUAL MECHANISM(S), AND THE ICTY’S ARCHIVES AND INFORMATION CENTRES; Core Issues: Establishing Archives and the Residual Mechanism Navanethem Pillay, United Nations High Commissioner for Human Rights; The Role of the UN Security Council in Preserving the Tribunals’ Legacy: The Establishment of a Residual Mechanism and the Preservation of Archives Konrad Büehler, Legal Adviser, Permanent Mission of Austria to the UN & Austrian Chair of the Security Council’s informal Working Group on International Tribunals; A Home Away from Home Peter van der Vliet, Ministry of Foreign Affairs, The Netherlands ; How Best to to Preserve the Records of the ICTY Elizabeth Emmerson, Archivist, ICTY Registry ; What is the Role of the UN Archives in the Long-Term Legacy of the ICTY? Bridget Sisk, Chief of UN Archives and Records Management Section; Availability and Accessibility of ICTY Archives via Information Centres Catherine Marchi-Uhel, Head of Chambers, ICTY; Preserving ICTY’s Legacy Through Partnership, Oversight, and a Regional Institution Nataša Kandić, Humanitarian Law Center, Serbia; The Security Council’s Critical Role in Preserving the Tribunal’s Legacy in the Long Term Larry D. Johnson, Adjunct Professor, Columbia Law School; PART III: THE ICTY’S LEGACY FOR THE VICTIMS AND THE COMMUNITIES IN THE FORMER YUGOSLAVIA: VIEWS FROM CIVIL SOCIETY; Everything to Everyone: the Debate over the Final Location of the ICTY Archives Gabrielle Kirk McDonald, former ICTY President; The Need for Large Scale Victim Reparations Summary of Remarks by Vesna Teršelič, Documenta, Croatia; History, Myths, and the Promotion of Truth: Transforming the ICTY Legacy into a Living Memorial Mirsad Tokača, Research and Documentation Center, Bosnia and Herzegovina; Victims’ Perspectives Edin Ramulić, Izvor Association, Prijedor, Bosnia and Herzegovina; The Relevance of the ICTY Legacy for the Victims and Communities in Bosnia and Herzegovina Prof. Smail Čekić, Director of the Institute for Research of Crimes against Humanity and International Law, Sarajevo University; Building the ICTY’s Legacy for Local Communities Mirko Klarin, SENSE News Agency; A Long Road Yet to Reconciliation: The ICTY’s Impact on Reconciliation and Victims’ Perceptions of Criminal Justice Refik Hodžić, ICTY Registry Liaison Officer in Bosnia and Herzegovina; The Tribunal’s Legacy in Finding Missing Persons Lina Milner, Chair of the Kosovo Working Group of Missing Persons; Historical Reflection and Peacebuilding for the Region Kelly Askin, Senior Legal Officer, Open Society Justice Initiative; The Archives as a Means of Confronting the Past Bogdan Ivanišević, Consultant, International Centre for Transitional Justice ICRC official; Turning Darkness into Light: The Quest for Justice by Srebrenica’s Mothers Munira Subašić, President, Mothers of Srebrenica ; PART IV: BUILDING THE CAPACITY OF NATIONAL LEGAL SYSTEMS IN THE REGION; The Legacy of the ICTY: National and International Efforts in Capacity Building Mark Ellis, Executive Director, International Bar Association; United Nations Capacity-Building: Basing Efforts on Nationally-Assessed Goals, Policies and Needs Shelley Inglis, Rule of Law Officer, Office of the Deputy Secretary-General; The European Union and its Role in Providing Support to the Regional Entities Vincent Degert, Head of EC Delegation to Serbia; U.S. Efforts to Build Capacity in the Former Yugoslavia Barbara Carlin, Resident Legal Advisor, US Embassy in Sarajevo; The ICTY’s Continuation Strategy: Partnership with Regional Judges and Attorneys Judge Fausto Pocar, Member, ICTY Chambers Coordination Body for Contacts with National Jurisdictions; International Facilitation of the Self-Determined Development of the Legal System of the Former Yugoslavia Judge Bakone Justice Moloto, Member, ICTY Chambers Coordination Body for Contacts with National Jurisdictions; Capacity Building: Its Evolution through Direct Interaction: A Prosecutor’s Perspective Norman Farrell, Deputy Prosecutor, ICTY; “Capacity Building”: The Institutional War Crimes Prosecution Legacy of the ICTY and the International Donor Community in Bosnia and Herzegovina David Schwendiman, former Deputy Chief Prosecutor and Head of Special Department for War Crimes, Prosecutor’s Office of Bosnia and Herzegovina ; Lessons for Teachers: Reflections on the Implementation of Capacity Building Programs in the former Yugoslavia Ivan Jovanović, War Crimes Legal Advisor, OSCE Mission to Serbia ; PART V: NATIONAL WAR CRIMES PROCEEDINGS: VIEWS OF JUDGES, PROSECUTORS, AND OTHERS IN THE REGION; The Transplant of Customary Law and ICTY Jurisprudence to the Courts in Bosnia and Herzegovina Meddžida Kreso, President, Court of Bosnia and Herzegovina; Long Term Accountability Milorad Barašin, Chief Prosecutor, Prosecutor’s Office of Bosnia and Herzegovina; The Independence of the Croatian Judiciary Branko Hrvatin, President of the Supreme Court of Croatia; Prosecution of War Crimes in Croatia Mladen Bajić, Chief State Attorney of Croatia ; Creating a Legacy of Coooperation Siniša Važić, Acting President of the Belgrade District Court ; On Regional Cooperation, Progress, and the International Legacy of the ICTY Vladimir Vukčević, Serbian War Crimes Prosecutor; PART VI: THE WAY FORWARD; The Impact of Discourse on the Tribunal’s Legacy Richard Dicker, Human Rights Watch ; The Way Forward Judge Patrick Robinson, ICTY President; The Tribunal’s Comprehensive Legacy Strategy – Key Elements and Leading Actors John Hocking, ICTY Registrar; Rule of Law and the Ambition of a Regional Legacy: Overcoming Political Challenges Prof. Richard H. Steinberg, UCLA School of Law; ICTY’s Strategy and Legacy Projects Ernst Hirsch Ballin, Minister of Justice, Netherlands; Preserving the Legacy of the ICTY: A Blueprint for the Future Srđan Arnaut, Deputy Minister of Justice of Bosnia & Herzegovina; The Effect of the ICTY on the Region Summary of Remarks by Ivan Šimonović, Minister of Justice, Croatia; Creating a Legacy for Robust Defense Tomislav Višnjić , Minister of Justice, Croatia; CONCLUSIONS; Hope for the Future of Justice Ernst Hirsch Ballin; Constructing the Legacy: Convergence Among the Stakeholders Prof. Richard H. Steinberg, UCLA School of Law; The Values of Patience and Open Discourse Judge Patrick Robinson, ICTY President; APPENDIX 1 – CONTRIBUTORS; INDEX

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Book SynopsisDuring the last decades of the 20th century, a consensus has emerged that the Dutch Code of Criminal Procedure (CCP), which had entered into force in 1926, had become dysfunctional in connection with both main objectives of criminal procedure. The research project ‘Strafvordering 2001’ aimed at answering the question how a CCP would look which meets contemporary needs and corresponds to state of the art doctrinal views, and is coherent in the sense that it offers a systematic criminal procedure approach. The Dutch government responded to the research findings by means of the introduction of several legislative acts. The contributions in this book discuss the question of whether the legislator has succeeded in improving the law of criminal procedure.Table of ContentsPreface; 25 years of criminal procedure in the Netherlands Geert Corstens 1. Introduction 2. Moons Committee and Criminal Procedure (Strafvordering) 2001 3. Consensuality in criminal law 4. Protection of the accused and the victim 5. More powers for the police and Public Prosecution Service 6. Flexible review by the criminal court of breaches of procedural rules 7. Conclusion The Dutch system of legal remedies Jan Watse Fokkens and Nathalie Kirkels-Vrijman 1. Introduction 2. Appeal 3. Appeal in cassation 4. Retrial 5. Conclusion The judge in the pre-trial investigation Stijn Franken 1. The narrow margins of the debate 2. Theory and practice 3. The duties of the examining magistrate 4. Not more, but less and better Some main findings of ‘Strafvordering 2001’ and the subsequent reform of Dutch criminal procedure Marc Groenhuijsen 1. Introduction 2. Main reasons for dysfunctional Code and ad hoc solutions 3. The research project ‘Strafvordering 2001’: scope, method and main findings 4. How did the government respond to these findings? 5. Reflection on general trends 6. Conclusion The extrajudicial disposal of criminal cases Tijs Kooijmans 1. Introduction 2. Historic backgrounds of the punishment order 3. The main aspects of the Public Prosecution Service (Settlement) Act 4. Similarities and differences between Criminal Procedure 2001 and the Public Prosecution Service (Settlement) Act 5. In conclusion Internal access in the preliminary investigation Dirk van der Landen 1. Introduction 2. The statutory rules on internal access to the preliminary investigation 3. Criminal Procedure 2001 (Strafvordering 2001) 4. In conclusion The examination in court according to Criminal Procedure 2001 (Strafvordering 2001), partly as a reflection on trial by jury Theo de Roos 1. Introduction 2. The jury as a mirror 3. Starting points of Criminal Procedure 2001 and the examination in court 4. The public examination in court and the establishment of the truth in an international perspective 5. The meaning of the substantiation of evidence 6. In conclusion The law of evidence and substantiation of evidence Joep Simmelink 1. Introduction 2. The impetus: the sub-report on ‘Evidentiary Law and Substantiation of Evidence’ 3. Legal development after ‘Criminal Procedure 2001’ 4. Reference points for further legal development Reform proposals on Dutch criminal procedure – A German perspective Thomas Weigend 1. Introduction: the pleasures of comparing law 2. Aspects of Strafvordering 2001: general issues 3. Aspects of Strafvordering 2001: specific issues 4. Conclusion A Review of the Criminal Courts of England and Wales by The Right Honourable Lord Justice Auld; Index.

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Book SynopsisThis collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.Table of ContentsExcerpt of table of contents: I. About the Authors and Editors II. Foreword III. Acknowledgements IV. Introduction Part One – Addresses from the Joakim Dungel Lectures in International Justice V. An Analysis of Whether the Actions of the 7th Cavalry at Wounded Knee Creek on 29 December 1890 Were Crimes Under the Applicable Law of the Time VI. About Responsibility VII. Drones and the Law of Armed Conflict: the State of the Art Part Two – The Protection of Non-Combatants During Armed Conflict VIII. Protecting Children in Armed Conflict Through Complementary Processes of Political Engagement and International Criminal Law IX. Target practice: Do United Nations Sanctions Protect Civilians against Al-Qaida? X. The United Nations in Afghanistan: Policy as Protection? XI. A Deterrent Effect of Domestic German Prosecutions for Crimes Committed by German Military in Afghanistan? – Protecting Civilians from Inadvertent Attacks by Friendly Foreign Forces XII. Criminalising the Denial of a Fair Trial as a Crime Against Humanity XIII. The Place of International Criminal Law Within the Context of International Humanitarian Law XIV. Disproportionate Attacks in International Criminal Law XV. Judicial ‘Law-Making’ in the Jurisprudence of the ICTY and ICTR in Relation to Protecting Civilians from Mass Violence: How Can Judge-Made Law be Brought into Coherence with the Doctrine of the Formal Sources of International Law? XVI. The African Court on Human and Peoples’ Rights and the Use of Provisional Measures for the Protection of the Civilian Population in Armed Conflict Situations Part Three – Safeguarding the Rights of Victims in Post-Conflict Society XVII. Promoting and Protecting the Long-term Needs of Victims of Armed Conflict: The Potential Role of National Human Rights Institutions XVIII. La Reconnaissance du Bénéfice de l’Indemnisation aux Victimes de Violations des Droits de l'Homme par la Cour Internationale de Justice XIX. The ICC Reparations Scheme: Promise for Victims or Recipe for Failure? – A Critical Discussion of Joakim Dungel’s Unpublished Article ‘Reparations and the ICC: Is the Court Ready for the Job?’ XX. Index.

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Book SynopsisThis unique collection of essays celebrates the twentieth anniversary of the seminal journal the European Journal of Crime, Criminal Law and Criminal Justice, as well as the outstanding and uninterrupted work over that period of its founding Editor-in-Chief, Professor Cyrille Fijnaut. The volume consists of a selection of some of the most ground-breaking articles published over the past twenty years, covering the three areas of focus of the journal: problems of crime, developments in criminal law and changes in criminal justice. It thus explores such diverse issues as the problems of crime in Central and Eastern Europe after the disappearance of the Soviet Union and the collapse of Yugoslavia; the allocation of criminal law power in the European Union; police cooperation in the border areas of the Member States; the criminalization of white collar crime; the establishment of European police services and of a European Public Prosecutor’s Office; new forms of criminal justice cooperation between the Member States; and many others. The journal's unique multidisciplinary approach and its commitment to offer insights from a wide variety of European countries and language areas ensure that a varied range of perspectives are offered on the topics discussed. The result is an enlightening and highly readable anthology, shedding light on the extraordinary developments that have taken place in the area of crime and punishment in Europe.Table of ContentsSources of Articles; Preface; Introduction Cyrille Fijnaut; Part I – Crime 1. The Italian and Russian Mafia The Integration of the Italian Crime Scene Letizia Paoli; Criminal Kaleidoscope: The Diversification and Adaptation of Criminal Activities in the Soviet Successor States Louise Shelley; Twenty Years Ago: The Assassinations of Giovanni Falcone and Paolo Borsellino Cyrille Fijnaut; 2. The Crime Problems in Central and Eastern Europe Social Changes and Rising Crime Rates: The Case of Central and Eastern Europe Miklos Levay; Experiences of the International Crime Victim Survey in Slovenia, Croatia, Macedonia and Yugoslavia Biljana Simeunović-Patić; Understanding a ‘Culture of Violence and Crime’: the Kanun of Lek Dukagjini and the Rise of the Albanian Sexual-Slavery Rackets Jana Arsovska; Part II – Criminal Law 1. The Division of Criminal Law Power in the European Union The Influence of European Community Law on the Criminal Law of the Member States Roger France; The Treaty Establishing a Constitution for Europe and Challenges for Criminal Law at the Commencement of 21st Century Maria Kaiafa-Gbandi; 2. The Legal Approximation of the Fight against Regular Serious Crime The Protection of the Euro against Counterfeiting Ciro Grandi; A Definition that Could not Work: the EU Framework Decision on the Fight against Organised Crime Francesco Calderoni; 3. The Criminalisation of White Collar Crime Forging the European Cartel Offence: The Supranational Regulation of Business Conspiracy Christopher Harding; Union Regulatory Criminal Law Competence after Lisbon Treaty Jacob Oberg; Part III – Criminal Justice 1. The Collapse of the Iron Curtain and the Transition of Justice Problems in Blaming and Punishing Individuals for Human Rights Violations: the Example of the Berlin Wall Shootings Susanne Walther; Regime Change, State Crime and Transitional Justice: A Criminal Law Retrospective Concentrating on Former Eastern Bloc Countries Jorg Arnold in collaboration with Emily Silverman; 2. The Cooperation between Police Services in Border Areas Police Co-operation in the English Channel Region 1968-1996 James Sheptycki; Policing Across a Dimorphous Border: Challenge and Innovation at the French-German Border Detlef Nogala; On Joint Investigation Teams, Europol and Supervision of Their Joint Actions Tom Schalken and Maarten Pronk; Joint Investigation Teams in the European Union: Article 13 JITS and the Alternatives Toine Spapens; 3. The Foundation of European Police Services Euro-Cops? Just Say Maybe: European Lessons from the 1993 Reshuffle of US Drug Enforcement Frank Verbruggen; Towards an Independent European Agency to Fight Fraud and Corruption in the EU? John Vervaele; 4. The Establishment of a European Public Prosecution Service A European Public Prosecution Service: Comments on the Green Paper Cyrille Fijnaut and Marc Groenhuijsen; Constitutional Conditions for a Public Prosecutor’s Office at the European Level Walter van Gerven; The Januses of Justice: How Prosecutors Define the Kind of Justice Done Across Europe Marianne Wade; 5. The Mechanisms for Cooperation in Criminal Matters The European Arrest Warrant – the Early Years: Implementing and Using the Warrant Mark Mackarel; DNA Analysis and Criminal Proceedings: The European Institutional Framework Elisabeth Symeonidou-Kastanidou;

