Public international law: criminal law Books

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, drawTable 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 SynopsisThis collection of case studies illustrates how the science of clinical forensic psychology informs all aspects of criminal cases and the criminal justice process in Canada.Table of ContentsIntroduction: A Brief History of Clinical Forensic Psychology in Canada (with Preet Banga) 1. What’s Wrong with Mr. Big? False Confessions The Case of Nelson Hart (with Christopher J. Lively and Ethan Draper) 2. "What Life?" Eyewitness Testimony The Case of Anthony Hanemaayer (with Elle Lévesque, Juliana Khoury, and Christopher J. Lively) 3. Trial by Media: Pretrial Publicity The Case of Dennis Oland (with Ethan Draper, Elle Lévesque, and Christopher J. Lively) 4. Fault Lines in the "Rock of Ages": Trial by Jury The Cases of Donald Marshall, Cindy Gladue, and Colten Boushie (with Ethan Draper) 5. Privilege or Punishment? Jury Service, Secrecy, and Stress The Case of Tori Stafford (with Ryanne Chisholm) 6. Médecin sans conscience? Filicide by Father The Case of Guy Turcotte, MD (with Tamara Speth and Marie-Claire Leclerc) 7. Partners or Pawns: The Role of Women in Co-offending Violent Couples The Case of Karla Homolka (with Angelina MacLellan and Claire Keenan) 8. Mad, Bad, and/or Sad? Homicide in Custody The Case of Ashley Smith (with Jessica Doyle and C. K MacLean) 9. Great White Sharks and Black Widow Spiders: Two Unlikely Serial Killers The Cases of Russell Williams and Melissa Shephard (with Jessica Doyle and C.K MacLean) 10. April Is the Cruelest Month: Spree Killing in the Midst of a Pandemic The Case of Gabriel Wortman (with Jessica Doyle and Laura Mackay) Index

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Book SynopsisClinical forensic psychology is defined by the application of clinical psychology – assessment, diagnosis, treatment, and consultation – in legal contexts. The term captures the integration of clinical psychology as an applied professional discipline and forensic psychology as an experimental discipline.Cases in Clinical Forensic Psychology offers a series of case studies that allow readers to take an up-close and personal look at the criminal justice system in Canada. Clinical forensic psychologist Margo C.Watt examines the particulars of each case, including the biological, psychological, social, cultural, and legal factors. The book takes an evidence-based approach and highlights how the science of clinical forensic psychology informs all aspects of criminal cases: police investigative techniques, eyewitness testimony, pretrial publicity, jury selection and decision-making, forensic evaluations, psychological autopsies, mental health in corrections, Table of ContentsIntroduction: A Brief History of Clinical Forensic Psychology in Canada (with Preet Banga) 1. What’s Wrong with Mr. Big? False Confessions The Case of Nelson Hart (with Christopher J. Lively and Ethan Draper) 2. "What Life?" Eyewitness Testimony The Case of Anthony Hanemaayer (with Elle Lévesque, Juliana Khoury, and Christopher J. Lively) 3. Trial by Media: Pretrial Publicity The Case of Dennis Oland (with Ethan Draper, Elle Lévesque, and Christopher J. Lively) 4. Fault Lines in the "Rock of Ages": Trial by Jury The Cases of Donald Marshall, Cindy Gladue, and Colten Boushie (with Ethan Draper) 5. Privilege or Punishment? Jury Service, Secrecy, and Stress The Case of Tori Stafford (with Ryanne Chisholm) 6. Médecin sans conscience? Filicide by Father The Case of Guy Turcotte, MD (with Tamara Speth and Marie-Claire Leclerc) 7. Partners or Pawns: The Role of Women in Co-offending Violent Couples The Case of Karla Homolka (with Angelina MacLellan and Claire Keenan) 8. Mad, Bad, and/or Sad? Homicide in Custody The Case of Ashley Smith (with Jessica Doyle and C. K MacLean) 9. Great White Sharks and Black Widow Spiders: Two Unlikely Serial Killers The Cases of Russell Williams and Melissa Shephard (with Jessica Doyle and C.K MacLean) 10. April Is the Cruelest Month: Spree Killing in the Midst of a Pandemic The Case of Gabriel Wortman (with Jessica Doyle and Laura Mackay) Index