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Book SynopsisThis unique volume collects articles and contributions to edited books published throughout his distinguished career by Professor Cyrille Fijnaut, one of the world's leading experts in the fields of organised crime, security and criminology. It makes clear what issues the author systematically explored over the years and how he helped to shape the fields in which he has worked, and continues to work. The texts, reflecting the author's profound understanding of these complex fields and wealth of experience on a practical level, are presented systematically. In addition, the volume offers English translations of seminal articles published originally in Dutch, thus making these important texts accessible to international scholars for the first time ever. The volume thus constitutes a unique and indispensable resource for scholars and practitioners, inside and outside the Netherlands.Table of ContentsForeword; Curriculum Vitae: Prof. em. dr. dr. h.c. Cyrille Fijnaut; Introduction; I. A New Field of Academic Research in Europe 1. Seeking Refuge in Power? A Historical Study of the Police as a Political Institution 1. How to Reconstruct the Political History of a Police System?; 2. The Evolution of the Modern Police System in Western Europe: A Model; 3. A Few Comments on this Model; 4. A Taste of the Political History of the Belgian Police; 2. The Limits of Direct Police Co-operation in Western Europe 1. Between Police Dream and Political Action: EUROPOL and TREVI; 2. EUROPOL ; 3. Towards a New Organization of General Police Co-operation in Western Europe; 3. The Internationalization of Criminal Investigation in Western Europe 1. Introduction; 2. An Image of the Past; 3. The Developments over the Past Two Decades; 4. Conclusion; 4. Police Co-operation within Western Europe 1. Introduction;2. A Flashback to the Past; 3. Undiscussed Issues and Forgotten Problems; 4. The Economic Unification of Western Europe in 1992 and the Further Internationalisation of Police Co-operation; 5. Conclusion; 5. The International Criminal Police Commission and the Fight Against Communism, 1923–1945 1. Introduction; 2. The Anti-Communist Orientation of International Police Co-operation before 1923; 3. The Foundation of the ICPC; 4. The Re-Emergence of Interpol: Some Final Remarks; II. Research and Policy in a Transatlantic Perspective 6. The François Case: Considerations Following the Court’s Decision 1. Introduction; 2. The Creation of the BCI and the NBD; 3. The NBD: The Domestic Police Counterpart; 4. The Influence of the US Foreign Police Policy; 5. Final Remarks of the First Analysis 7. The Normalization of Undercover Policing in the West: Historical and Contemporary Perspectives 1. Undercover: An Enduring Ingredient of Modern Policing; 2. Developments in the United States; 3. Undercover Returns to Europe; 4. The Articles; 8. The Analysis and Containment of Organized Crime in Europe: An Interview with Cyrille Fijnaut 9. Organized Crime: A Comparison Between the United States of America and Western Europe 1. Introduction; 2. The Debate in the United States; 3. The Debate in Western Europe; 4. General Conclusion; 10. Organized Crime: The Forms It Takes, Background and Methods Used to Control it in Western Europe and the United States 1. Introduction; 2. The Forms in which Organized Crime Appears; 3. The Background of Organized Crime; 4. Methods to Control Organized Crime; 5. Conclusion; 11. Organized Crime and Anti-Organized Crime Efforts in Western Europe: An Overview 1. Introduction; 2. Images of Organized Crime in Western Europe; 3. The Containment of Organized Crime in Western Europe; 4. Conclusion; 12. The Italian Mafia in Belgium: An Analysis of the Bongiorno-Steinier Case 1. Introduction; 2. The Migration of the Italian Mafia to North-Western Europe; 3. The Grip of the Italian Mafia on the Construction Industry in New York; 4. The Bongiorno-Steinier Case: The Mafia in Belgium?; 5. In Conclusion: Some Considerations Regarding Policy; 13. The Italian Mafia in the Netherlands 14. Researching Organized Crime 1. Introduction; 2. The Necessity of Research; 3. The Possibility of Research; 4. Outside and Inside the Underworld; 5. Outside and Inside the Police; 6. The Go-between: The Newspapers; 7. My Own Research in Rotterdam; 8. Conclusion; 15. Organized Crime in the Netherlands 1. Introduction; 2. The Drug Trade; 3. Trafficking in Women; 4. Trafficking in Firearms; 5. Car Theft; 6. Forms of Fraud; 7. Conclusion; 16. The Administrative Approach to Organised Crime in Amsterdam: Background and Developments 1. Introduction; 2. The Transatlantic Connection: New York Policy on the Cosa Nostra ; 3. Turnaround in Dutch Views circa 1990; 4. First Initiatives in Amsterdam; 5. The Fijnaut/Bovenkerk Report on Organised Crime in the Inner City; 6. European Union Policy on Prevention of Organised Crime; III. The Emerging Criminal Policy of the European Union 17. Empirical Criminological Research on Organised Crime: The State of Affairs in Europe 1. Introduction; 2. The Actual State of Empirical Research; 3. Why Such a Paucity of Original Research?; 4. In Conclusion: Some Observations on the Future of Empirical Organised Crime Research; 18. Organized Crime: A Threat for the European Union? 1. Introduction; 2. The Definition and Investigation of Organized Crime; 3. The Problem of Organized Crime in the European Union; 4. Conclusion; 19. The ‘Communitization’ of Police Cooperation in Western Europe 1. Introduction; 2. The Existing Framework for International Police Cooperation; 3. The German Position in the Debate on the Reform of Police Cooperation in Western Europe; 4. The Significance of the German Initiative Towards the European Communities; 5. Conclusion; 20. The Schengen Treaties and European Police Co-operation 1. Introduction; 2. Preliminaries for a Discussion about the Significance of the Schengen Treaties; 3. The Innovative Character of the Schengen Convention; 4. From the Schengen Treaties to the Treaty on European Union: The Foundation, Position, Task and Powers of Europol; 5. Final Remarks; 21. Police Cooperation Along the Belgian–Dutch Border 1. Introduction; 2. The Formal Arrangements of Police Cooperation; 3. Factual Forms of Police Cooperation; 4. Conclusion; 22. International Policing in Europe: Present and Future 1. Introduction; 2. The Evolution of International Police Co-operation; 3. The Establishment of Transnational Police Systems; 4. The Harmonisation of national policing; 5. The Americanisation of Policing in Europe; 6. An Evaluation of the Present Situation in Western Europe; 7. The Democratic Viewpoint; 8. The Legal Viewpoint; 9. The Operational Viewpoint; 10. The European Perspective for the Future; 11. International Policing within the European Economic Space; 12. Police Co-operation and Harmonisation with the Non-EFTA States: A Role for the Council of Europe; 13. The United Nations and International Policing in Europe; 14. Concluding Remarks 23. Policing International Organized Crime in the European Union 1. Introduction; 2. The Problem of Organized Crime; 3. The Restructuring of Police Cooperation; 4. Some Comments on the Gap between Rhetoric and Reality; 24. Intergovernmental Cooperation on Drug Control: Debates on Europol 1. The Treaty of Maastricht with Respect to Europol; 2. The European Parliament and Europol; 3. Conclusion; 25. Transnational Organized Crime and Institutional Reform in the European Union: the Case of Judicial Cooperation 1. The Problem of Organized Crime in the EU; 2. Judicial Cooperation before the Treaty of Amsterdam; 3. The Treaty of Amsterdam and Judicial Cooperation; 4. Conclusions; 26. A European Public Prosecution Service: Comments on the Green Paper 1. Introductory Remarks; 2. The Appearance and Basis of the European PPS; 3. A Clay Base and an Empty Figure; 4. Mandatory or Discretionary Prosecution Principle?; 5. Harmonization of the Law of Evidence; 6. Conclusion; 27. Police Co-operation and the Area of Freedom, Security and Justice 1. Introduction; 2. Police Co-operation under the Third Pillar: A General Characterization; 3. Three Important Issues in the Current Development of Police Co‑operation; 4. Police Co-operation and (Organized) Crime; 5. Visions for the Future of the European Convention and the European Commission; 6. Conclusion; IV. The Quantum Leap in the European Area of Freedom, Security and Justice 28. Organised Crime in Europe and Beyond: Some General Considerations 1. Organised Crime: A Complicated and Controversial Topic; 2. Organised Crime: A Multifaceted Phenomenon; 3. Organised Crime: An Important Glocal (Global and Local) Challenge; 4. Concluding Remarks; 29. Organised Crime in Europe: A Comparative Synthesis of its History 1. The Difficulty and Importance of Historical Research, Comparative or Otherwise; 2. The Dynamics of the History of Organised Crime; 3. The Necessary Embeddedness of Organised Crime in Society; 4. The Diversity of Organised Crime in the Past; 5. Some Building Blocks for a Historical Classification of Criminal Groups; 6. The Illegal Activities of Gangs and Bandits; 30. Organised Crime in Europe: An Introduction to Sources and Literature 1. The Level of the Council of Europe; 2. The Level of the European Union; 3. The Level of the Regions: The Baltic Sea Region and the South-Eastern European Region; 4. The Level of Individual States: Germany, Italy, the Netherlands, Belgium and the United Kingdom; 5. Organised Crime in Europe: A Jigsaw Puzzle with Many Missing Pieces; 31. Organised Crime in Europe: A Picture of The Initiatives of the European Union and the Council of Europe 1. The Fight against Organised Crime in the ‘Area of Freedom, Security and Justice’; 2. The General Policy of the European Union on Organised Crime; 3. The Growing Relevance of the Fight against Organised Crime in Foreign Policy; 32. Organised Crime and Its Control Policies 1. The History of the Concept; 2. Organised Crime Patterns; 3. Control Policies; 33. Introduction of the New York Double Strategy to Control Organised Crime in the Netherlands and the European Union 1. Introduction; 2. The Innovative Approach to Tackling Organised Crime in New York; 3. Application of the American Double Strategy in the Netherlands; 4. Introduction of the Double Strategy in the Meuse-Rhine Euroregion; 5. The Policy of the European Union to Contain Organised Crime; 6. Conclusion; 34. The Attacks on 11 September 2001, and the Immediate Response of the European Union and the United States 1. The Policy of the European Union before 11 September; 2. The Policy of the United States before 11 September; 3. The Response of the European Union to the Attacks; 4. The Response of the United States to the Attacks; 5. The Policy of the European Union in the Future; 35. Cooperation Between the Member States of the European Union in Combating International Islamist Terrorism 1. Introduction; 2. Underestimating the Threat of Islamist Terrorism; 3. The threat of Islamist terrorism; 4. The Strengths and Weaknesses of the EU’s Policy; 5. To Conclude; 36. Intelligence Agencies in Europe and the United States: Their Reorientation after the Fall of the Berlin Wall and 11 September 2001 1. Some Thoughts on the General History of Intelligence Agencies in Europe; 2. Some Thoughts on the History of Intelligence Agencies in the United States; 3. The Reform of US Intelligence Agencies (and the Associated Debate); 4. The Consequences for the Intelligence Agencies in Western Europe; 5. Conclusion; 37. Exercising Supervision over Intelligence Services in a Historical and Comparative Perspective 1. Introduction; 2. Several examples from the history of political intelligence activities; 3. Differences are Too Great for Organising the (In)direct Supervision in a Uniform Way; 4. Conclusion; 38. Controlling Organized Crime and Terrorism in the European Union 1. Introduction; 2. A Picture of these Phenomena in the EU; 3. An Overview of the Policy Measures; 4. The Possible Role of the Constitutional Treaty; 5. Conclusion; 39. The Hague Programme and Police Cooperation Between the Member States of the EU 1. Introduction; 2. The Key Points in the Hague Programme; 3. The Transformation of the ‘Hague’ Police Policy into an Action Plan; 4. Implementation of the Action Plan: Where Things Stand Today; 5. Conclusion; 40. Revolution or Evolution through the Treaty of Lisbon: Police Cooperation in Europe in a Broader Historical Context 1. The Early History of Police Cooperation in Europe; 2. Turbulent Times (1975 to 2005); 3. The Treaty of Lisbon; 4. Conclusion; 41. The Meuse–Rhine Euroregion: A Laboratory for Police and Judicial Cooperation in the European Union 1. Introduction; 2. A Portrait of the Meuse-Rhine Euroregion; 3. The History of Law Enforcement Cooperation in the Euroregion; 4. The Framework of the Treaty on the European Union; 5. Recent Bilateral, Trilateral and Multilateral Conventions on Police Cooperation; 6. Enhancing Police and Judicial Cooperation in the Meuse-Rhine Euroregion; 7. The Potential Impact of the Lisbon Treaty and Future Group Reports; 8. Conclusion; 42. Twenty Years Ago: The Assassinations of Giovanni Falcone and Paolo Borsellino 43. The European Parliament and Organised Crime: The Impending Failure of the Alfano Committee 44. The Past, Present and Future of General Police Cooperation within the European Union 1. Introduction; 2. A Look Back at the Recent Past; 3. From Maastricht via Amsterdam and Tampere to The Hague; 4. The Treaty of Lisbon and Police Cooperation; 5. Conclusion; 45. The Refugee Crisis: The End of Schengen? V. Important Issues in the Framework of the United Nations 46. The UN Convention and the Global Problem of Organized Crime 1. Introduction; 2. Three Comments on the Convention; 3. The Limits of Our Knowledge about Organized Crime in the World; 4. The Significance of the Convention for Research into Organized Crime; 5. Conclusion; 47. Transnational Organized Crime 1. Introduction; 2. The Notion of Transnational Organized Crime; 3. The Contemporary Manifestations of Organized Crime; 4. Policies to Contain Organized Crime; 5. Concluding Remarks; 48. The Globalisation of Police and Judicial Cooperation: Drivers, Substance and Organisational Arrangements, Political Complications 1. Introduction; 2. Drivers of the Globalisation of Police and Judicial Cooperation; 3. The Institutional Contexts of Police and Judicial Cooperation; 4. The Political Complications of Cooperation; 5. Conclusion; 49. The Role of the Police Worldwide in the Containment of the Illegal Production, the Illegal trade and the Illegal Possession of Small Arms and Light Weapons 1. Introduction; 2. The SALW Problem: A Glocal Problem; 3. UN Policies and the Fight against the Trade in (Illegal) Weapons; 4. A Typical Example: The EU and the SALW Problem; 5. Towards a More Prominent Role for the Police in Dealing with the SALW Problem; 6. Conclusions and Recommendations; 50. Drug Trafficking 1. Introduction; 2. Illegal Drug Markets Today: Some Figures; 3. The Rise of the International Drug Control Regime and the Expansion of Illegal Drug Markets; 4. Production of Major Illegal Drugs; 5. Cross-border Trafficking of Drugs; 6. Smuggling of Heroin; 7. Smuggling of Cocaine; 8. Smuggling of Synthetic Drugs; 9. Smuggling of Cannabis; 10. Drug Distribution; 11. Policies against Drug Trafficking; 12. Concluding Remarks; 51. Legalisation of Cannabis in Some American States: A Challenge for the European Union and its Member States?

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Book SynopsisExclusion from refugee status for the suspected commission of serious crimes is a topic fraught with political and legal controversy. This is an area which sees the intersection of refugee law with international criminal and humanitarian law and, increasingly, measures taken in the fight against terrorism. In Terrorism and Exclusion from Refugee Status in the UK, Sarah Singer examines whether and how ‘terrorism’ has featured in the UK’s interpretation and application of the Refugee Convention’s ‘exclusion clause’. A number of sources are drawn on including questionnaires and interviews conducted with immigration judges, the Home Office’s exclusion unit and legal practitioners. She therefore provides an unprecedented and thorough analysis of the UK’s approach to asylum seekers suspected of serious criminality.Table of ContentsContents 1 Introduction 11 1 What is Terrorism? 15 2 Article 1F and Terrorism 19 3 Methodology 23 2 Interpreting Article 1F 26 1 The Vienna Rule and the Interpretation of Human Rights Treaties 28 2 The Interpretation of Article 1F in the UK 39 3 Conclusions 52 3 Terrorism as a Crime against Peace, a War Crime, a Crime against Humanity or a Serious Non-political Crime 54 1 Terrorism as a Crime against Peace, a War Crime or a Crime against Humanity 55 2 Terrorism as a Serious Non-political Crime 69 3 Conclusions 83 4 Terrorism as Acts Contrary to the Purposes and Principles of the United Nations 85 1 The Early Cases 89 2 The UK’s Domestic Definition of Terrorism, the EU Qualification Directive and the Court of Appeal 97 3 The Supreme Court’s Judgment in Al-Sirri 104 4 Action against UN Mandated Forces as Acts Contrary to the Purposes and Principles of the United Nations 114 5 Conclusions 120 5 Responsibility and Membership of a Terrorist Organisation 123 1 The Gurung Doctrine 127 2 The Problems in Identifying an ‘Extreme Terrorist Organisation’ 130 3 Towards Convergence with International Criminal Law 135 4 International Criminal Law and the Gurung Doctrine 139 5 International Criminal Law and Lord Brown’s Formulation of Article 1F Responsibility 145 6 Conclusions 148 6 The Application of Article 1F 150 1 When Article 1F is Raised 151 2 The Limb of Article 1F That is Relied upon 157 3 How Often Article 1F is Raised 172 4 The Increase in the Application of Article 1F 179 5 Who is Being Excluded under Article 1F 193 6 Conclusions 198 7 The Exclusion Process 200 1 The Exclusion Decision 201 2 The Consequences of Exclusion 214 3 The Appeal 223 4 Conclusions 238 Conclusions 240 Bibliography 247 Books and Monographs 247 Chapters and Articles 248 Index 253

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Book SynopsisWhat is sensible when it comes to developing and implementing a policy with regard to products which in the case of regular use are harmful, but which at the same time exert a strong attraction, even so strong that people (may) become dependent on or addicted to them? This question relates to many illicit drugs, but these days it is, both nationally and internationally, mainly related to the policy regarding the production, distribution and consumption of cannabis. Generally speaking, the legalization of cannabis in Uruguay and in some states of the United States of America, in particular Colorado and Washington State, has given a powerful impetus to the discussion about the cannabis policy. In the Netherlands, that discussion has become increasingly relevant over the past years because of the struggle of coffeeshop owners and political parties. This volume offers the first English-language analysis of the situation in the Netherlands in order to make a contribution to the international debate on this heated topic. Since the 1960s, the Dutch cannabis policy has been an important point of reference in the international discussion about the policy that should be pursued regarding the use of cannabis. However, in international and foreign literature about cannabis policy the developments in the Netherlands are often depicted in an incomplete or one-sided manner, which has a negative impact on the quality of the international debate about what has happened and what should happen now. This volume seeks to redress that imbalance.Table of ContentsExcerpt of table of contents: 1. General introduction: a way out of the deadlock 1.1. The subject of this discourse 1.2. A framework of basic concepts 1.3. The structure of this book 2. The United Nations and cannabis policy 2.1. Introduction 2.2. The Conventions of 1912, 1925, 1931 and 1936 2.3. The Conventions of 1961 and 1968 2.4. The current debate within the United Nations 2.5.Conclusion 3. Cannabis policy in the Americas 3.1. Introduction 3.2. The Prohibition Era in the United States, 1919-1933 3.3. The American legalization debate in the 1980s 3.4. The legalization of cannabis in the Americas 3.5. Conclusion 4. Cannabis policy in the European Union 4.1. Introduction 4.2. The origin of the pursued policy 4.3. The Schengen Agreement and drug policy 4.4. The present drug policy of the European Union 4.5. Policy developments in the member states 4.6. Conclusion 5. The Dutch cannabis policy 5.1. Introduction 5.2. The naive starting point in the 1970s and 1980s 5.3. The approbation of the Treaty against the smuggling of drugs 5.4. The reconsideration of the policy in 1996 and 2004 5.5. The development, organization and functioning of the illicit cannabis cultivation 5.6. The cannabis problem and the problem of the coffeeshops 5.7. The tolerated sale and use of cannabis around 2010 5.8. The proposals of the Van de Donk Commission 5.9. Conclusion 6. General conclusion: towards a Third Way 6.1. The reformulation of the question 6.2. A preliminary matter: the reconsideration of the drug treaties 6.3. The regulation of alcohol and tobacco: a good example? 6.4. The legalization of cannabis in the European Union: the American way? 6.5. The regulation of cannabis in the European Union: a proposal for discussion Bibliography; Index.

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Book SynopsisThe ability of the International Criminal Court (ICC) to function effectively is heavily dependent on cooperation because it does not possess its own enforcement mechanism. In Cooperation and the International Criminal Court: Perspectives from Theory and Practice, edited by Olympia Bekou and Daley J. Birkett, scholars and practitioners in international criminal law provide a detailed analysis of the ICC cooperation regime. Chapters focus on the law and practice of State cooperation, the role of civil society and regional organisations, asset recovery for the purpose of reparations, policy issues and how technology-driven tools can strengthen the ICC cooperation regime in practice. This collection provides a unique insight into the current status of cooperation as well as future challenges for the ICC.Table of ContentsTable of Contents Notes on Contributors; Acknowledgements; List of Abbreviations; Foreword The Rt Hon Baroness Anelay of St Johns DBE; Introduction Olympia Bekou and Daley J. Birkett; Chapter 1. Legal Rules, Policy Choices and Political Realities in the Functioning of the Cooperation Regime of the International Criminal Court Annalisa Ciampi; Chapter 2. The International Criminal Court Cooperation Regime – A Practical Perspective from the Office of the Prosecutor Pascal Turlan; Chapter 3. Credible and Authoritative Enforcement of State Cooperation with the International Criminal Court Göran Sluiter and Stanislas Talontsi ; Chapter 4. Non-Compliance and the Law and Politics of State Cooperation: Lessons from the Al Bashir and Kenyatta Cases Lorraine Smith-van Lin; Chapter 5. Practical Cooperation Challenges Faced by the Registry of the International Criminal Court Anne-Aurore Bertrand and Natacha Schauder; Chapter 6. Non-Cooperation and the Efficiency of the International Criminal Court Annika Jones; Chapter 7. The Place of Consultation in the International Criminal Court’s Approach to Complementarity and Cooperation Nicola Palmer; Chapter 8. Cooperation and the International Criminal Court: The Freezing, Seizing and Transfer of Assets for the Purpose of Reparations Carla Ferstman; Chapter 9. Reflections of the Facilitator for Cooperation in The Hague Working Group, 2012-2015 Anniken Ramberg Krutnes; Chapter 10. A State’s Experience of Cooperation with the International Criminal Court: The Case of Belgium Gérard Dive and Julie de Hults; Chapter 11. Strengthening the International Criminal Court Cooperation Regime from the European Union’s Perspective Christian Behrmann; Chapter 12. Strengthening International Criminal Court Cooperation – The Role of Civil Society Matthew Cannock; Chapter 13. Using “Managerial Compliance” to Strengthen the International Criminal Court Cooperation Regime Emilie Hunter; Chapter 14. Fostering Cooperation through Technology-Driven Tools Olympia Bekou, William E. M. Lowe and Daley J. Birkett; Index.

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Book SynopsisThe Legal Regulation of Environmental Crime - The International and European Dimension provides a timely, comprehensive and holistic analysis of the international and EU legal frameworks aimed at tackling environmental crime. Bringing together a team of leading international and EU scholars with distinct expertise in environmental law and environmental criminal law, the volume discusses current reforms of environmental law at the international and EU levels.Table of ContentsNotes on Contributors 1 Introduction 2 Environmental Crime at the International Level Criminalisation of Illegal Trade in Wildlife under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (cites)  1 Introduction  2 cites and the Provisions for the Prohibition and Penalisation/Criminalisation of Illegal Trade in Wildlife  2.1 General Provisions and Institutional Structure of cites  2.2 Illegal Trade in Wildlife under cites in Conjunction with the Other Relevant International Instruments  2.3 Prohibition, Penalisation and Criminalisation of Illegal Trade in Wildlife under the Convention  2.3.1 Implementation of Article viii.1 of cites  2.4 Compliance with Article viii.1 of cites  3 Enforcement of Article viii.1 of cites  3.1 Domestic Enforcement  3.2 Enforcement through International Interinstitutional Cooperation  4 Illegal Trade in Wildlife and Covid-19  5 Concluding Remarks  Acknowledgments 3 Environmental Crime at the International Level Criminalisation of Illegal Traffic of Hazardous Wastes under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention)  1 Introduction  2 The Basel Convention and the Provisions for the Criminalisation of Illegal Traffic of Hazardous Wastes  2.1 General Provisions and Institutional Structure of the Basel Convention  2.2 Illegal Traffic of Hazardous Wastes under Article 9 of the Basel Convention  2.3 Criminalisation of Illegal Traffic of Hazardous Wastes under the Basel (and the Bamako) Conventions  2.3.1 Implementation of Article 9 of the Basel Convention  2.3.2 Compliance with Article 9 of the Basel Convention  3 Enforcement of Article 9 of the Basel Convention  3.1 Domestic Enforcement  3.2 Enforcement through International Interinstitutional Cooperation  4 Concluding Remarks   Acknowledgments 4 Environmental Crime at the International Level The International Convention for the Prevention of Pollution from Ships (The marpol)  1 Introduction  2 The marpol Convention: The General Introduction  3 marpol: Structure, Underlying Principles and the Enforcement  4 Concluding Remarks 5 Environmental Crime at the EU Level Substantive Criminal Law  1 Introduction  2 The Protection of the Environment within the EU: A Short History  3 EU Law and Environmental Crime: Constitutional Perspectives  4 The Environmental Crime Directive (2008/99/ec)  4.1 Actus Reus and Mens Rea  4.2 Liability of Legal Persons, Penalties and (Some) Gaps  5 Ship-source Pollution between EU (Criminal) Law and International Law  5.1 The Ship-Source Pollution Directive (2009/123/ec)  5.2 The Intertanko Case and the Autonomy of the Union Legal Order Vis-à-vis International Law  6 Environmental Offences and the Links with Organised Crime and Money Laundering  7 The Treaty of Lisbon and the Future of EU Environmental Criminal Law  7.1 Article 83 tfeu and Environmental Crime  7.2 A New Directive on Environmental Crime: Challenges and Opportunities for the EU Legislator  8 Conclusion 6 Environmental Crime at the EU Level Judicial Cooperation, Conflicts of Jurisdiction and Ne Bis in Idem  1 Introduction  2 Mutual Recognition Instruments to Fight Environmental Crime  2.1 Scaling Down Dual Criminality  2.2 The Concept of ‘Judicial Authority’  2.3 Protection of Fundamental Rights  3 Conflicts of Jurisdiction in the European Union  4 Ne Bis in Idem  4.1 The Principle of Ne Bis in Idem at the European Level  4.2 Bis, Idem and Enforcement Condition  4.2.1 The ‘Bis’ Element  4.2.2 The ‘Idem’ Element  4.2.3 The Enforcement Condition in Article 54 cisa and Its Relations with Article 50 of the Charter  4.3 Application of Ne Bis in Idem to Criminal and Administrative Proceedings Concerning the Same Facts  4.3.1 Bonda, Fransson and Grande Stevens: Incompatibility between Double-track Systems and Ne Bis in Idem  4.3.2 A and B v Norway, Garlsson, Zecca and Di Puma, and Menci: (Partial) Compatibility between Double-track Systems and Ne Bis in Idem  5 Conclusion 7 Environmental Crime at the EU Level The Role of EU Agencies and Bodies  1 Introduction  2 Europol and Eurojust: Structure, Functioning and Powers  2.1 Competence of the Two Agencies and Classification of Their Activities  2.2 Structure and Operational Activities of Eurojust  2.3 Eurojust in Practice: Coordination Meetings, Coordination Centres and Joint Investigation Teams  2.4 Structure and Operational Activities of Europol  2.5 The Future of Europol in Light of the Revised Regulation  2.6 ‘Non-operational’ Tasks of the Two Agencies and the Policy Cycle (empact)  2.7 Exchange of Information with National Authorities and the EU Agencies’ Evolving Role  3 Europol and Cross-border Environmental Crime  3.1 Operational Activities  3.2 Non-operational Activities  4 Eurojust and Cross-border Environmental Crime  4.1 Operational Activities  4.2 Non-operational Activities  5 The European Public Prosecutor’s Office  6 Conclusion 8 Conclusion The Regulation of Environmental Crime in International and EU Law: Coming of Age?  1 The Extent and Scope of Criminalisation  2 The Organised and Financial Crime Dimension  3 Compliance, Enforcement and a Multi-agency Approach Index

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Book SynopsisJustice Without Borders is the theme of this collection of essays that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018. The contributions of distinguished authors in the area of international criminal law, European criminal law and international cooperation focus on topics that are important for Wolfgang Schomburg: the pursuit of international criminal justice with respect for the interests of the accused, the facilitation of international cooperation subject to the rule of law, and the principle of fair trial .Table of ContentsPreface List of Abbreviations Academic Writings of Wolfgang Schomburg Decisions as Judge of un-icty and un-ictr 1 European Criminal Law and Brexit  Kai Ambos 2 Energising the Law’s Response to Terrorism: The Decision of the Appeals Chamber of the Special Tribunal of Lebanon and the Need for Further Action  David Baragwanath 3 The Transnational Dimension of the ne bis in idem Principle and the Notion of res iudicata in the European Union  Martin Böse 4 “The Global Panopticon”: Mass Surveillance and Data Privacy Intrusion as a Crime against Humanity?  Michael Bohlander 5 Environmental and Cultural Heritage Crimes: The Possibilities under the Rome Statute  Helen Brady and David Re 6 The Role of Comparative Law in Transnational Criminal Justice  Albin Eser 7 Protecting Human Rights through Exclusionary Rules? Highlights on a Conflict in Criminal Proceedings from a Comparative Perspective  Sabine Gless 8 Implementing Kampala: The New Crime of Aggression under the German Code of Crimes against International Law  Florian Jeßberger 9 The Serendipitous Nature of the icc Trial Proceedings Risks the icc’s Credibility  Michael G. Karnavas 10 Vom eingeschränkten Nutzen strafrechtlicher Urteile für die Historiographie: Ein Beitrag zum Zustandekommen des ersten deutschen Urteils wegen Völkermordes in Ruanda  Stefan Kirsch 11 Fundamentally Dissenting Judge Schomburg  André Klip 12 Combatting Terrorism without Secret Services?  Otto Lagodny 13 Judging in International Criminal Cases: Challenges, Aspirations and Duties  Howard Morrison 14 25 Years of International Criminal Justice: Ebb and Flow or Rise and Fall?  Jan Christoph Nemitz 15 International Criminal Liability for Incitement and Hate Speech  Ines Peterson 16 Die Konfliktregion Südosteuropa und das internationale und nationale Strafrecht  Herwig Roggemann 17 International Prosecution of Sexual and Gender-Based Crimes Perpetrated during the First World War  William A. Schabas 18 The icty’s Šešelj Trial: Taking Stock of a Disaster  Matthias Schuster 19 Aut iustitita aut pax? Enforcement of International Prison Sentences in (Former) Conflict Areas  Michael Stiel and Carl-Friedrich Stuckenberg

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Book SynopsisIncitement to terrorism connects the dots between evil words and evil deeds. Hate precedes terror. History has already taught us that incitement to genocide and to crimes against humanity unchecked will inevitably bring devastation to humankind. Incitement is an affront to the dignity of its victims, and poses a dire threat to all people of good will. However, combating incitement to terrorism poses operational, constitutional and human rights challenges on many fronts, both domestically and internationally. What is incitement? Where should the line be drawn between protected speech and incitement that should be criminalized? Does war change the calculus of what are appropriate and lawful measures to contain and respond to such incitement? And, perhaps most challenging of all, how does social media and the nature of communication and engagement in today’s virtual world change or complicate how we think about and can respond to incitement?Table of ContentsList of Contributors Introduction Part 1: Foundational Issues Freedom of Expression, Hate Speech, and Incitement to Terrorism and Genocide: Resonances and Tensions  Gregory S. Gordon Public International Law and Cyber Incitements to Violence  Sean Watts Incitement to Terror and Freedom of Speech  Micah Lakin Avni Part 2: Comparative Perspectives Wrestling with Freedom of Expression and the Spread of Extremism: A uk Perspective  Ronald Thwaites French Law and eu Rules in the Fight against Incitement to Terrorism or Violent Extremism  Sylvie Schlanger Canadian Legal Perspectives on Incitement to Terrorism Containing the Proliferation of Incitement: A Canadian Perspective  Christian Leuprecht Incitement and Related Matters in Israeli Law Fighting Incitement: The Work and Practice of the Israeli Prosecution 2014–2016  Erez Padan The un and Incitement  Anne Bayefsky Part 3: Incitement, Terrorism and War Targeting Speech in War  Rachel VanLandingham Criminal and Military Incitement Response Tools: Prosecution and Security Detention  Geoffrey S. Corn Imminence Reconsidered  Asa Kasher Part 4: Emerging Issues and Challenges Inciting Terrorism on the Internet: The Limits of Tolerating Intolerance  Amos Guiora Combating Incitement to Violence on the Internet through Service Provider Action  David Matas Police and Incitement to Terrorism: The Challenge of Countering Violent Narratives  Robert R. Friedmann Index

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Book SynopsisIn Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function. Employing empirical, theoretical, and doctrinal methodologies, it interrogates the profile of the international criminal bench, judicial ethics, and the interpretative techniques that judges have utilized in their efforts to progressively develop international criminal law. Drawing on the work of Hersch Lauterpacht, it proposes a conception of the international criminal judicial function that places judicial creativity at its very heart. In doing so it argues that international criminal judges have a central role to play in ensuring that modern international criminal law continues to adapt to a volatile global environment, where accountability for crimes that shock the conscience of humanity is as much needed as at any moment in recent history.Table of ContentsForeword Acknowledgements List of Figures and Tables Abbreviations Table of Cases Table of Instruments Introduction  I The International Judicial Function and the “Noble Lie”  II Definitions: Judicial Creativity, Progressive Development of the Law, Disciplining Rules and Legitimacy  III Outline of the Book part 1 The Profile, Ethics and Function of International Criminal Judges 1 Getting to Know the International Criminal Judiciary: A Profile Portrait  I Introduction  II A Portrait of the International Criminal Bench: Composition, Representation and Professional Background   2.1 Geographic Representation   2.2 Representation of Legal Systems   2.3 Gender Representation   2.4 Professional Background  III Conclusion: Composing the Portrait The Independence and Impartiality of the International Criminal Judiciary  I Introduction  II Independence, Impartiality and Related Issues of Ethical Judicial Conduct  III Questioning Independence and Impartiality: Excusal and Disqualification of International Criminal Judges   3.1 The Ethical Duty to Request Recusal   3.2 Grounds for Disqualification: Conflicts of Interest, Personal Associations, or Past and Present Extrajudicial Functions    3.2.1 Appointment to Political Office and the Maintenance of Judicial Independence: The Case of Judge Odio Benito    3.2.2 Previous and Ongoing Involvement with Non-Governmental and Inter- Governmental Organizations: Judge Mumba and the Application of the Reasonable Observer Test    3.2.3 Judge Ozaki’s Ambassadorship to Estonia: A Cautionary Tale   3.3 Grounds for Disqualification: Biased Expressions of Opinion    3.3.1 Opinions Expressed in Previous or Related Cases     3.3.1.1‘The Antonetti Saga’     3.3.1.1(A) ECtHR Jurisprudence on Judicial Impartiality     3.3.1.1(B) “To Hell with Precedent”: The Birth of ‘The Antonetti Test’ in Mladic     3.3.1.1(c) Meron v Antonetti in the Karadžic Case: A Petty but very Public Power Struggle    3.3.2 Opinions Expressed Prior to Appointment to the Bench    3.3.3 Extrajudicial Public Statements: The Perils of Free Speech     3.3.3.1 Judge Harhoff’s Unburdening     3.3.3.2 The (Un)Silencing of Judge Sow  IV Conclusion Judicial Creativity and the International Judicial Function: Lauterpacht’s Legacy  I Introduction   1.1 Why Lauterpacht?  II Exploring Competing Conceptions of the Judicial Function: Beyond a Myopic Formalist Account  III Identifying a Creative Interpretative Element in Conceptions of the International Judicial Function: Lauterpacht’s Legacy?   3.1 Lauterpacht’s Theory of International Law   3.2 Lauterpacht’s Conception of the International Judicial Function: Interpretative Creativity as the Pathway to Progress    3.2.1 Judicial Creativity, Stare Decisis and the Evolution of the ‘Imperfect’ International Legal Order    3.2.2 Gap-Filling, Pragmatism and the Gradual Concretization of Rules    3.2.3 Effectiveness of Rules, Exhaustive Reasoning, and the Developmental Potential of Separate and Dissenting Opinions  IV Conclusions: Lauterpacht’s Legacy part 2 Judicial Creativity and the Making of International Criminal Law 4 Giving Life to International Criminal Justice: The Judicial Role in the Evolution of International Criminal Procedure  I Introduction  II The Function of International Criminal Procedure: Truth, Due Process and Efficiency   2.1 Truth   2.2 Due Process   2.3 Efficiency  III The Judicial Role in the Evolution of International Criminal Procedure   3.1 Nuremberg and the Birth of the Rule- Making Power of the International Criminal Bench   3.2 The Ad Hoc Tribunals and the Judicial Role in the Development of the Rules of Procedure and Evidence/>   3.3 Limiting the Judicial Role in the Development of International Criminal Procedure: The icc and the Reconfiguration of Procedural Rule-Making Powers  IV Conclusion 5 The Ad Hoc Tribunals, Judicial Creativity and the Rebirth of International Criminal Law  I Introduction  II The Drafting of the Statutes, Sources of Law and the Secretary-General’s Inconsistent Interpretative Guidance  III Methods of Interpretation: Piecemeal Identification and Fractured Application   3.1 A Sound Interpretational Foundation: The vclt Rules   3.2 Grounding Creative Judicial Interpretation: The Utilization of Articles 31 and 32 of the vclt  IV Reliance on Customary International Law: A Cure for All Statutory Ailments?   4.1 Identifying Rules of Customary International Law: The Ad Hoc Tribunals’ Chequered History/>    4.1.1 The Tadic Jurisdiction Decision: Reshaping International Humanitarian Law under the Guise of Questionable Customary Rules/>    4.1.2 Creating Custom in the Service of Humanity: Kupreškic, Reprisals and the Martens Clause/>    4.1.3 Custom, Cassese and Judicial Entrepreneurialism/>  V Precedent, Custom and Controversy: Defining the Limits of Modes of Liability   5.1 From Tadic to the eccc: The Birth (and Possible Death) of jce iii within Customary International Law   5.2 Perišic and the Tangled Jurisprudence on Specific Direction  VI The Importance of Exhaustive Reasoning for the Acceptance and Authority of Judicial Decisions  6.1 The Consequences of a Failure of Exhaustive Reasoning: The Gotovina and Markac Case  VII Conclusion 6 ‘Curb Your Creativity’: The Rome Statute and the Attempted Institution of Interpretative Restraint  I Introduction  II The Rome Statute and the Codification of Interpretative Restraint  III Hierarchies, Sources and Strict Construction: Articles 21 and 22(2) of the Rome Statute   3.1 Article 21(1) and 21(2): The Chaperoning of the Judicial Function and the Prioritization of Textual Interpretation    3.1.1 The Interpretation of Article 25(3)(a): The Betrayal of Textualism    3.1.2 Charting the Origins of Article 21’s Hierarchy of Sources and the Potential Impact on the Interpretative Judicial Function   3.2 The Role of Precedent, Customary International Law and General Principles of Law in the Rome Statute’s Interpretative Regime    3.2.1 Keeping Things in House: Adherence to Internal Precedent    3.2.2 The Role of External Precedent in the Identification of “Principles and Rules of International Law”    3.2.3 Questionable Rules of Customary International Law: The Rome Statute and Head of State Immunity    3.2.4 General Principles Derived from National Systems as a Subsidiary Source   3.3 Article 21(3): Consistency with International Human Rights Law as a General Interpretative Provision   3.4 Article 22(2): Interpretative Freedom and the Requirements of Strict Construction  IV Conclusion Conclusions  I Dispensing with the “Noble Lie”  II Lauterpacht’s Legacy and the International Criminal Judicial Function  III What Is Expected of the International Criminal Judge? Profile and Ethics of the International Criminal Bench  IV The Judicial Role in the Progressive Development of International Criminal Law: Findings on Method and Future Prospects  V Parting Words Bibliography Index