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

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Book SynopsisOver the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karadžić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?Trade Review"If you are able to read only one book on international criminal justice let it be Crime and Global Justice. Brilliantly presented, lucidly reasoned, and remarkably balanced, it is certain to be an enduring scholarly contribution."Richard A. Falk, Princeton University "Crime and Global Justice is a really good book. It combines an incredibly useful and readable introduction to the subject, a powerful critique of how it has worked in practice, and a message of hope for the future. A fundamental text for anyone who cares about the prospects for an international rule of law." Mary Kaldor, London School of Economics and Political Science “Both well-written and thorough…A timely reminder that the current international justice regime has not offered a silver bullet for complex political problems.” LSE Review of Books Table of Contents Contents List of tables List of figures List of abbreviations and acronyms Preface and acknowledgements Part I – The Evolution and Purpose of International Criminal Justice 1.Towards a global system of criminal justice? 2.Objectives and reality of international criminal justice 3.Cosmopolitan principles of international criminal justice Part II – International Criminal Justice in Action 4.Universal jurisdiction. The proceedings against Augusto Pinochet 5.Special international tribunals. Slobodan Milo evi and Radovan Karad i in The Hague 6.Winners’ justice. The trial of Saddam Hussein 7.The International Criminal Court in search of a defendant: Omar al-Bashir Part III – The Future for Global Criminal Justice 8.An assessment of global criminal justice 9.What future for international tribunals? 10.Justice from below: What can be done? Epilogue Appendix – Films and Novels on International Criminal Justice References Subject Index

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Book SynopsisOver the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karadžić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?Trade Review"If you are able to read only one book on international criminal justice let it be Crime and Global Justice. Brilliantly presented, lucidly reasoned, and remarkably balanced, it is certain to be an enduring scholarly contribution."Richard A. Falk, Princeton University Crime and Global Justice is a really good book. It combines an incredibly useful and readable introduction to the subject, a powerful critique of how it has worked in practice, and a message of hope for the future. A fundamental text for anyone who cares about the prospects for an international rule of law." Mary Kaldor, London School of Economics and Political Science “Both well-written and thorough…A timely reminder that the current international justice regime has not offered a silver bullet for complex political problems.”LSE Review of BooksTable of Contents Contents List of tables List of figures List of abbreviations and acronyms Preface and acknowledgements Part I – The Evolution and Purpose of International Criminal Justice 1.Towards a global system of criminal justice? 2.Objectives and reality of international criminal justice 3.Cosmopolitan principles of international criminal justice Part II – International Criminal Justice in Action 4.Universal jurisdiction. The proceedings against Augusto Pinochet 5.Special international tribunals. Slobodan Milo evi and Radovan Karad i in The Hague 6.Winners’ justice. The trial of Saddam Hussein 7.The International Criminal Court in search of a defendant: Omar al-Bashir Part III – The Future for Global Criminal Justice 8.An assessment of global criminal justice 9.What future for international tribunals? 10.Justice from below: What can be done? Epilogue Appendix – Films and Novels on International Criminal Justice References Subject Index

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Book SynopsisInternational Law and Transnational Organized Crime brings to the notice of the readers the various kinds of organized crimes that occur and take place across the nations and the international laws that are framed for these crimes. It provides the readers with complete understanding of the transnational crimes and the international laws that have been framed for their control. This book also discusses about the formation of international law, the meaning of internationally organized crime, the impact of such crimes on the states and societies, the role of terrorism in such crimes, various kinds of crimes such as corruption, anti-money laundering and so on and the international perspective on such crimes.