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Book SynopsisNational criminal justice systems are slowly integrating in an effort to combat cross border criminality. New Perspectives on the Structure of Transnational Criminal Justice provides a forum for critical perspectives on this evolving system, with the goal of testing and challenging conceptions of transnational criminal law. Collectively, the papers in this special issue investigate the main symbolic and material characteristics of this space of justice, how it is organized and what dynamics shape its functionality and impact.Table of ContentsNew Perspectives on the Structure of Transnational Criminal Justice  Mikkel Jarle Christensen and Neil Boister  Transnational Criminal Justice: Its Politics and Practices  I Politics, Law and Social Dynamics  II Structure of the Special Issue The ‘Bad Global Citizen’, ‘Naked’, in the ‘Transnational Penal Space’  Neil Boister  Abstract  Keywords  Introduction  I The Transnational Criminal as a ‘Bad Global Citizen’  II The Mechanics of Creating a Transnational Penal Space  III The ‘Bad Global Citizen’, ‘Naked’ in the ‘Transnational Penal Space’  IV ‘Global Citizenship’ for ‘Bad Global Citizens’  Conclusion: Why Bother with the ‘Bad Global Citizen’? Treaty Monitoring and Compliance in the Field of Transnational Criminal Law  Cecily Rose  Abstract  Keywords  I Introduction  II The Relative Paucity of Treaty Monitoring in the Transnational Criminal Law Field  III Possible Explanations for the Relative Absence of Treaty Monitoring in the Field of Transnational Criminal Law  IV Some Concluding Observations on the Implications of Sparse Monitoring of Transnational Criminal Law Treaties Transnational Organization, Transnational Law and the Ambiguity of Interpol in a World Ruled with Law  James Sheptycki  Abstract  Keywords  Introduction  I The Constitution of Interpol  II The Commission for the Control of Interpol’s Files  III Interpol Organization and the Red Notice System  IV Conclusion: Transnational Legal Orders as Transnational Rule with Law  Acknowledgements The Social Structure of Transnational Criminal Justice: A Cluster of Spaces beyond National Borders  Mikkel Jarle Christensen  Abstract  Keywords  Introduction  I Theoretical Perspective and Empirical Material  II From International to Transnational Criminal Law and Justice  III The Social Structure of Transnational Criminal Justice  IV The Structure and Effects of the Four Spaces of Practice  Concluding Remarks

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Book SynopsisIdentity crime, which encompasses both identity theft and identity fraud, is one of the fastest growing crimes around the world, yet it lacks its own identity: there is no universally accepted definition, little understanding of what the crime is or should be, and no legal framework placing the crime into a coherent and effective grouping of criminal sanctions. In this book, Dr. Syed Ahmed addresses and proposes solutions for resolving these issues and tackles head-on the various facets of what is needed to deal with Identity Crime. A comprehensive and an exhaustive study of different types of Identity Crime is conducted and practical recommendations for preventing and minimizing the impact of identity crime is presented for all to consider.Table of ContentsPreface Acknowledgements List of Illustrations 1 The Problem of Identity Crime 2 What is Identity? Introduction emsp;2.1 When We Say “Identity,” What Do We Mean? emsp;2.2 Identity – Dictionary Definitions emsp;2.3 Identity Properties and Attributes emsp;2.4 Identity – the Psychological View emsp;2.5 Identity – the Philosophical View emsp;2.6 Identity – the Legal View emsp;2.7 Means of Verifying Legal Identity emsp;2.8 Digital Identity emsp;2.9 Conclusion 3 Identity Crime Framework and Model: Five Components of Identity Crime and the Different Illegal Methods of Acquiring and Using Identity Information and Documents Introduction emsp;3.1 Clarification of Terms: Identity Theft, Identity Fraud, and Identity Crime emsp;3.2 Goal of Identity Crimes emsp;3.3 The Identity Crime Framework emsp;3.4 Identity Crime Framework emsp;3.5 Five Components of Identity Crime Model emsp;3.6 Techniques and Strategies Used for Illegal Acquisition emsp;3.7 Producing and Manipulating Identity Information and Documents emsp;3.8 Transfer – Identity Trafficking emsp;3.9 Possession emsp;3.10 Use – Criminals’ Goals and the Kinds of Crimes They Commit When Using Acquired Information or Documents emsp;3.11 Conclusion 4 Threat Agents and the Impact of Identity Crime Introduction emsp;4.1 Identity Crime Threat Assessment Model and Threat Agent Identification and Analysis emsp;4.2 The Impact of Identity Crime emsp;4.3 Costs of Identity Crime by Use emsp;4.4 Conclusion 5 International Trends in Addressing Identity Crime Introduction emsp;5.1 International Organizations emsp;5.2 Conclusion 6 Identity Crime Legislation in the United States, Canada, Australia and the United Kingdom emsp;Introduction emsp;Part A: United States Statutes emsp;6A.1 Introduction emsp;6A.2 Identity-Crime-Specific Statutes emsp;6A.3 Identity-Crime-Related Statutes emsp;6A.4 Civil Statutes to Prevent Identity Crimes and Recover Identity emsp;6A.5 State Statutes emsp;Part B: Canadian Statutes emsp;6B.1 Introduction emsp;6B.2 Analysis of Canada’s Identity Crime Statutes and Related Statutes emsp;6B.3 Criminal Code emsp;6B.4 Privacy Act emsp;6B.5 Personal Information Protection and Electronic Documents Act emsp;6B.6 Changes Recommended by Concerned Organizations emsp;Part C: Australia emsp;6C.1 Introduction emsp;6C.2 National Identity Security Strategy emsp;6C.3 Federal System – State and Territorial Laws emsp;6C.4 Australian Criminal Code emsp;6C.5 Financial Transaction Reports Act 1988 emsp;6C.6 Travel Document Offenses emsp;6C.7 Privacy Act 1988 emsp;6C.8 South Australia’s Identity Crime Provisions emsp;6C.9 Queensland’s Identity Crime Provisions emsp;6C.10 New South Wales’ Crimes Act 1900 emsp;6C.11 Tasmania’s Computer Fraud Statute emsp;Part D: United Kingdom Statutes emsp;6D.1 Introduction emsp;6D.2 Analysis of the U.K.’s Identity-Crime-Related Statutes emsp;6D.3 Identity Cards Act 2006 emsp;6D.4 Fraud Act 2006 emsp;6D.5 Theft Act 1968 emsp;6D.6 Computer Misuse Act 1990 emsp;6D.7 Forgery and Counterfeiting Act 1981 emsp;6D.8 Data Protection Act 1998 emsp;6D.9 Conclusion 7 Identity Crime Prevention and Impact Minimization Strategy Introduction emsp;7.1 Proposed Approaches to Identity Crime Prevention emsp;7.2 Developing an International Identity Crime Treaty emsp;7.3 Developing Identity Information and Documents with Real Time Authentication and Verification emsp;7.4 Authentication emsp;7.5 Business Policies emsp;7.6 Consumer Education emsp;7.7 Consumer Actions emsp;7.8 Foundation Documents emsp;7.9 Medical Identity Crime Prevention emsp;7.10 Victim Cooperation emsp;7.11 Offenders emsp;7.12 Law Enforcement Policies emsp;7.13 Government Policies emsp;7.14 Information Sharing emsp;7.15 International Collaboration and Efforts emsp;7.16 Public- Private Partnerships emsp;7.17 Data Protection through Technology emsp;7.18 Training Programs and Initiatives emsp;7.19 Meeting the Challenges of Identity Fraud Prevention emsp;7.20 Evaluating Identity Crime Prevention and Impact Minimization Techniques emsp;7.21 Conclusion emsp;7.22 Appendix: Table of Identity Crime Prevention and Impact Minimization Techniques 8 Privacy, Anonymity, and Identity Crime emsp;Introduction emsp;8.1 The Identity Crime Privacy Model emsp;8.2 Fair Information Practices (fip s) emsp;8.3 Privacy Taxonomies emsp;8.4 Personally Identifiable Information (pii) emsp;8.5 Data Mining emsp;8.6 Privacy-Enhancing Technologies (pet s) emsp;8.7 Anonymity emsp;8.8 Anonymization emsp;8.9 Data Loss and Data Loss Prevention (dlp) emsp;8.10 The Identity Crime Prevention Model and Privacy by Design emsp;8.11 Conclusion 9 Convention on Identity Crime emsp;Introduction emsp;9.1 Preamble emsp;9.2 Chapter i – Use of Terms emsp;9.3 Chapter ii – Measures To Be Taken at the National Level emsp;9.4 Chapter iii – International Cooperation emsp;9.5 Chapter iv – Final Provisions 10 Conclusion Appendix 1: Table of Cases Appendix 2: Table of Statutes Bibliography Index

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Book SynopsisThis volume is devoted to the dark side of human mobility, that is migrant smuggling, and, linked with it, human trafficking. Both subjects will be mainly treated from an Italian perspective; however, due to their having a generally transnational character, the analysis will necessarily require that international and supranational actions/measures also be taken into account. Moreover, the legal perspective will be supplemented by the phenomenological/criminological one, through which the authors try to provide the work with a realistic dimension aimed at grasping the practical aspects of both migrant smuggling and human trafficking emerging from the different ways in which such crimes are de facto committed.

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Book SynopsisThis study analyzes counter-smuggling and counter-trafficking operations carried out in the Mediterranean, mainly focusing on the EU operations Sophia and Themis. The purpose is to assess a number of issues linked with naval operations from a human rights perspective. These issues include the applicable law, the exercise of criminal jurisdiction over smugglers and traffickers, national strategies of coastal States as regards migration control policy and, finally, international responsibility for human rights violations perpetrated in connection with these operations. Although the study is primarily aimed at both Ph.D. students and legal scholars specialized in the field, it also seeks to provide insights that may be of guidance to NGOs, legal practitioners and legislators within the EU and its Member States.Table of ContentsContents The Respect for Fundamental Human Rights in the Fight against Human Trafficking and Migrant Smuggling across the Central Mediterranean Sea  Laura Salvadego  Abstract  Keywords  Introduction  Part I. The Naval Operations in the Central Mediterranean: Main Features  Part II. Applicable Law  Part III. The Exercise of Criminal Jurisdiction over Migrant Smugglers and Human Traffickers  Part IV. National Strategies of Coastal States as Regards Migration Control Policy: the Case of Italy  Part V. International Liability for Human Rights Violations Perpetrated in Connection with Counter-Smuggling and Counter-Trafficking Operations  Bibliography

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Book SynopsisIn Counter-Terrorism Financing: International Best Practices and the Law, Nathalie Rébé, offers a new comprehensive framework for CTF worldwide and reviews the strengths and weaknesses of current regulations and policies. Both accessible, interesting and engaging in how it approaches chronic problems of Counter-Terrorism Financing, this book provides general understanding of this topic with a literature review and a gap-analysis based on CTF experts’ advices, as well as a very detailed analysis of current international regulatory tools. Nathalie Rébé’s ‘all-in’one’ CTF manual is innovative in this field and provides answers for the international community to fight terrorism financing together more effectively, using a set of standards which promotes strong and diligent cooperation between countries concerning reporting, information exchange and gathering, as well as enforcement.Table of ContentsAcronyms and Abbreviations Acknowledgements Introduction Part 1: Counter Terrorism Financing Worldwide Overview  Introduction to Part 1 1 What is the Current Situation Concerning Counter-Terrorism Financing?  A Terrorism’s Purpose and Modus Operandi  B The Struggle to Define Terrorism  C Defining Terrorism Financing  D International Specialized Agencies Fighting TF  E Current Counter-Terrorism Financing Regulations 2 Can Terrorism Financing Detected?  A The Links between Terrorism Financing and Anti Money Laundering  B Traditional Terrorism Financing Methods   i) Cash Schemes   ii) Merchandising and Movable Assets Laundering   iii) Wire and International Transfers   iv) Investments   v) White Collar Crimes   vi) Secret Banking Systems, Private Donations and Charities   vii) Gambling   viii) New Payment Technologies  C Terrorism Financing Risks Faced by Financial Institutions   i) CTF Red Flags   ii) Cases from FIU Reports 3 Existing Compliance Measures to Prevent Terrorism Financing  A Internationally used Tools to Detect and Report TF   i) How Institutions Model Terrorism Financing Risk    a Counter-terrorism Risk Models    b Risk Assessment    c Risk-Based Supervision   ii) Identification    a Customer Due Diligence (CDD)    b Know Your Customer (KYC)    c Enhanced Due Diligence (EDD)    d Politically Exposed Persons (PEPs)     1 Defining PEPs     2 PEP Affiliated Risks     3 Risk Mitigation and Management    e Customer Identification Programs (CIPs)    f Comparison with Government Terrorist lists   iii) Reporting    a Currency Transaction Reports (CTRs)    b National Security Letters (NSLs)    c Suspicious Activity Reports (SARs)  B The Egmont Group and Financial Intelligence Units Part 2: Main Threats to the Accomplishment and Success of a New Counter Terrorism Financing Convention  Introduction to Part 2 4 Key Challenges at the International Level  A Main Problems Encountered While Trying to Detect TF Activities   i) Anonymity   ii) Cross-border Activities   iii) Third-party Involvement    a Employee Participation in the Financing Scheme    b Third-party Reliance    c Third-party Funding  B The Emergence of New Payment Technologies  C International Cooperation between Actors and Agencies  D Political Pressure 5 The Ineffectiveness of the Current Enforcement System Mechanism  A Cross-Border Enforcement  B Assets Tracing, Freezing of Assets and Assets Recovery 6 Potential Conflicts between a New CTF Tool and Human Rights  A International Privacy Laws  B Civil Liberties and Humanitarian Laws Part 3: Current Regulatory Instruments  Introduction to Part 3 7 Analysis of Existing Counter Terrorism Tools with Regards to Counter Terrorism Financing  1 International Counter Terrorism Regulations  2 Agencies and Financial Institutions Recommendations  3 Countries Legislative Contribution 8 Current Counter Terrorism Tools and Regulations Successes and Failures  A A Critique of Current Counter Terrorism Financing Tools and Regulations  B Counter Terrorism Financing Regulations’ Gap Analysis  C Constructive Criticism and Advice by International Experts for Building a New Model Part 4: New Counter Terrorism Financing Convention Model and Recommendations  Introduction to Part 4 9 The importance of a New CTF Framework 10 Building a New Counter-Terrorism Financing Model 11 Ways to Strengthen Worldwide Detection, Prevention and Enforcement  A Actors’ Involvement and Cooperation at the Domestic and International Levels  B Collaboration with the Private Sector  C The Positive Development of Global Financial Intelligence Units  Conclusion Part 5: Matters for Further Consideration  Introduction to Part 5  Bibliography  Annexes  Index

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Book SynopsisIn Extradition Law, Miguel João Costa offers not only an exhaustive review of this legal area and of transnational criminal law more generally, but also innovative solutions for their reform. The book critically analyses numerous themes – from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law – at the national, European and global levels. Moreover, while it is a fundamentally normative study, it does not disregard the political and diplomatic dimensions of extradition either. The result is a new model based on mutual respect, enabling States to increase cooporation whilst preserving the integrity of their own criminal justice values and enhancing the respect for human rights.Table of ContentsAcknowledgements List of Illustrations Abbreviations Part 1 Introduction 1 Fundamental Concepts  1 The Purpose of This Study  2 The Concept of Extradition   2.1 Definition and Essential Attributes   2.2 Contrast with Substantive Criminal Law and Criminal Procedure  3 Why States Need to Obtain Extradition   3.1 Transfer of Proceedings   3.2 Vicarious Jurisdiction   3.3 Common Attributes   3.4 Enforcement of Foreign Sentences   3.5 The Perspective of the Custodial State   3.6 Standing Trial by Video-Link   3.7 Conclusion  4 Why States Need to Extradite   4.1 Avoiding the Settling of Criminals (the ‘safe haven’ Argument)?   4.2 Solidarity towards Other States (the ‘moral’ Argument)?   4.3 Reciprocity (the ‘self-interest’ Argument)v   4.4 Conclusion  5 The Concept of Ground for Refusal   5.1 Basic Definition   5.2 Grounds for Refusal Related to Mere Issues of Interstate Allocation of Jurisdiction   5.3 Grounds for Refusal that Generate Impunity   5.4 Other Concepts 2 Research Design  1 Research Question  2 Research Methods   2.1 Historical Analysis   2.2 Grounds for Refusal Imposed upon States – Deductive Analysis   2.3 Grounds for Refusal Voluntarily Enacted by States – Two-Tiered Approach  3 The Dialogue between Traditional Cooperation and Mutual Recognition   3.1 The European Arrest Warrant and Other Enhanced Versions of Extradition   3.2 The European Arrest Warrant and Classic Extradition – Trust Issues  4 Conclusion  5 Temporal Range of the Study Part 2 Grounds for Refusal Imposed upon States 3 Human Rights  1 The Evolution of Fundamental Individual Rights in Extradition   1.1 Individual Concerns in Extradition   1.2 The Advent of Individual and Human Rights in Extradition  2 Specifications on the Method  3 Criteria for Defining ‘grounds for refusal imposed by human rights’   3.1 Declared v. Potential Grounds for Refusal   3.2 Stable v. Unstable Grounds for Refusal   3.3 Principled v. Pragmatic Approaches to Human Rights   3.4 Grounds for Refusal of Extradition v. Prohibitions to Deport   3.5 Conduct of the Requesting State v. Other Sources of Harmv   3.6 Human Rights Grounds for Refusal v. Treaty-Based Obligations to Extradite   3.7 Conclusion  4 Grounds for Refusal Imposed by Human Rights   4.1 Right to Life   4.2 Prohibition of Torture and Ill-Treatment   4.3 Discrimination   4.4 Fair Trial Rights   4.5 Rights that Admit Significant Compression with a View to Protecting Other Rights or Public Interests 4 EU Law  1 Introductory Considerations – a Trilogy of Cases  2 Petruhhin   2.1 Main Proceedings and Request for a Preliminary Ruling   2.2 The Opinion of the Advocate General   2.3 The Judgement of the Court   2.4 Analysis  3 Schotthöfer & Steiner   3.1 Main Proceedings and Request for a Preliminary Ruling   3.2 The Order of the Court   3.3 Analysis  4 Pisciotti   4.1 Main Proceedings and Request for a Preliminary Ruling   4.2 The Opinion of the Advocate General   4.3 The Judgement of the Court   4.4 Analysis  5 Raugevicius  6 The Emergence of a EU Extradition Law  7 Conclusion Part 3 Grounds for Refusal Voluntarily Enacted by States 5 Specifications and General Characterisation of the Normative Systems Analysed  1 Specifications on the Research Methods, Object and Structure of this Part   1.1 Scope   1.2 Structure   1.3 Main References   1.4 Approach  2 General Characterisation of the Normative Systems Assessed   2.1 United Nations   2.2 Portugal   2.3 United Kingdom 6 Analysis of Grounds for Refusal According to Their Scope and Rationale  1 Grounds for Refusal Related to the Conditions in the Requesting State   1.1 Torture or Ill-Treatment and Fair Trial Rights   1.2 Discrimination   1.3 Death Penalty and Other Penalties Carrying Irreversible Damage   1.4 Imprisonment for Life or for an Undetermined Period   1.5 Hostage-Taking Considerations  2 Grounds for Refusal Related to the Nature or Relevance of the Acts   2.1 Dual Criminality   2.2 Relevance   2.3 Political Offences   2.4 Military Offences  3 Grounds for Refusal Related to the Punitive Claim of the Requesting State   3.1 Evidentiary Requirement   3.2 Absence of a Prosecution Decision   3.3 Extinction of Criminal Liability   3.4 Extraterritorial and Invalid Jurisdiction  4 Grounds for Refusal Related to the Status or Condition of the Person   4.1 Nationality/Rehabilitation   4.2 Humanitarian Exception   4.3 International Immunities  5 Grounds for Refusal Related to the Misuse of Extradition Proceedings by the Requesting State   5.1 Specialty   5.2 Earlier Extradition (or Limitation on Re-Extradition)   5.3 Abuse of Process Jurisdiction  6 Grounds for Refusal Related to Mere Issues of Interstate Allocation of Jurisdiction   6.1 Territoriality   6.2 Pending Proceedings or Possibility or Duty to Initiate Proceedings  7 Grounds for Refusal Related to Political Concerns of the Requested State   7.1 National Security   7.2 Reciprocity Part 4 Reviewing Grounds for Refusal 7 Questioning Grounds for Refusal: Theoretical Framework  1 Recalibrating the Research Question   1.1 Specifications Required by the Concept of ‘ground for refusal’ Adopted   1.2 Specifications Regarding Grounds for Refusal Imposed upon States   1.3 Specifications Regarding International Crimes   1.4 Specifications Regarding the Theoretical Framework  2 Historical layer – the Problem   2.1 Dynamic Realities   2.2 Static Laws  3 Normative Layer – the Solution   3.1 The Rule: Furthering the Principle of Territoriality   3.2 The Exception: Preserving Core National Values   3.3 The Balance: Weighing the Interests of the Subjects Involved  4 General Conclusion: a Matter of Degree 8 Reforming Grounds for Refusal: Theoretical Framework Applied  1 Introductory Considerations and Specifications on the Method  2 Grounds for Refusal Related to Political Concerns of the Requesting State   2.1 The Inexorability of Political Interference in Extradition   2.2 Reciprocity  3 Grounds for Refusal Preserved in the eaw: Negative Candidates to Be Reformed   3.1 Grounds for Refusal Related to the Conditions in the Requesting State   3.2 Grounds for Refusal Related to the Nature or Relevance of the Acts   3.3 Grounds for Refusal Related to the Punitive Claim of the Requesting State   3.4 Grounds for Refusal Related to the Status or Condition of the Person   3.5 Grounds for Refusal Related to the Improper Use of the Extradition Process by the Requesting State   3.6 Grounds for Refusal Related to Mere Issues of Interstate Allocation of Jurisdiction  4 Grounds for Refusal Abolished or Mitigated in the eaw: Positive Candidates to Be Reformed   4.1 Grounds for Refusal Related to the Nature or Relevance of the Acts   4.2 Grounds for Refusal Related to the Punitive Claim of the Requesting State   4.3 Grounds for Refusal Related to the Status or Condition of the Person  5 Final Considerations   5.1 Connecting Some Dots   5.2 Enhancing the System 9 Conclusions: Reshaping the Extradition Triangle Annex: Graphic Illustration of the Reform Defended References Indices

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Book SynopsisThis study analyses the modern EU counter-terrorism trends, focusing on the new terrorist crimes of Directive (EU) 2017/541 and on preventive counter-terrorism measures aiming to deter terrorist financing. It concludes by noting a ‘paradigm shift’ between repression and prevention in the field of countering terrorism, while suggesting relevant proposals.Table of ContentsThe New EU Counter-Terrorism Offences and the Complementary Mechanism of Controlling Terrorist Financing as Challenges for the Rule of Law  Maria Kaiafa-Gbandi, Nikoletta Karaliota, Eliza Kompatsiari, and Christos Lampakis  Abstract  Keywords  1 Introduction  2 The Justification of the Extended Criminalisation of Acts Concerning Terrorism and the Respective Modern Approach in the Eu: a ‘Paradigm Shift’?  3 The Contemporary Model of Adopting Criminal Law Rules in the Field of Terrorism: the Principle of Legality in Crisis  4 The New Criminal Offences Related to Terrorist Activities: a Balance between Security and Respect for Fundamental Rights?  5 Preventing Terrorism through Complementary Measures Controlling Terrorist Financing  6 The Counter-Terrorism Repressive and Preventive Axes as Interlinked Measure Batches and the Misperceptions between Preventive and Repressive Function  7 Conclusions—Proposals  Acknowledgements  Bibliography

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Book SynopsisCombating Crime in the Digital Age: A Critical Review of EU Information Systems in the Area of Freedom, Security and Justice in the Post-Interoperability Era. Challenges for Criminal Law and Personal Data Protection provides a systematic and comprehensive account of EU information systems functioning in the area of freedom, security and justice, with the aim to establish the contemporary links between information sharing and criminal law and evaluate the consequences. Part 1 offers a systemisation and critical assessment of pertinent systems (ECRIS, ECRIS-TCN, Prüm, PNR, Europol, SIS, Eurodac, VIS, EES, ETIAS) and the new interoperability regime from the perspective of their objective to prevent and combat serious crime. Part 2 explores personal data protection law, police law and criminal procedure law, in order to propose safeguards and limitations for regulating this rapidly evolving framework and addressing the challenges for fundamental principles and rights. The authors’ central suggestion is that the issue falls within the context of an emerging precognitive paradigm of criminal law.Table of ContentsContents Combating Crime in the Digital Age: a Critical Review of EU Information Systems in the Area of Freedom, Security and Justice—Challenges for Criminal Law and Personal Data Protection  Athina Giannakoula, Dafni Lima and Maria Kaiafa-Gbandi Abstract Keywords  Introduction  Part 1. Systematic Approach on the Information Systems Employed for the Purpose of Preventing and Combating Serious Crime within the Area of Freedom, Security and Justice  Part 2. Evaluation of the Eu Framework on the Collection, Processing and Exchange of Personal Data for Criminal Law Purposes: Principles, Limitations and Safeguards  Conclusions  Acknowledgements  Bibliography

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Book SynopsisIn The Palermo Convention at Twenty: Institutional and Substantive Challenges experts with different backgrounds discuss the institutional features of the United Nations Convention against Transnational Organized Crime and its Supplementing Protocols, the developments of the treaty system and its suitability to address the multifarious forms of contemporary transnational organized crime.Table of ContentsPreface The United Nations Convention against Transnational Organized Crime 20 Years from Its Adoption Strengths, Achievements and Challenges Ahead  Tania Bañuelos Mejía Abstract Keywords  Introduction  1 Strengths  2 Achievements  3 Challenges Ahead The Review Mechanism of the United Nations Convention against Transnational Organized Crime and Its Protocols An Analysis Based on Peer Review Methodology  Christian Ponti Abstract Keywords  Introductory Remarks  1 Common Features of the Peer Review Methodology and the Preliminary Phase of the Process  2 Consultation  3 Assessment  4 The Legitimacy of the UNTOC Review Mechanism  5 Conclusion The Implementation Review Mechanism of the UN Convention against Transnational Organized Crime (UNTOC) What Role for Civil Society?  Ian Tennant and Prem Mahadevan Abstract Keywords  Introduction  1 What Is Civil Society?  2 What Value Can Civil Society Add to the Review Mechanism?  3 The Debate about the Role of Civil Society  4 What Was Agreed in 2018?  5 What Space for Civil Society in the Mechanism?  6 Analysis of the Role Given to Civil Society by the Convention and the Review Mechanism  7 How Does the UNTOC Review Mechanism Compare with Other Mechanisms?  8 Conclusion  9 Postscript: Connecting the Local and the Global Integrating the UNCAC and the UNTOC for Effective Prevention and International Cooperation Challenges for Global Crime Governance  Uglješa Ugi Zvekić Abstract Keywords  Introductory Remarks  1 The UNTOC  2 The UNCAC  3 The Role of Civil Society  4 Concluding Observations The Palermo Convention and the Fight against Terrorism  Julie Alix Abstract Keywords  Introduction  1 A Different Methodological Approach towards Two Categories of International Crime  2 Elements for Rethinking the Articulation between the International Efforts to Fights against Terrorism and Transnational Organized Crime International Cooperation for the Repression of Core Crimes What Role for the UNTOC?  Alessandra Annoni Abstract Keywords  Introduction  1 The Scope of the International Obligation to Prosecute Core Crimes  2 The Obligation to Cooperate for the Repression of Core Crimes  3 The Applicability of the Cooperation Regime Established by the UNTOC  4 Conclusions

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Book SynopsisThe Law of Whistleblowing: Cross-disciplinary, Contextual and Comparative Perspectives provides a contextual and cross-disciplinary analysis of legal responses to whistleblowing from a comparative perspective. Examining developments in criminal, labour, corporate and administrative law, contributions in this volume provide one of the first comprehensive analyses of the emerging multi-level legal framework to protect whistleblowers.Table of ContentsProtecting Whistleblowers: The Challenges of Developing an Effective Legal Framework  Valsamis Mitsilegas and Santiago Wortman Jofre From Obscurity to Limelight: Whistleblowers’ Protection under EU Law  Dimitrios Kafteranis  1 Introduction: Blowing the Whistle at the Heart of the European Union  2 The Role of the European Parliament Towards the Adoption of an EU Legal Framework on the Protection of Whistleblowers  3 From the Proposal to the Final Text of the Directive on the Protection of Persons Who Report Breaches of Union  4 Remarks on the Directive and Its Special Relationship with Criminal Law  5 Concluding Remarks A Decade of Fast-track Whistleblowing Legislation: The Quest for Effective Protection of Whistleblowers in Greece  Anna Damaskou and Antonios Baltas  1 The Significance of Culture in Enacting and Implementing Whistleblowing Legislation Effectively  2 The State of Corruption and Whistleblower Protection in an EU Member State Lacking Dedicated Whistleblowing Legislation  3 Can Corruption Be De-rooted without Dedicated Whistleblowing Legislation?  4 “… And Then There Was Light”: The Enactment of Dedicated Whistleblowing Legislation in Greece  5 The Novartis Scandal in Greece: A Stress-Test for the Greek Whistleblowing Legislation and Culture  6 The Efficiency of Whistleblowers’ Protection in Greece in View of the Transposition of the EU Directive on the Protection of Whistleblowers  7 The Transpositon of the EU Directive on the Protection of Whistleblowers into the Greek Legal Order  8 The Significance of Culture in Providing Effective Whistleblowing Protection under the Demands of the New Era Protecting Whistleblowers in Israel: The Gap Between the Law and its Implementation  Noa Yosef  1 Introduction  2 Background  3 Israel’s Main Laws for Protecting Whistleblowers  4 Criticism against the Protection of Employees Law and State Comptroller Law  5 Criminal Laws and Civil-Labour Laws – Complementary Mechanisms  6 Conclusion: More Is Better Than One Whistleblowing and Cooperating Witnesses in Context: The Argentinian Perspective  Hugo Wortman Jofre and Ana Clara Rivero  1 Introduction  2 The Role of Whistleblowers and Cooperating Witnesses  3 Essential Discussions about Cooperating Witnesses

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Book SynopsisIn this book academic and police officer Erik van de Sandt researches the security practices of cyber criminals. While their protective practices are not necessarily deemed criminal by law, the countermeasures of cyber criminals frequently deviate from prescribed bona fide cyber security standards. This book is the first to present a full picture on these deviant security practices, based on unique access to confidential police sources related to some of the world's most serious and organized cyber criminals. The findings of this socio-technical-legal research prove that deviant security is an academic field of study on its own, and will help a non-technical audience to understand cyber security and the challenges of investigating cyber crime.Table of ContentsForeword List of Figures and Tables Nomenclature 1 Introduction  1.1 Research Direction & Objectives  1.2 Who Should Read This Book & Why?  1.3 Methodological Approach  1.4 Novel Contributions  1.5 Outline of the Book PART 1 Current Perspectives on Security 2 ‘Good Guy’ Perspectives on Security  2.1 Security as an Ongoing Process  2.2 Current Perspective on Technical Computer Security  2.3 Current Perspectives on Cyber Security & Cyber Crimes   2.3.1 Why Cyber Crime is (not) Cyber Security   2.3.2 Border-Centric View on Cyber Security & Cyber Crimes   2.3.3 Borderless View on Cyber Security & Cyber Crimes  2.4 Interim Conclusion and Discussion 3 Touching upon Security Controls of Cyber Criminals  3.1 Computer Science & Engineering Literature   3.1.1 Anti-Forensics   3.1.2 Botnet Protection   3.1.3 Authorship Analysis   3.1.4 Attacker Economics   3.1.5 Interim Conclusion & Discussion  3.2 Social Science Literature  3.3 Legal Studies  3.4 Interim Conclusion and Discussion PART 2 Researching Cyber Crime and Deviant Security 4 A Multidisciplinary Approach for Deviant Security  4.1 Descriptive: Grounded Theory for Deviant Security Practices   4.1.1 Cyber Criminal and Cyber Security Participants   4.1.2 Secondary Data Sources   4.1.3 Data Collection, Analysis and Writing  4.2 Explanatory: Information Age & Microeconomic Theory   4.2.1 Deviant Security in the Information Age   4.2.2 The Microeconomics of Deviant Security  4.3 Limitations  4.4 Ethical Issues PART 3 A Theory on Deviant Security 5 What? – Basic Qualities of Deviant Security  5.1 Definition: What Makes Security Deviant?  5.2 Meaning: Subjective Condition  5.3 Provision: Club, Common, Private and Public Good  5.4 Function: An Asset To Protect Assets  5.5 Form: Intangible and Tangible Products & Services  5.6 Interim Conclusion and Discussion 6 Who? – Interactive Qualities of Deviant Security  6.1 Autarkic & Autonomous Referent Objects  6.2 DevSec Providers & Services  6.3 Threat Agents & Attacks  6.4 Information Asymmetries in Intertwined Networks  6.5 Deception as Deviant Security Control  6.6 Trust and Distrust as Deviant Security Controls  6.7 Interim Conclusion and Discussion 7 When & Where? – Temporal-Spatial Qualities of Deviant Security  7.1 Countermeasures Against Data Volatility & Retention  7.2 Intercultural Communication as a Countermeasure  7.3 Distribution as a Countermeasure  7.4 Physical Deviant Security  7.5 Interim Conclusion and Discussion 8 Investigative Responses Against Deviant Security  8.1 Security-Driven Investigations That Provide Human Security  8.2 Investigations as a Public Service With Multiple Outcomes  8.3 Technical Harmonization for a Global Investigation System  8.4 Reactive & Proactive Investigations on Commission & Protection  8.5 Data Scientific Investigations that Serve the Public Interest  8.6 Interim Conclusion & Discussion PART 4 Conclusions 9 The Outlook of Deviant Security  9.1 Research Objectives Reiterated  9.2 A Filled-In Deviant Security Process Cycle  9.3 Summary of Findings  9.4 Moving Forward From Findings  9.5 Concluding Remarks Bibliography Index