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Book SynopsisSince the establishment of the Permanent Court of Arbitration for international dispute resolution in 1899, the number of international courts and tribunals has multiplied and the reach of their jurisdiction has steadily expanded. By providing a synthetic overview and critical analysis of these developments from multiple perspectives, this Research Handbook both contextualizes and stimulates future research and practice in this rapidly developing field. Made up of specially commissioned chapters by leading and emerging scholars, the book takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the main issues, debates and controversies related to the growth of international courts and tribunals. Its review of influential international judgements traverses the areas of international peace and security law, international human rights law, international criminal law, and international economic law, while also including critical reflection by practitioners. This nuanced review of the latest thinking on scholarly debates and controversies in international courts and tribunals will be both a key resource for academic researchers and a concise introduction to the subject for post-graduate students. Its chapters also contain topics of practical relevance to lawyers and international decision-makers.Contributors include: A.M. Barreto, J. Chylinski, T. Dannenbaum, W. Elmaalul, M. Farrell, K. Gibson, J. Jones QC, M.G. Karnavas, M.M. Mbengue, Y. Mcdermott Rees, L. Obregón, K. Oellers-Frahm, R.F. Oppong, G. Pecorella, M. Pinto, J. Powderly, Y. Ronen, L.E. Salles, W.A. Schabas, D. Shelton, N. Strapatsas, M. Taylor, M. VarakiTrade Review‘This book serves newcomers to the field of international courts and tribunals well in the sense that it covers a wide variety of (traditional) topics from fresh angles that are necessary for a today’s broad-minded student to consider.’ -- Tuomas Tiittala, Finnish Yearbook of International Law‘The edited volume International Courts and Tribunals by William Schabas and Shannonbrooke Murphy offers a timely and well-researched overview of the growing jurisdiction of legal institutions in international relations. . . Overall, Schabas and Murphy’s volume constitutes a promising first step into socio-legal scholarship that will provide a deeper understanding of the dynamic between international legal institution, jurisprudence and normative dissemination of knowledge. Their exemplary collaborative effort is an inspirational resource not only for legal scholars, but for students in a variety of disciplines, including political science, sociology and anthropology. Academics as well as practitioners will find this valuable, educational handbook a great source of original, innovative perspectives, which will help shape and reframe scholarly debates in the field.' -- European Review of International StudiesTable of ContentsContents: Introduction by William A Schabas PART I THE JUDGMENTS AND THE JUDGES 1. The Peace and Security Judgments: The Role of the International Court of Justice in the Regulation of the Use of Force Mónica Pinto 2. The Human Rights Judgments: The Jurisprudence of Regional Human Rights Tribunals – Lex Specialis or Lex Regionis? Dinah Shelton 3. The International Criminal Judgments: From Nuremberg to Tadić to Taylor Nicolaos Strapatsas 4. The Economic Judgments and Arbitral Awards: The Contribution of International Courts and Tribunals to the Development of International Economic Law Makane Moïses Mbengue 5. The Women Judges: Leading the Line in the Development of International Law Joseph Powderly and Jacob Chylinski 6. The Third World Judges: Neutrality, Bias or Activism at the Permanent Court of International Justice and International Court of Justice? Liliana Obregón 7. The Giants of the International Judiciary: Towards a Humanization of the Law of Nations Giulia Pecorella PART II THE CONTROVERSIES AND THE CHALLENGES 8. Legitimacy Yvonne Mcdermott Rees and Wedad Elmaalul 9. Jurisdiction Luiz Eduardo Salles 10. Enforcement Richard Frimpong Oppong and Angela M. Barreto 11. Proliferation Karin Oellers-Frahm 12. Distribution Michelle Farrell 13. Regulation of the International Bench Tom Dannenbaum 14. Regulation of the International Bar: The Particular Challenges for Defence Counsel at the International Criminal Courts and Tribunals Kate Gibson, John RWD Jones QC, Michael G. Karnavas and Melinda Taylor 15. Infrastructure Maria Varaki 16. Functions and Access Yaël Ronen Index

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Book SynopsisInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.'- Mark A. Drumbl, Washington and Lee University, School of Law, USInternational criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives.While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study.This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.Contributors include: G. Boas, I. Bonomy, R. Cryer, H. Durham, S. Garkawe, M. Ierace, P. Morrissey, J. Potter, B. Saul, M. Scharf, G. Simpson, G. SkillenTrade ReviewThe editors and contributors provide important perspectives on international criminal justice, its origins, its current effectiveness and shortcomings, and a glimpse of future challenges. The topic - and the reader - benefit from the book's multidisciplinary approach. --Chris Jenks, American Society of International LawTable of ContentsContents: Preface 1. What is International Criminal Justice? Gideon Boas 2. Order in the Courtroom: The Unique Challenge of Maintaining Control of a War Crimes Trial Michael P. Scharf 3. Making War Crimes Trials Work – Balancing Fairness and Expedition Iain Bonomy 4. Applied Rights in International Criminal Law: Defence Counsel and the Right to Disclosure Peter Morrissey 5. Complexities in Prosecuting International Crimes: The ICC Libyan Warrants Mark Ierace 6. International Criminal Justice and the Past Gerry Simpson 7. International Criminal Justice in Historical Context: The Post-Second World War Trials and Modern International Criminal Justice Robert Cryer 8. Terrorism and International Criminal Law: Questions of (in)Coherence and (il)legitimacy Ben Saul 9. The International Criminal Court and the Complexities of International Criminal Justice James Potter 10. Women and International Criminal Law: Steps Forward or Dancing Backwards Helen Durham 11. Have Recent Changes Designed to Benefit Victims of International Crimes Added to the Legitimacy of International Criminal Justice? Sam Garkawe 12. International Criminal Justice and Military Perspectives Geoffrey Skillen Index