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Book SynopsisThis issue of Transnational Crime focuses on the implementation of the United Nations Convention against Transnational Organized Crime and its Supplementing Protocols. It is part of a broader project, marking the UNTOC’s 2oth anniversary, which started with The Palermo Convention at Twenty: Institutional and Substantive Challenges (Brill 2020) and aims at appraising the Convention’s legal framework and its suitability as a tool for effectively combating present-day transnational organized crime.Table of ContentsContents Preface International Cooperation under the United Nations Convention against Transnational Organized Crime Expectations and Experiences  Andreas Schloenhardt Abstract Keywords  Introduction  1 Extradition  2 Mutual Legal Assistance  3 Confiscation  4 Other Forms of International Cooperation  5 Observations Status of Implementation of the United Nations Trafficking in Persons Protocol 20 Years after the Palermo Convention  Fabrizio Sarrica Abstract Keywords  1 Introduction: Trafficking in Persons and the United Nations Protocol on Trafficking in Persons  2 What Is Trafficking in Persons?  3 Main Patterns of Trafficking in Persons  4 United Nations Protocol on Trafficking in Persons  5 The UNODC Global Reports on Trafficking in Persons  6 Status of Implementation: The Legislation Worldwide  7 Status of Implementation: Criminal Justice Response, Level of Convictions  8 Conclusions – 20 Years on the Path against Human Trafficking Smuggled Migrants as Victims?  Reflecting on the UN Protocol against Migrant Smuggling and on Its Implementation  Alessandro Spena Abstract 43 Keywords  1 Approaches to Migrant Smuggling  2 The Hybrid Approach of the UN Smuggling of Migrants Protocol  3 The Kaleidoscopic Figure of the Smuggled Migrant  4 Intermediate Summary  5 Challenges for the Smuggling of Migrants Protocol’s Implementation Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition Implementation Challenges and Responses  Simonetta Grassi Abstract 58 Keywords  Introduction  1 Framing the Issue of Illicit Trafficking in Firearms  2 Addressing Illicit Firearms Trafficking at a Policy Level  3 Addressing Threats at the Programme Level – A Multipronged Approach  4 Conclusion Human Trafficking and Corruption of Public Officials Reflections on the Interaction of the United Nations Legal Frameworks against Trafficking and Corruption  Rosana Garciandia Abstract Keywords  Introduction  1 The Link between Human Trafficking and Corruption  2 The Palermo Protocol against Trafficking and Its Connection to the UN Convention against Corruption (UNCAC): Synergies and Opportunities for Further Coordination  3 Conclusions The Obligations of Prevention, Protection and Assistance to Victims of Trafficking  Ruth Shrimpling and Annelies Blondé Abstract Keywords  Introduction  1 The Needs of Victims  2 VSE and the Needs of Victims of Crime  3 Legal and Policy Framework  4 Theory vs. Reality  5 Conclusion The Smuggling Protocol and the Criminalization of Humanitarian Activities at Sea  Laura Salvadego Abstract Keywords  Introduction  1 The Implementation Gap at the EU Level  2 The Case of Italy  3 Concluding Remarks International Cooperation to Counter Migrant Smuggling and Human Trafficking through Special Investigative Techniques Challenges in the Implementation of the International Legal Framework Regulating Undercover Operations in the Italian Legal System  Eugenio Zaniboni Abstract Keywords  Introduction  1 New Italian Rules on Undercover Operations after the Implementation of Law Decree No. 53/2019  2 The New Italian Bill and the Goal of “Strengthening Investigative Coordination in the Field of Crimes Related to Illegal Immigration”: A Reached Target or a Missed Opportunity?  3 Conclusion

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Book SynopsisAnchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.Table of ContentsForeword Acknowledgements List of Figures and Maps part 1 A Theory of International Criminal Law 1 Introduction  1 Introduction  2 Structure of the Research  3 Scope of the Research  3.1 Individual Criminal Liability  3.2 Entities  3.3 Core Crimes  3.4 Participatory Conduct (Complicity)  3.5 Punishable Complicity  3.6 Financing  3.7 Responsibility, Accountability and Liability  4 Rationale for This Research  4.1 Legal Uncertainty  4.2 All International Courts and Tribunals  4.3 End the Cycle of Impunity  5 Methodology 2 Current State of International Criminal Law  1 Introduction  2 The Nature of International Criminal Law  3 Sources of International Criminal Law  3.1 Primary Sources: Treaties and Customary International Law  3.2 Supplementary Sources  3.3 Other Subsidiary Sources Derived from National Laws  4 General Principles of International Criminal Law  4.1 Principle of Legality  4.2 Principle of Specificity  4.3 Principle of Non-Retroactivity  4.4 Principle of the Ban on Analogy and Extensive Interpretation  4.5 Principle of Favor Rei  5 Conclusion 3 Actus Reus and Mens Rea in International Criminal Law  1 Importance of Defining Actus Reus and Mens Rea  2 Actus Reus  3 Mens Rea  3.1 Mens Rea at the icc  3.2 Mens Rea in Customary International Law  4 Conclusion part 2 Complicity – Internationally and Nationally 4 Culpability in International Criminal Law with Regard to Aiding and Abetting  1 Introduction  2 Meaning of Aiding and Abetting  3 Related Concepts to Aiding and Abetting  3.1 Direct Commission  3.2 Indirect Commission  3.3 Co-Perpetration  3.4 jce  3.5 Instigation  3.6 Ordering  3.7 Contributing to a Group Acting with a Common Purpose  3.8 Planning  3.9 Conspiracy  3.10 Incitement  3.11 Superior / Command Responsibility  3.12 Conclusion  4 Definition and Scope of Aiding and Abetting in International Criminal Law  4.1 Aiding and Abetting at the icc  4.2 Aiding and Abetting in Customary International Law  5 Assessment 5 Comparative Analysis of Aiding and Abetting in National Jurisdictions  1 Introduction  2 Africa  2.1 Cameroon  2.2 Egypt  2.3 Malawi  2.4 South Africa  2.5 Observations  3 Asia  3.1 China  3.2 India  3.3 Israel  3.4 Malaysia  3.5 Turkey  3.6 Observations  4 Europe  4.1 England and Wales  4.2 France  4.3 Germany  4.4 Italy  4.5 Russia  4.6 Observations  5 Latina America  5.1 Argentina  5.2 Brazil  5.3 Mexico  5.4 Observations  6 North America  6.1 Canada  6.2 United States of America  6.3 Observations  7 Oceania  7.1 Australia  7.2 Observations  8 Conclusion part 3 Determination of the Rules 6 Application of the Results to International Criminal Law  1 Introduction  2 Wilful Blindness  2.1 General Principles of Law Recognised by the Community of States  2.2 General Principles of International Criminal Law  3 Dolus Eventualis  3.1 General Principles of Law Recognised by the Community of States  3.2 General Principles of International Criminal Law  4 Wilful Blindness and Dolus Eventualis  5 Conclusion 7 Conclusion Bibliography Index

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Book SynopsisThis volume examines lessons learned in over two decades of ICC practice. It discusses macro issues, such as universality, selectivity, new technologies, complementarity, victims and challenges in the life cycle of cases, as well as ways to re-think the ICC regime in light of the Independent Expert Review, aggression against Ukraine, and novel global challenges.Table of ContentsForeword Preface List of Tables Notes on Contributors Part 1 Setting the Scene 1 The icc in Its Third Decade: Setting the Scene   Carsten Stahn Part 2 The icc in Context: General Reflections 2 Reflections on the 20th Anniversary of the International Criminal Court   Philippe Kirsch 3 Looking Back and Looking Forward: How to Expand the Global Reach of the icc?   Silvia Fernández de Gurmendi 4 Trust Fund for Victims: Reparations: a Critical Aspect of Justice at the icc   Minerva Tavárez Mirabal 5 The International Criminal Court at 20: the Role of Civil Society   Elizabeth Stevenson 6 The icc at 20 from the Rome Statute’s Entry into Force: Looking Backwards and Forward, or Learning from Mistakes and Building on Achievements   David Donat Cattin Part 3 New Frontiers in Investigations and Prosecutions 7 Innovation and Technology in Building Modern Investigations and Prosecutions at the icc   Karim Khan 8 Collaboration between the Office of the Prosecutor and Third-Party Investigators   Rafael Braga da Silva 9 Intersectional Approaches to Investigating and Prosecuting International Crimes: Sexual and Gender-Based Crimes   Priya Gopalan 10 ‘No-Win Scenarios’ in Situation and Case Selection: a Call for a Holistic Conversation   Darryl Robinson Part 4 Revisiting Trials and Procedures 11 Judicial Control of Investigations: Some Synopsis of Past and Present Perspectives   Mohamed M. El Zeidy 12 The Inquisitorial/Adversarial Divide and Its Specific Context at the icc   Raul C. Pangalangan 13 Reflecting on the Rights of the Defense at the International Criminal Court: the Importance of Ensuring Fair Trials to Deliver Exemplary Justice   Jennifer Naouri and Dov Jacobs 14 Victim Participation at the icc—Putting the Concept in (Good) Practice   Philipp Ambach Part 5 Cooperation and Complementarity 15 Behind the Scenes: the Essential Role of Cooperation in an Effective Trial   Peter Lewis 16 Crystallizing Complementarity: a New Gambit?   Priya Pillai 17 Making Space for Victims in the icc’s Evolving Complementarity Regimes   Lorraine Smith-van Lin and Fiona McKay 18 National Implementation of the Rome Statute as a Critical Precondition for Complementarity and Cooperation   Olympia Bekou Part 6 Confronting Institutional Challenges 19 The Gap: Gender and Geographical Imbalance at the icc, 20 Years On   Angela Mudukuti 20 Funding the icc for Its Third Decade   Stuart Ford 21 ‘Nor Is It Neutral’: New Technologies and the International Criminal Court   Alexa Koenig and Lindsay Freeman 22 Is the International Criminal Court succeeding in Providing Justice to Victims?   Carla Ferstman Part 7 Looking to the Future 23 The Evolving System of International Criminal Justice   Muriel Ubéda-Saillard 24 The International Criminal Court of the Future   Leila Nadya Sadat 25 Reflections on Ecocide as a Fifth Crime Under the Rome Statute of the International Criminal Court   Phoebe Okowa and Olivia Flasch 26 Aggression against Ukraine: and an Object Lesson in icc’s Contributions to International Justice   Chile Eboe-Osuji 27 One Regime to Rule Them All: Harmonizing the Conditions for the Exercise of Jurisdiction over Crimes within the Jurisdiction of the International Criminal Court   Astrid Reisinger Coracini 28 Re-imagining the icc in a Multipolar World   Carsten Stahn Index

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Book SynopsisIt is statistically unlikely that humans are the only intelligent species in the universe. Nothing about the others will be known until contact is made beyond a radio signal from space that merely tells us they existed when it was sent. That contact may occur tomorrow, in a hundred years, or never. If it does it will be a high-risk scenario for humanity. It may be peaceful or hostile. Relying on alien altruism and benign intentions is wishful thinking. We need to begin identifying as a planetary species, and develop a global consensus on how to respond in either scenario.Table of ContentsForeword Preface List of Figures Abbreviations 1 Introduction  1 An Initial Caveat: the ufo/uap Debate – the Elephant in the Room  2 Structure of the Book 2 The Scientific seti Environment  1 Introduction 1.1 The Drake Equation and the Fermi Paradox 1.1.1 Drake Equation 1.1.2 Fermi Paradox  2 Anthropocentrism and Morphism  3 seti Approaches and the Nature of Contact  4 Astrobiology 3 Social Science Aspects of seti  1 Gauging the Risk and Impact of First Contact on Global Society 1.1 The Rio and San Marino Scales 1.2 iaaseti Declarations of Principles 1.3 Excursion: iaaseti and Its Attitude to Research Into uap 1.4 The disc Quotient – Linking Impact and Linguistics  2 Exolinguistics  3 Exosociology, Exophilosophy and Exotheology  4 The Metalaw Debate – Premature Speculation and Proper Use of Legal Considerations  5 Conclusion 4 Science Fiction and (First) Contact Scenarios  1 Science Fiction Literature  2 Types of First Contact 2.1 The Hercules Text 2.2 The Rama Cycle – Rama i and ii 2.3 The Tripods Tetralogy and the Forge of God 2.3.1  The Tripods 2.3.2  The Forge of God 2.4 The Mote in God’s Eye 2.5 The Three-Body Problem as an Example of the Risk Inherent in meti  3 Interspecies Comprehension and Communication 3.1 Rama iii and iv 3.2 Semiosis 3.3 Children of Time and Children of Ruin  4 Interspecies Armed Conflict 4.1 Ender’s Game 4.2 The Forever War, Starship Troopers, Old Man’s War Trilogy, and Anvil of Stars  5 Conclusion 5 Hostile Contact and Current International and Domestic Law  1 Introduction  2 Liability of Humans 2.1 International Criminal Law 2.1.1  Overview of Core Crimes 2.1.2  Individual Problems 2.2 Domestic Law  3 Liability of ETI 3.1 Jurisdiction 3.2 Nullum Crimen Principle  4 Conclusion 6 Preparing for Hostile Contact  1 Introduction  2 Weapons Technology  3 Strategy and Tactics 3.1 Weapons Development and Deep Space Strategy 3.2 The Strategic Parameters of Deep Space Warfare 3.2.1  Distances, Speeds, and Celestial Mechanics 3.2.2  Psychological Aspects  4 Conclusion: an End to the Idea of a Peaceful Use of Outer Space? 7 Legal Prolegomena of Peaceful Relationships with eti  1 Introduction  2 Joining the “Galactic Club” – a Future Theory of Humans’ Rights Protection in Interstellar Civilisation Networks? 2.1 Overview of Possible Factors Affecting Human Rights Guarantees 2.1.1  Network Regulation Density 2.1.2  Rights Hierarchies and Enforcement Mechanisms 2.2 Individual Rights 2.2.1  Preamble 2.2.2  Recognition as a Person before the Law 2.2.2  Self-determination, Political Activity 2.2.4  Equality and Minority Rights 2.2.5  Right to Life, Ban on Cruel and Degrading Treatment, Torture and Slavery 2.2.6  Due Process Rights, Right to Liberty 2.2.7  Freedom of Movement 2.2.8 Privacy, Freedom of Religion and Expression, Assembly and Association 2.2.9   Family and Personal Status; Child Rights 2.2.10  Restrictions on Exercise of Rights  3 Conclusion 8 Conclusion and Outlook Epilogue by Dr. Andreas Anton Annexes Bibliography Index

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Book SynopsisChapter 1. Introduction.- Chapter 2. Group Rights and the Right to Exist.- Chapter 3. Understanding the Collective Right to Exist: Acoustic Separation and Survival Units.- Chapter 4. Grouphood in the Law on Genocide.- Chapter 5. The Protected Value and the Prohibition of Genocide.- Chapter 6. Genocide and Impossible Attempts: Transcending Acoustic Separation.- Chapter 7. Reconciling the Social and the Legal: Genocide as a Process.- Chapter 8. The Contextual Element and the Inchoate Offenses of Genocide.- Chapter 9. The Structure of Endangerment in the Actus Reus of Genocide.- Chapter 10. A Realistic Genocidal Intent.- Chapter 11. As Such: A Definitional Element or an Interpretative Aid?.- Conclusions.

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Book SynopsisIntroduction The World Order at a Crossroads.- Part I. Critical Doctrinalism.- 2. Critical Doctrinalism.- 3. The Exercise of Discretion in International Law The Different Functions of Constraining Criteria.- 4. Personal Immunity before the International Criminal Court.- 5. Critical Perspectives in the Law of the Sea the Regulation of Underwater Infrastructure as an Example of Facilitation and Limitation in Parallel.- Part II. Constructing and Redefining Identities.- 6. Re-Defining Statehood in the Face of Rising Sea Levels.- 7. International Law from Below the case of Klimaseniorinnen, Climate Change, and Human Rights.- 8. An Obligation to Compromise? Between Statehood and Autonomy in the Case of Western Sahara after 2007.- 9. Sweden as a Member of NATO How Might the Role of International Law in Swedish Foreign Policy Change?.- 10. Sweden, NATO and European Integration.- 11. Neutrality or Equivocation: The Response of African States to the Ukraine Conflict.- Part III. The Role of Scholars: Neutral Commentators or Activists?.- 12. The Role of International Lawyers in a Changing (Physical and Political) Climate.- 13. Problems in Teaching Public International Law.- 14. Karl Olivecrona and the Legal Realist Support for Nazi Germany.- 15. The Charismatic Educators of International Investment Law.- Part IV. The Politics of Historicizing International Law.- 16. Historicizing International Law.- 17. Clausewitz and the Development of International Law.- 18. Uses and Misuses of History in International Criminal Justice and Intertemporal Law.- 19. State Sovereignty and the Origins of International Legal Formalism.- Part V. International law as an Instrument and Part of Warfare.- 20. The Key Role of International Law in Contemporary Conflicts: Challenges and Prospects.- 21. Hybrid' Naval Warfare and Its Intended Legal Implications?.- 22. Of Legal Cars Leaving Political Factories.- 23. Responsibility and Accountability for Environmental Destruction in Relation to Armed Conflicts: The Case of Ukraine.- 24. Minorities' Aspiration to Self-Determination, a Major Cause of Conflicts in Europe: Do They Shape International Law Towards Remedial Secession for Severely Oppressed Minorities?.- 25. The Vanishing Point of Interpretation: Recognising the Limits to Reconciling the Concurrent Applications of International Human Rights Law and International Humanitarian Law.- 26. Economic Lawfare and WTO Law.- Part VI. Reconsidering Hegemony, Imperialism and Colonialism.- 27. Carl Schmitt in Russia and China: A Revival for Großraum Analytics in International Law?.- 28. Tackling Hazardous Dumping or Legitimizing Toxic Colonialism? Exploring the Role of International Law in Managing Trade in Hazardous Substances.- 29. A New UN: The Regrettable Irrelevance of the Security Council.- 30. The Aggression Against Ukraine What are the Lessons for a Future World Order?.- 31. Private Authority in International Finance: The Case of Credit Rating Agencies.- 32. How to Counter Attempts by Authoritarian States to Redefine the Concept of Human Rights: Russia's Use of Human Rights Justifications in Defense of its Invasion of Ukraine.- 33. Contestation and Legitimacy in Global Governance.

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Book SynopsisA Practical Guide to INTERPOL and Red Notices provides criminal law practitioners with a practical, user-friendly guide to the law and guidance relating to Red Notices, how they can be identified and how to challenge them. INTERPOL now regularly publishes decisions taken in relation to applications to delete Red Notices, as well as data on its processing of Red Notices. The Second Edition takes account of these developments and includes: - The increasing ways in which Red Notices can be challenged - Practical advice to practitioners in relation to INTERPOL's substantive and procedural approach to challenging Red Notices- Increased coverage of diffusions - Expansion of chapters focusing on INTERPOL litigation This title is also complemented by a collection of the key INTERPOL Resolutions, Statutes and Operating Rules to provide a single source one-stop shop' for those who need information on any aspect of Red Notices and the worki

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Book SynopsisFor the global economy, corruption is dangerous. The consequence is economic decay, not development. And that's why corruption demands a truly global response, one that knows no limits on collaboration. (US Attorney General Eric H. Holder at the OECD in May 2010). The fight against corruption and bribery is backed by numerous global and regional agreements and conventions, supplemented by national legislation and practice, such as the Convention of the OECD on Combating Bribery of Foreign Public Officials in International Business Transactions (1997), the UN Convention against Corruption (2005), the Inter-American Convention against Corruption (1997), the Criminal Law Convention on Corruption of the Council of Europe (2002), the African Union Convention on Preventing and Combating Corruption (2006) and many more. Although most countries use their best endeavours to reduce corruption within their jurisdiction, the effects of the measures taken still vary from country to country. This book undertakes the task of giving a compact overview of the legal framework and practices of implementation in more than 150 countries worldwide, based on a uniform questionnaire. The reports of about 50 countries with the highest turnover in foreign trade are provided in print; a CD-ROM with the unprinted reports is included in the book. ·Both compact and comprehensive ·Thanks to the uniform questionnaire the reports are easy to access and compare ·Focus is laid on practice.Table of ContentsThe book and the CD-ROM cover 153 countries worldwide focussing on the following nine questions: 1. What is the ceiling beyond which advantages granted to public officials in the context of contractual negotiations become impermissible? What is commonly considered to be a socially acceptable and legally unproblematic advantage? 2. Who qualifies as a public official? Are government-controlled enterprises also included? 3. Does culpability arise only in cases in which a public official breaches his official duties, or can there be culpability also in cases in which a public official obtains any advantage in connection with a permissible official act? 4. What is the ceiling beyond which advantages granted to private sector business associates in the context of contractual negotiations become impermissible? What is commonly considered to be a socially acceptable and legally unproblematic advantage? 5. How can differences between the answers to Question 1 and 4 (benefits obtained by public officials/private sector business associates) be summarized? 6. Many advantages be granted to a potential (in the absence of contractual negotiations) public or private sector business associate? (So-called "priming the pump"). 7. Do corruption regulations apply solely to domestic businesses or also to foreign business entities? 8. Can legal entities be liable for prosecution? If not, what other possible sanctions might be imposed in a business (forfeiture/monetary fine/confiscation of profits/barring of contract awards)? 9. Can officials of a business also be held personally liable for criminal penalties or monetary fines?

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Book SynopsisChapter 1. Introduction.- Chapter 2. Theory of Legal Norms.- Chapter 3. Interconnected Norms and the Crimes and Offences within the ICC Jurisdiction.- Chapter 4. Theoretical Models of Individual attribution.- Chapter 5. Perpetration.- Chapter 6. Prompting the Crime, Assisting in Crime, and Other Forms of Contribution to Its Commission.- Chapter 7. Superior Responsibility and Other Components of the Model of Individual Attribution.- Chapter 8. Summary and Final Conclusions.- Table Of Cases.- Index.

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Book SynopsisThis book is the first to investigate all aspects of sexual crimes and the policy and management initiatives developed to address them from a transnational, global perspectiveTrade ReviewThis book presents various forms and contexts in which sexual crime takes place and how international perspectives on sexuality, human rights, and moral and legal principles provide a global framework. The latter is likely to expand and enrich students' understanding of sex crimes and appreciation of how local conditions shape sexual crimes and communities' responses to them. The book introduces students to the global range of sex offenses, sexual deviance, and sexual violence, presenting the many forms these behaviors take, the diverse contexts in which they occur, the international approaches to the manifestation of sex offenses, and the policies that address them. -- Edna Erez, University of Illinois at Chicago Sex Crimes provides a welcome new perspective on much discussed yet often poorly understood themes. The editors successfully analyze the complexity of sex crimes beyond the emotive outrage that some, not other, sex crimes elicit in the public eye. Instead, they propose a transnational framework to look at such crimes, exploring legal approaches as well as policies of treatment, prevention, and support. The excellent and diverse presentation of case studies and contexts, from trafficking to war crimes, animal rights, and masculinity studies, helps highlight links between and disruptions in the way sex crimes are seen and dealt with in international and domestic law and policy. A must read for anyone interested in sex crimes and the transnational. -- Jelke Boesten, King's College London A good read and a good introduction to the field... Highly recommended. Choice An essential read for anyone interested in gaining a more complete and global perspective on sexual violence. Journal of Aggression, Maltreatment and TraumaTable of ContentsPart I. Foundational Chapters Introduction, by Alissa R. Ackerman and Rich Furman 1. The Movement of Sexual Content and Sex Crimes from the Local to the Transnational, by Jay S. Albanese 2. What Is a "Sex Crime"? An Examination of the Various Definitions of Rape Across Countries, by Lisa L. Sample and Rita Augustyn 3. The Use of Masculinities in the Understanding and Treatment of Male Sexual Offenders, by Alissa R. Ackerman, Rich Furman, Jeffrey W. Cohen, Eric Madfis, and Michelle Sanchez 4. A World of Hurt: An International Look at Intimate Partner Violence, by Elicka S. Peterson-Sparks Part II. Sex Trafficking in a Transnational World 5. Global Sex Trafficking Overview: Facts, Myths, and Debates, by Mary Hiquan Zhou 6. INGOs and the UN Trafficking Protocol, by Charles Anthony Smith and Cynthia Florentino 7. Sex Work and Agency: Decriminalization of Prostitution, by Cathy Nguyen, Rich Furman, and Alissa R. Ackerman Part III. Examples and Contexts of Transnational Sex Crimes 8. Sexual Violence Against Political Prisoners: An Examination of Empirical Evidence in El Salvador and Peru, by Michele Leiby 9. Conflict and Postconflict Sexual Violence in Africa: Case Studies of Liberia, Northern Uganda, and Eastern Democratic Republic of Congo, by Helen Liebling 10. Donor Dollars and Ministerial Mindsets: Constraints on NGO Responses to Rape in Cambodia, by Catherine Burns and Kathleen Daly 11. Sexual Abuse Within Institutional Contexts, by Anne-Marie McAlinden 12. Child Sexual Abuse in the Catholic Church, by Karen J. Terry 13. Sexual Violence By and Against Trans People, by Phoenix J. Freeman 14. The Sexual Abuse of Animals, by Jennifer Maher List of Contributors Index

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Book SynopsisThis book is the first to investigate all aspects of sexual crimes and the policy and management initiatives developed to address them from a transnational, global perspectiveTrade ReviewThis book presents various forms and contexts in which sexual crime takes place and how international perspectives on sexuality, human rights, and moral and legal principles provide a global framework. The latter is likely to expand and enrich students' understanding of sex crimes and appreciation of how local conditions shape sexual crimes and communities' responses to them. The book introduces students to the global range of sex offenses, sexual deviance, and sexual violence, presenting the many forms these behaviors take, the diverse contexts in which they occur, the international approaches to the manifestation of sex offenses, and the policies that address them. -- Edna Erez, University of Illinois at Chicago Sex Crimes provides a welcome new perspective on much discussed yet often poorly understood themes. The editors successfully analyze the complexity of sex crimes beyond the emotive outrage that some, not other, sex crimes elicit in the public eye. Instead, they propose a transnational framework to look at such crimes, exploring legal approaches as well as policies of treatment, prevention, and support. The excellent and diverse presentation of case studies and contexts, from trafficking to war crimes, animal rights, and masculinity studies, helps highlight links between and disruptions in the way sex crimes are seen and dealt with in international and domestic law and policy. A must read for anyone interested in sex crimes and the transnational. -- Jelke Boesten, King's College London A good read and a good introduction to the field... Highly recommended. Choice An essential read for anyone interested in gaining a more complete and global perspective on sexual violence. Journal of Aggression, Maltreatment and TraumaTable of ContentsPart I. Foundational Chapters Introduction, by Alissa R. Ackerman and Rich Furman 1. The Movement of Sexual Content and Sex Crimes from the Local to the Transnational, by Jay S. Albanese 2. What Is a "Sex Crime"? An Examination of the Various Definitions of Rape Across Countries, by Lisa L. Sample and Rita Augustyn 3. The Use of Masculinities in the Understanding and Treatment of Male Sexual Offenders, by Alissa R. Ackerman, Rich Furman, Jeffrey W. Cohen, Eric Madfis, and Michelle Sanchez 4. A World of Hurt: An International Look at Intimate Partner Violence, by Elicka S. Peterson-Sparks Part II. Sex Trafficking in a Transnational World 5. Global Sex Trafficking Overview: Facts, Myths, and Debates, by Mary Hiquan Zhou 6. INGOs and the UN Trafficking Protocol, by Charles Anthony Smith and Cynthia Florentino 7. Sex Work and Agency: Decriminalization of Prostitution, by Cathy Nguyen, Rich Furman, and Alissa R. Ackerman Part III. Examples and Contexts of Transnational Sex Crimes 8. Sexual Violence Against Political Prisoners: An Examination of Empirical Evidence in El Salvador and Peru, by Michele Leiby 9. Conflict and Postconflict Sexual Violence in Africa: Case Studies of Liberia, Northern Uganda, and Eastern Democratic Republic of Congo, by Helen Liebling 10. Donor Dollars and Ministerial Mindsets: Constraints on NGO Responses to Rape in Cambodia, by Catherine Burns and Kathleen Daly 11. Sexual Abuse Within Institutional Contexts, by Anne-Marie McAlinden 12. Child Sexual Abuse in the Catholic Church, by Karen J. Terry 13. Sexual Violence By and Against Trans People, by Phoenix J. Freeman 14. The Sexual Abuse of Animals, by Jennifer Maher List of Contributors Index

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Book SynopsisThis book explores the use of guilty pleas in criminal prosecutions for international crimes.Trade Review"Combs has produced the first definitive treatment of the controversial issue of plea bargaining in cases involving the gravest crimes known to humankind. This meticulously researched and superbly written book is essential reading for anyone working or writing in international criminal law." -- Michael P. Scharf, 2005 Nobel Peace Prize nominee, Professor of Law and Director of the Frederick K. Cox International Law Center * Case Western Reserve University School of Law *"Combs skillfully introduces the subject of plea bargaining as a process that can resolve, or at least mitigate, the problems facing efforts to bring to justice the perpetrators of crimes against humanity. Time and time again, Guilty Pleas furthers the goals of restorative justice in an innovative and insightful fashion." -- John F. Murphy * Villanova University School of Law *"Guilty Pleas builds on the tension between the rights of victims to see perpetrators brought to justice and modern concepts of restorative justice. Combs sets out an eloquent case for a plea bargaining approach, derived from experience before national courts." -- William A. Schabas, National University of Ireland * Galway *"Plea bargaining (and amnesty) constitutes the critical dilemma of international criminal law. Nancy Combs provides the most thorough treatment we have of it. This is a thoughtful book that exposes the paradoxes in the way rule of law policies work out. It is a landmark contribution to international criminal law and to restorative justice scholarship." -- John Braithwaite * Australian National University *Table of ContentsContents INTRODUCTION 1 CHAPTER ONE - INTERNATIONAL CRIMINAL JUSTICE THEN AND NOW: THE LONG ROAD FROM IMPUNITY TO (SOME) ACCOUNTABILITY 1 A. The Norms of Impunity 1 B. Tentative Steps: Establishing the Ad Hoc Tribunals and other Institutions to Prosecute International Crimes 1 C. Non-Prosecutorial Mechanisms: Reparations Schemes and Truth-Telling Commissions 1 1. Reparations Schemes 1 2. Truth-Telling Commissions 1 CHAPTER TWO - FINANCIAL REALITIES: TARGETING ONLY THE LEADERS 1 A. The ICTY and the ICTR 1 B. The ICC 1 C. Hybrid International/Domestic Courts in Sierra Leone, East Timor, and Cambodia 1 D. Domestic Prosecutions 1 CHAPTER THREE - DO THE NUMBERS COUNT? THE ENDS SERVED BY INTERNATIONAL CRIMINAL PROSECUTIONS IN SOCIETIES EMERGING FROM MASS ATROCITIES 1 A. Retribution 1 B. Deterrence 1 C. Incapacitation 1 D. Rehabilitation 1 E. Goals Specific to Societies Emerging From Large-Scale Violence 1 F. Summary 1 CHAPTER FOUR - THE PLEA BARGAINING OF INTERNATIONAL CRIMES: THE PRACTICE OF THE ICTY, ICTR, SPECIAL PANELS FOR EAST TIMOR, AND GACACA COURTS 1 A. Guilty Plea Procedures at the International Tribunals 1 B. Plea Bargaining at the ICTY 1 1. The Tribunal's Early Guilty Pleas 1 2. The Introduction of Charge Bargaining 1 3. The Evolution of Sentence Bargaining 1 4. Appeals in ICTY Guilty Plea Cases 1 5. Other Aspects of the Evolution of ICTY Plea Bargaining 1 CHAPTER FIVE: PLEA BARGAINING AT THE ICTR AND AT THE SPECIAL PANELS IN EAST TIMOR 1 A. Plea Bargaining at the ICTR 1 1. Kambanda 1 2. Serushago 1 3. Ruggiu 1 4. Rutaganira 1 5. The ICTR's Practice of Plea Bargaining 1 B. Plea Bargaining at the Special Panels in East Timor 1 1. Criminal Prosecutions at the Special Panels for Serious Crimes and an Overview of Early Guilty Pleas 1 2. The Evolution of Plea Bargaining at the Special Panels 1 C. The Plea Bargaining of International Crimes 1 CHAPTER SIX - USING CONVENTIONAL PLEA BARGAINING TO INCREASE THE NUMBER OF CRIMINAL PROSECUTIONS FOR INTERNATIONAL CRIMES 1 CHAPTER SEVEN - PLEA BARGAINING AS RESTORATIVE JUSTICE: USING GUILTY PLEAS TO ADVANCE BOTH CRIMINAL ACCOUNTABILITY AND RECONCILIATION 1 A. The Theory 1 B. The Practice 1 C. Potential Obstacles 1 D. Summary 1 CHAPTER EIGHT - APPLYING RESTORATIVE PRINCIPLES IN THE AFTERMATH OF DIFFERENT ATROCITIES: A CONTEXTUAL APPROACH 1 A. A Summary of Four Atrocities 1 1. Argentina 1 2. Bosnia 1 a. Prison Camps 1 b. Siege of Sarajevo 1 c. Srebrenica 1 3. Rwanda 1 4. East Timor 1 B. Restorative-Justice Values in Different Factual Contexts 1 1. Truth-telling 1 2. Victim Participation 1 3. Reparations 1 C. The Contours of Optimal Restorative-Justice Guilty-Plea Systems in the Argentine, Bosnian, Rwandan, and East Timorese Contexts 1 1. Argentina 1 2. Bosnia 1 3. Rwanda 1 4. East Timor 1 5. Summary 1 CHAPTER NINE: THE MINIMAL ROLE OF RESTORATIVE JUSTICE IN CURRENT INTERNATIONAL CRIMINAL PROSECUTIONS 1 A. Restorative Elements in ICTY Guilty-Plea Processes 1 1. Victim Involvement 1 2. Truth-telling 1 3. Apologies 1 A. Restorative Elements in ICTR Guilty-Plea Processes 1 1. Victim Involvement 1 2. Truth-Telling 1 3. Apologies 1 C. Restorative Elements in Special Panels Guilty Plea Processes 1 1. Truth-telling 1 D. Reconciliation and Restoration Through Rwanda's Domestic Guilty Plea Procedures and its Gacaca Courts 1 E. Reconciliation and Restoration Through East Timor's Commission for Reception, Truth and Reconciliation 1 CONCLUSION 1

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Book SynopsisWhen former Chilean dictator Augusto Pinochet was arrested in London at the request of a Spanish judge, the world''s attention was focused for the first time on the idea of universal jurisdiction. Universal jurisdiction stands for the principle that atrocities such as genocide, torture, and war crimes are so heinous and so universally abhorred that any state is entitled to prosecute these crimes in its national courts regardless of where they were committed or the nationality of the perpetrators or the victims. In 2001, two Rwandan nuns were convicted in a Belgian court for atrocities committed in Rwanda against Rwandans. Serbs have been prosecuted in German courts, and a court in Senegal asserted universal jurisdiction over the former dictator of Chad, Hissène Habré. Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.Universal JurTrade Review"This particular publication is likely to become an essential one in the analysis of jurisprudential bases for the heinous activity that such jurisdiction is bound to eradicate." * American Society of International Law Newsletter *Table of ContentsIntroduction —Stephen Macedo PART I. THE PRINCETON PRINCIPLES Preface to the Princeton Principles —Mary Robinson The Princeton Principles on Universal Jurisdiction Commentary on the Principles —Steven W. Becker PART II. ESSAYS AND COMMENT 1. The History of Universal Jurisdiction and Its Place in International Law —M. Cherif Bassiouni 2. Comment: The Quest for Clarity —Stephen A. Oxman 3. The Growing Support for Universal Jurisdiction in National Legislation —A. Hays Butler 4. The Adolf Eichmann Case: Universal and National Jurisdictions —Gary J. Bass 5. Comment: Connecting the Threads in the Fabric of International Law —Lori F. Damrosch 6. Assessing the Pinochet Litigation: Whither Universal Jurisdiction? —Richard A. Falk 7. Comment: Universal Jurisdiction and Transitions to Democracy —Pablo De Greiff 8. The Hissène Habré Case: The Law and Politics of Universal Jurisdiction —Stephen P. Marks 9. Defining the Limits: Universal Jurisdiction and National Courts —Anne-Marie Slaughter 10. Universal Jurisdiction, National Amnesties, and Truth Commissions: Reconciling the Irreconcilable —Leila Nadya Sadat 11. The Future of Universal Jurisdiction in the New Architecture of Transnational Justice —Diane F. Orentlicher 12. Universal Jurisdiction and Judicial Reluctance: A New "Fourteen Points" —Michael Kirby 13. Afterword: The Politics of Advancing International Criminal Justice —Lloyd Axworthy List of Contributors List of Project Participants Notes Index Acknowledgments