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Book SynopsisSoutheast Asian waters are critical for international trade and the global economy. Combating maritime crimes has always been a priority as well as a challenge for ASEAN member states. While much emphasis has been placed on enhancing operational cooperation against maritime crimes, the need for an effective legal framework to combat such maritime crimes has not been sufficiently examined. This book demonstrates that ASEAN member states can establish a legal framework to combat maritime crimes by ratifying and effectively implementing relevant global and regional conventions. It also explores the issues that ASEAN member states, and ASEAN as an organization, face in establishing such a framework and suggests suitable steps that can be taken to address such issues. This informative and detailed study will inform research and policy, and will appeal to government, treaty and policy officials, academics, researchers and students, as well as international and regional organizations concerned with piracy and other related maritime crimes, ocean affairs and the law of the sea. Contributors: R.C. Beckman, W.L. Cheah, M.F.A. Ibanez, M. Jacobsson, N. Passas, J.A. Roach, C. Termsak, A. Twyman-Ghoshal, K. von HoesslinTrade ReviewThis book makes an important contribution to the legal literature not only for the ASEAN region but also for the world at large. Both editors, Robert Beckman and J. Ashley Roach, are highly knowledgeable and experienced in the international law pertaining to piracy and international crimes. The chapters they write combined with perspectives by authors from Greece, Sweden, Singapore, Philippines and elsewhere provide a broad but detailed review of the current law and policy as well as remaining challenges.- Myron H. Nordquist, University of Virginia School of Law, US This book is an outstanding analysis of piracy and maritime crimes in the ASEAN region edited by two world-class law of the sea experts. It is must reading for anyone seriously interested in ending the scourge of piracy. - John Norton Moore, University of Virginia and former United States Law of the Sea Ambassador I can confidently say that this is the best book on the legal dimension of the problem of piracy in general, and of piracy in Southeast Asia and off the coast of Somalia in particular, and what we can do about it. Robert Beckman and Ashley Roach are two of the finest minds working in international law today. They have brought their knowledge and sharp analytical skills to edit a book of great relevance to the world's shipping industry, IMO, ASEAN and international lawyers and law enforcement agencies. --- Tommy Koh, UNCLOSTable of ContentsContents: Preface Robert C. Beckman and J. Ashley Roach Introduction Robert C. Beckman and J. Ashley Roach PART I: GLOBAL PERSPECTIVES ON INTERNATIONAL MARITIME CRIMES 1. The Piracy Regime under UNCLOS: Problems and Prospects for Cooperation Robert C. Beckman 2. Global Conventions on Piracy, Ship Hijacking, Hostage Taking and Maritime Terrorism J. Ashley Roach 3. Controlling Piracy in Southeast Asia – Thinking Outside the Box Nikos Passas and Anamika Twyman-Ghoshal 4. International Legal Cooperation to Combat Piracy in the Horn of Africa Marie Jacobsson PART II: REGIONAL AND NATIONAL PERSPECTIVES ON INTERNATIONAL MARITIME CRIMES 5. Piracy and Armed Robbery Against Ships in the ASEAN Region: Incidents and Trends Karsten von Hoesslin 6. ASEAN Measures in Combating Piracy and Other Maritime Crimes Termsak Chalermpalanupap and Mayla Ibañez 7. Ratification and Implementation of Global Conventions on Piracy and Maritime Crimes Robert C. Beckman and J. Ashley Roach 8. Maritime Crimes and the Problem of Cross-border Enforcement: Making the Most of Existing Multilateral Instruments Cheah Wui Ling 9. The Way Forward: Enhancing Legal Cooperation between ASEAN Member States Robert C. Beckman and J. Ashley Roach Appendix: Status of Conventions in ASEAN + 6 Countries Index