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Book SynopsisGraduate students studying international criminal law, international human rights or international humanitarian law as well as those studying international justice, international politics, international organization or public policy analysis, will also find this book invaluable.Trade Review’This timely, valuable and thought-provoking contribution to our understanding of the vibrant new subject that is international criminal law is a great addition to the literature and to our understanding. Professor Bart Brown deserves real appreciation for bringing it together.’ -- Philippe Sands QC, University College London and Matrix Chambers, UK’The Research Handbook is a comprehensive up-to-date guide to one of the youngest yet most dynamic areas of international law. It tackles the pertinent challenges and opportunities, starting with the classical issues like categories of international crimes and complementarity, going on to address the problems ahead including the Guantanamo regime, crimes against women and the status of private security contractors. The Handbook will be a valuable source for both general and advanced international criminal law research.-James Crawford, Cambridge University, UKTable of ContentsContents: Preface Bartram S. Brown PART I: INDIVIDUAL CRIMINAL RESPONSIBILITY UNDER INTERNATIONAL LAW 1. International Criminal Law: Nature, Origins and a Few Key Issues Bartram S. Brown 2. The Vanishing Relevance of State Affiliation in International Criminal Law: Private Security Contractors and Other Non-state Actors John Cerone PART II: CRIMES UNDER INTERNATIONAL LAW 3. The Crime of Genocide Mark A. Drumbl 4. Crimes Against Humanity Margaret M. deGuzman 5. Crimes Against Women under International Criminal Law Kelly D. Askin 6. The Crime of Aggression: Is it Amenable to Judicial Determination? Faiza Patel King PART III: INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS 7. The Contribution of Non-governmental Organizations to the Creation of International Criminal Tribunals Mark S. Ellis 8. The ICC Investigation into the Conflict in Northern Uganda: Beyond the Dichotomy of Peace versus Justice Katharina Peschke 9. Fine-tuning Complementarity Sarah M.H. Nouwen 10. The Hybrid Experience of the Special Court for Sierra Leone Clare da Silva PART IV: DEFENCES AND THE DEVELOPMENT OF INTERNATIONAL FAIR TRIAL STANDARDS AND PROCEDURES 11. Protecting the Fair Trial Rights of the Accused in International Criminal Law: Comparison of the International Criminal Court and the Military Commissions in Guantánamo David Weissbrodt and Kristin K. Zinsmaster 12. Self-representation of the Accused before International Tribunals: An Absolute Right or a Qualified Privilege? Michael P. Scharf 13. Defences in International Criminal Law Kai Ambos PART V: PROSECUTIONS BY NATIONAL COURTS 14. Extradition and Mutual Legal Assistance: Recent Trends in Inter-state Cooperation to Combat International Crimes Ved P. Nanda 15. Universal Jurisdiction Naomi Roht-Arriaza and Menaka Fernando PART VI: THE FUTURE OF INTERNATIONAL CRIMINAL LAW 16. National Amnesties, Truth Commissions and International Criminal Tribunals William A. Schabas 17. Dancing in the Dark – Politics, Law and Peace in Sierra Leone: A Case Study David M. Crane 18. Reflections on Contemporary Developments in International Criminal Justice M. Cherif Bassiouni Index

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Book SynopsisIn 2002, the UK introduced a criminal competition law into the UK legal system for the first time since the 18th century.Trade Review‘. . . this book will, no doubt, become a valued acquisition in the libraries of competition lawyers on both sides of the Atlantic.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘. . . My overall impression of this book is that it is an excellent, well-researched overview of some of the most pertinent issues with antitrust criminalisation and of the operation of the criminal antitrust regimes in Ireland, the UK and the US. It provides fascinating insights into the practical workings of these regimes and, for the UK regime in particular, presents a detailed critical analysis of its failings to date. The thesis pursued by this monograph in its consideration of four different research questions is interesting, current, sophisticated and relevant. This monograph is essential reading for all those interested in antitrust criminalisation.’ -- Peter Whelan, European Competition Journal‘Mark Furse’s specialist subject is competition law and this monologue is a refreshing tour of the subject matter.’ -- The Criminal LawyerTable of ContentsContents: Preface 1. Introduction 2. Criminalisation of Cartel Activity: Economics and Law 3. Criminalisation in the United States 4. Criminalisation in the UK: The Cartel Offence 5. Criminalisation in Ireland 6. Case Studies 7. Conclusion Bibliography Index

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Book SynopsisCorruption is a global phenomenon with costs estimated to be in the trillions of dollars. This source of original research and policy analysis deals with the most important concepts and empirical evidence in foreign corrupt practices globally.Trade ReviewGraycar and Smith's excellent edited volume studies corruption as a pervasive, global phenomenon. The chapters move from general overviews to in-depth studies of corruption-prone sectors such as forestry, financial markets, public procurement, and trade in diamonds and art. The volume is an important, contribution to the international study of corruption that mixes scholarly analysis with practical recommendations for the control and prevention of corruption - both international initiatives and country - or sector-specific policies. --Susan Rose-Ackerman, Yale Law School, USAction against corruption has risen rapidly on the global political agenda and remains a key concern of peoples around the world. The United Nations Convention against Corruption, the first and only global binding legal instrument against the phenomenon, offers the framework and basis for a concerted, coordinated and comprehensive response. In order to buttress the Convention, however, knowledge and the consequent awareness are crucial. This Handbook is a commendable effort to address this need and serves to fill the gap that exists. The authors and editors have made a significant contribution, bringing together professionals and practitioners alike. --Dimitri Vlassis, Chief, Corruption and Economic Crime Branch, UNODC and Secretary, Conference of the States Parties to the United Nations Convention against CorruptionThis Handbook will serve as an invaluable resource for scholars, students and public officials interested in understanding corruption and its control. --James B. Jacobs, NYU School of LawTable of ContentsContents: PART I: CONTEXTUALISING CORRUPTION 1. Research and Practice in Corruption: An Introduction Adam Graycar and Russell G. Smith 2. Corruption in the Broad Sweep of History Marcus Felson 3. Measuring Corruption Finn Heinrich and Robin Hodess 4. Assessing Corruption at the Country Level Francesca Recanatini PART II: CORRUPTION IN PRACTICE 5. Corruption in Procurement Glenn T. Ware, Shaun Moss, J. Edgardo Campos and Gregory P. Noone 6. Circumventing Sanctions Against Iraq in the Oil-for-Food Programme Linda Courtenay Botterill 7. Identifying Corruption Risks in Public Climate Finance Governance Lisa Ann Elges 8. Corruption in REDD+ Schemes: A Framework for Analysis Peter Larmour 9. Corruption and Crime in Forestry William B. Magrath 10. The Relationship between Corruption and Financial Crime Nicole Leeper Piquero and Jay S. Albanese 11. Corrupt Practices Involving Offshore Financial Centres David Chaikin 12. Corruption and the Global Diamond Trade Dina Siegel 13. Corrupt Practices in the Global Trade in Art and Antiquities Duncan Chappell and Kenneth Polk 14. Corrupt Misuse of Information and Communications Technologies Russell G. Smith and Penny Jorna PART III: PREVENTION AND CONTROL OF CORRUPTION 15. From Information to Indicators: Monitoring Progress in the Fight Against Corruption in Multi-project, Multi-stakeholder Organizations Scott A. Fritzen and Shreya Basu 16. The United Nations Convention Against Corruption Matti Joutsen 17. The Global Architecture of Foreign Bribery Control: Applying the OECD Bribery Convention Cindy Davids and Grant Schubert 18. Applying Anti-money Laundering Laws to Fight Corruption Louis de Koker 19. Recovering Corruptly Obtained Assets Larissa Gray 20. Activist Regulatory Practices in Corruption Prevention: A Case Study from Montenegro Bryane Michael 21. The Hong Kong ICAC’s Approach to Corruption Control Ian Scott 22. Developing Cultures of Integrity in the Public and Private Sectors Richard Mulgan and John Wanna 23. Reporting Corrupt Practices in the Public Interest: Innovative Approaches to Whistleblowing Inez Dussuyer, Stephen Mumford and Glenn Sullivan 24. The Role of Education in Changing Corrupt Practices Rose Gill Hearn Index

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Book SynopsisThis authoritative book provides a holistic overview of terrorist groups and finances, including consideration of the necessity and differing financial needs of different groups.Trade Review’In recent years a great deal has been written about terrorism and how best to inhibit and undermine terrorists’ aspirations. Much of this literature tends to be one dimensional reflecting the experience of the author. Dr Ridley having had a long and diverse career in intelligence and in particular financial analysis has succeeded in going far beyond description of a series of war stories to providing not only a starting account of the range and character of modern terrorism, but also a knowledgeable analysis of the measures adopted around the world to combat the threat. Of critical importance, in the minds of many, has been the adoption of techniques in the main from the “war against drugs” facilitating the identification and disruption of finance. While emphasising the value of financial intelligence Dr Ridley, now as a scholar, dispassionately questions how successful this strategy has been and where it might take us. Such issues need to be aired and resolved if we are not to undermine the very values which we seek to protect.’ -- Barry Rider, University of Cambridge, UK’This is hugely important and highly relevant contribution by a world expert, which adds to our knowledge of terrorist funding. It will make practitioners and academics alike, not to mention politicians who should be seeking their advice, stop and think.’ -- John Grieve, Portsmouth University, UK and former UK National Co-ordinator for Counter Terrorism’Dr. Ridley has authored an excellent, analytical, comprehensive, and solutions-oriented book addressing the complexities of terror financing and the challenges in combating this menace. Dr. Ridley‚Äôs unique insight, arising from substantial academic and professional experiences on combating terror financing, lends substantial credibility to the volume.’ -- Dean C. Alexander, Western Illinois University, USTable of ContentsContents: Foreword 1. Terrorist Financing, Hitherto Neglected 2. Terrorist Groups, Stood Down but Still Financing? 3. International Efforts, International Barriers 4. Early Recognition of Two ‘Obvious’ Modus Operandi 5. Delayed Recognition and Underestimation of Modus Operandi 6. The Derided Modus Operandi 7. ‘They Haven’t Gone Away, You Know’ 8. The Strategic Mind-set 9. Conclusion Bibliography Index

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Book SynopsisTrade Review‘The book delves expertly and critically into a prominent, albeit specialized and sometimes prosaic, mechanism of corporate accountability for human rights abuses. It is well-written and accessible. The coupling of succinct case histories with insightful and critical commentary of all major corporate international criminal law (ICL) trials and related developments means that this volume should be of interest to a range of audiences, from legal and non-legal backgrounds. It is a wonderful resource for educators, scholars and practitioners alike. Whether or not the reader agrees with Kyriakakis’ views, and her optimism, one thing is for sure: we will all be better placed to contemplate the future of corporate accountability under ICL having digested this book.’ -- Business and Human Rights Journal‘Kyriakakis exceedingly achieves the goals that she set for herself early in the book: increasing the reader's exposure to the state of the art and analysing the major debates within the topic. For this reason, it is a fascinating read for students and instructors alike.’ -- Mrinalini Shinde, Humanitäres Völkerrecht‘Industry uplifts, at times, but industry also violates human rights, at other times. How to hold industry responsible for those harms? This clear, cogent, and comprehensive book makes a compelling case for the role of international criminal law in this regard. Creatively wise and never naively imprudent, Joanna Kyriakakis delivers a brilliant contribution to crucial debates on corporate responsibility.’ -- Mark A. Drumbl, Washington and Lee University, US‘This work could not have come at a better time. Corporate liability is increasingly explored in international criminal law as an alternative to criminal responsibility of natural persons. The author is an expert on the topic and this work will be a standard work on corporate criminal liability for many years to come.’ -- Elies van Sliedregt, University of Leeds, UKTable of ContentsContents: Preface 1. Industry and atrocity: the business and human rights context 2. Industry at Nuremberg: justice in the post World War II era 3. Industry at Rome: the International Criminal Court 4. Industry at The Hague and beyond: ad hoc, hybrid and domestic courts 5. Industry and transitional justice: beyond the criminal trial 6. Industry and international criminal justice: evaluating the challenges Index

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Book SynopsisThe emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure.Trade Review‘Professor Carter, Judge Pocar and the individual authors of ICP have made an important contribution to international justice by blending many of the challenges of crafting the right international criminal procedures into a single, useful volume .’ -- Dan Saxon, The Cambridge Law Journal‘International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.’ -- Claus Kreß LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law‘This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.’ -- Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and for RwandaTable of ContentsContents: Preface 1. The Challenge of Shaping Procedures in International Criminal Courts Fausto Pocar and Linda Carter 2. Plea Bargaining Jenia Iontcheva Turner 3. Witness Proofing Hannah Garry 4. Written and Oral Evidence Guido Acquaviva 5. Self-representation and the Use of Assigned, Standby and Amicus Counsel Charles Chernor Jalloh 6. The Role of Victims Sigall Horovitz 7. Right to Appeal Magali Maystre Index

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Book SynopsisTerrorism and Counterterrorism in Canada analyses the nature and scope of the terrorist threat, the challenge of Canadian foreign fighters and far-right extremism, key counterterrorism policies and practices, and their consequences for Canadian society.Trade Review"This collection is certainly educational and enlightening on several fronts pertaining to the Canadian context of terrorism and counterterrorism." -- Paul F. McKenna, Dalhousie University * Canadian Law Library Review *Table of ContentsList of Figures and Tables Acknowledgements 1. Introduction Jez Littlewood, Lorne L. Dawson, and Sara K. Thompson Terrorism 2. A Survey of Terrorism in Canada: 1960–2015 Nicole Tishler, Marie Ouellet, and Joshua Kilberg 3. Canadian Foreign Fighters in Syria and Iraq, 2012–2016 Lorne L. Dawson and Amarnath Amarasingam 4. Breaking Free: A Socio-Historical Analysis of the Canadian Freemen-on-the-Land Movement David C. Hofmann 5. Jihadism in the Digital Era: The Canadian Context and Responses Maxime Bérubé and Benjamin Ducol Security and Counterterrorism 6. Counterterrorism Security Planning in Canada: From Imperialism to International Terrorism Dominique Clément 7. Deterrence or Blowback? The Consequences of Canadian Counterterrorism in Afghanistan Erica Chenoweth and Laura Dugan 8. Social Structure of Extremist Websites Martin Bouchard, Garth Davies, Richard Frank, Edith Wu, and Kila Joffres 9. Terrorist Resourcing: Money and Much, Much More John M. Schmidt Society, Terrorism, and Counterterrorism 10. Intelligence Accountability in Canada Susan Decker 11. Who’s a Terrorist? What’s Terrorism? Comparative Media Representations of Lone-Actor Violence in Canada Barbara Perry and Ryan Scrivens 12. National Security: Exclusion and Isolation among Muslims in Canada Patti Tamara Lenard and Baljit Nagra 13. When “Soft Security” is Smart: On the Importance of Building Strong Community-Police Relationships in the Context of National Security Sara K. Thompson and Sandra Bucerius 14. Conclusion Jez Littlewood, Lorne L. Dawson, and Sara K. Thompson Contributors Index

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Book SynopsisHigh-profile legal cases involving individuals with mental health challenges often address complex issues that confront previous decisions of the courts, influence or change existing social policies, and ultimately have a profound impact on the daily practice of mental health professionals and the lives of their patients. Providing in-depth context into milestone cases in forensic mental health, this book addresses issues such as the confidentiality of mental health records, criminal responsibility, fitness to stand trial, the right of individuals to refuse mental health treatment, and the duty of mental health practitioners to warn and protect individuals who may be at risk of harm at the hands of a patient. The authors explore the social and political context in which these cases occurred, incorporating court decisions, contemporaneous media articles, and legal reviews in the analysis. Graham Glancy and Cheryl Regehr, who are experts in the field of forensic psychiatry, draTable of ContentsList of Figures and Tables Acknowledgments 1. Landmark Cases and Canadian Law 2. Expert Testimony 3. The Insanity Defence 4. Criminal Responsibility 5. Clarifying Wrongfulness 6. Voluntariness and Intent 7. Fitness to Stand Trial 8. Access to Treatment Records 9. Duty to Warn and Protect 10. Consent to Treatment 11. Assessing Damages References Case Index General Index

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Book SynopsisTerrorism and Counterterrorism in Canada analyses the nature and scope of the terrorist threat, the challenge of Canadian foreign fighters and far-right extremism, key counterterrorism policies and practices, and their consequences for Canadian society.Trade Review"This collection is certainly educational and enlightening on several fronts pertaining to the Canadian context of terrorism and counterterrorism." -- Paul F. McKenna, Dalhousie University * Canadian Law Library Review *Table of ContentsList of Figures and Tables Acknowledgements 1. Introduction Jez Littlewood, Lorne L. Dawson, and Sara K. Thompson Terrorism 2. A Survey of Terrorism in Canada: 1960–2015 Nicole Tishler, Marie Ouellet, and Joshua Kilberg 3. Canadian Foreign Fighters in Syria and Iraq, 2012–2016 Lorne L. Dawson and Amarnath Amarasingam 4. Breaking Free: A Socio-Historical Analysis of the Canadian Freemen-on-the-Land Movement David C. Hofmann 5. Jihadism in the Digital Era: The Canadian Context and Responses Maxime Bérubé and Benjamin Ducol Security and Counterterrorism 6. Counterterrorism Security Planning in Canada: From Imperialism to International Terrorism Dominique Clément 7. Deterrence or Blowback? The Consequences of Canadian Counterterrorism in Afghanistan Erica Chenoweth and Laura Dugan 8. Social Structure of Extremist Websites Martin Bouchard, Garth Davies, Richard Frank, Edith Wu, and Kila Joffres 9. Terrorist Resourcing: Money and Much, Much More John M. Schmidt Society, Terrorism, and Counterterrorism 10. Intelligence Accountability in Canada Susan Decker 11. Who’s a Terrorist? What’s Terrorism? Comparative Media Representations of Lone-Actor Violence in Canada Barbara Perry and Ryan Scrivens 12. National Security: Exclusion and Isolation among Muslims in Canada Patti Tamara Lenard and Baljit Nagra 13. When “Soft Security” is Smart: On the Importance of Building Strong Community-Police Relationships in the Context of National Security Sara K. Thompson and Sandra Bucerius 14. Conclusion Jez Littlewood, Lorne L. Dawson, and Sara K. Thompson Contributors Index

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