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Book SynopsisInternational 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 for Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and for RwandaThe 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. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The topics include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal.International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.Contributors include: G. Acquaviva, L. Carter, H. Garry, S. Horovitz, C.C. Jalloh, M. Maystre, F. Pocar, J.I. TurnerTrade 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 SynopsisBeginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.With an original introduction by Professor Schabas, this important volume will be of interest to students, academics and professionals with an interest in international courts and tribunals.31 articles, dating from 1935 to 2012Contributors include: C. Brown, D. Caron, A. Cassese, E. Decaux, L. Helfer, N. Klein, M. Lachs, M. Nowak, Y. Shany, F. ViljoenTable of ContentsContents: Acknowledgements Introduction William A. Schabas PART I PIONEERS OF INTERNATIONAL JUSTICE 1. Åke Hammarskjöld (1935), ‘The Permanent Court of International Justice and the Development of International Law’ 2. Georg Schwarzenberger (1947), ‘The Judgment of Nuremberg’ 3. Manfred Lachs (1983), ‘Some Reflections on the Contribution of the International Court of Justice to the Development of International Law’ 4. Tjaco T. Van Den Hout (2008), ‘Resolution of International Disputes: The Role of the Permanent Court of Arbitration – Reflections on the Centenary of the 1907 Convention for the Pacific Settlement of International Disputes’ PART II THEORETICAL MATTERS 5. Laurence R. Helfer and Anne-Marie Slaughter (2005), ‘Why States Create International Tribunals: A Response to Professors Posner and Yoo’ 6. Gilbert Guillaume (1995), ‘The Future of International Judicial Institutions’ 7. Yuval Shany (2009), ‘No Longer a Weak Department of Power? Reflections on the Emergence of a New International Judiciary’ 8. Cesare P.R. Romano (2007), ‘The Shift from the Consensual to the Compulsory Paradigm in International Adjudication: Elements for a Theory of Consent’ PART III FRAGMENTATION? 9. Gerhard Hafner (2004), ‘Pros and Cons Ensuing from Fragmentation of International Law’ 10. Pierre-Marie Dupuy (1999), ‘The Danger of Fragmentation or Unification of the International Legal System and the International Court of Justice’ 11. Ruti Teitel and Robert Howse (2009), ‘Cross-Judging: Tribunalization in a Fragmented but Interconnected Global Order’ 12. Emmanuel Decaux (2011), ‘The Place of Human Rights Courts and International Criminal Courts in the International System’ 13. Chester Brown (2002), ‘The Proliferation of International Courts and Tribunals: Finding Your Way Through the Maze’ 14. Sonia Morano-Foadi and Stelios Andreadakis (2011), ‘The Convergence of the European Legal System in the Treatment of Third Country Nationals in Europe: The ECJ and ECtHR Jurisprudence’ PART IV RELATIONSHIPS 15. Dinah Shelton (2009), ‘Form, Function, and the Powers of International Courts’ 16. Antonio Cassese (2007), ‘The Nicaragua and Tadić Tests Revisited in Light of the ICJ Judgment on Genocide in Bosnia’ 17. J.G. Merrills (2007), ‘The Mosaic of International Dispute Settlement Procedures: Complementary or Contradictory?’ 18. Rosalyn Higgins (2003), ‘The ICJ, the ECJ, and the Integrity of International Law’ PART V CONTEMPORARY INSTITUTIONS 19. David D. Caron (1990), ‘The Nature of the Iran-United States Claims Tribunal and the Evolving Structure of International Dispute Resolution’ 20. Nadia Bernaz (2012), ‘Delivering Justice in the Caribbean: A Human Rights Assessment of the Caribbean Court of Justice’ 21. Natalie Klein (2004), ‘State Responsibility for International Humanitarian Law Violations and the Work of the Eritrea Ethiopia Claims Commission So Far’ 22. Robin C.A. White and Iris Boussiakou (2009), ‘Voices from the European Court of Human Rights’ 23. Rüdiger Wolfrum (2008), ‘The Settlement of Disputes before the International Tribunal for the Law of the Sea: A Progressive Development of International Law or Relying on Traditional Mechanisms?’ 24. William J. Davey (2005), ‘The WTO Dispute Settlement System: The First Ten Years’ 25. Thomas E. Carbonneau (2003), ‘Arbitral Law-Making’ PART VI THE FUTURE 26. Laurence Boisson de Chazournes and Edouard Fromageau (2012), ‘Balancing the Scales: The World Bank Sanctions Process and Access to Remedies’ 27. William A. Schabas (2011), ‘The International Criminal Court at Ten’ 28. Frans Viljoen (2004), ‘A Human Rights Court for Africa, and Africans’ 29. Gina Bekker (2007), ‘The African Court on Human and Peoples' Rights: Safeguarding the Interests of African States’ 30. Manfred Nowak (2007), ‘The Need for a World Court of Human Rights’ 31. Antonio Cassese (2012), ‘The International Court of Justice: It is High Time to Restyle the Respected Old Lady’

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Book Synopsis'The rhetoric of transformation in transitional justice seems to be everywhere. Padraig McAuliffe takes this agenda down to its roots and exposes unproven or wishful assumptions that fail to connect with conditions in actual post-conflict settings. This bracing and powerful book, massively researched and tightly argued, throws down a gauntlet and defines an agenda for future research. McAuliffe's book is a singular and outstanding intervention in the transitional justice field.'- Margaret Urban Walker, Marquette University Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice's prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states. Systematic and timely, this book examines how the evolution of contemporary civil war, the modalities of peacemaking and peacebuilding, as well as the role of grassroots forms of justice, condition prospects for tackling the economic roots of conflict. It argues that discourse in the area focuses too much on the liberal commitments of interveners to the exclusion of understanding how interventionist impulses are compromised by the agency of local actors. Ultimately, the book illustrates that for transitional justice to become effective in transforming structures of injustice, it needs to acknowledge the salience of domestic political incentives and accumulation patterns. Transitional justice scholars will find this book indispensable as the first consideration of transitional justice and economic transformation from the perspective of the domestic political economy. Both peacebuilding and development specialists will also benefit from its wealth of lessons to be learned.Trade Review'This is one of the most important and original contributions to recent transitional justice literature. In this outstanding work of non-ideal theory, McAuliffe argues that wishful thinking and good intentions are not enough to bring about lasting economic improvements in post war states. What is required is a clear-eyed examination of how transitional justice precepts about economic justice work in particular post war contexts; how they can be realized given the real world institutional weakness, lingering old-guard influence, lack of political tradition and corruption typical of fledgling states. Beautifully written and argued, this is a must read for both scholars and practitioners of transitional justice.' --(Nir Eisikovits, Suffolk University)'''Economic transformation'' has become the order of the day in contemporary transitional justice discourse. The question of how deep-seated economic injustice can be effectively addressed in real-world post-conflict scenarios is rarely considered, however. McAuliffe's inspiring book tackles this much-neglected issue head-on. It is one of those rare books that ''advance the conversation'', a must-read for everyone wishing to go beyond oversimplified formulas and to critically think about the real place of economic justice in post-conflict states.' --(Frank Haldemann, Geneva Academy of International Humanitarian Law and Human Rights, Switzerland)'Padraig McAuliffe's book has both the ambition to go beyond traditional debates surrounding transitional justice and propose an innovative understanding of transformative justice and the humility to understand the limits of holistic solutions that often do not cater for the specific features of particular situations. It guides the reader away from certain intellectual dead ends, and opens new avenues for fruitful discussion on how to deal with post conflict situations in a way that addresses not only the immediate reasons for conflict but also the underlying structural causes. Padraig McAuliffe takes us on this path with a clear, pedagogic and well written book which will be essential reading for all those trying to understand what is at stake when trying to achieve lasting peace in post-conflict countries.' --(Dov Jacobs, Leiden University, the Netherlands)Table of ContentsContents: Preface 1. Introduction: Acknowledging the Complexities of Post-Conflict Socio-Economic Justice 2. Transitional Justice’s Transformative Turn: How We Got Here, What We Know and What We Don’t 3. Transitional Opportunity? How Peace Negotiations and Power-sharing Impede Root Cause Approaches 4. Transitional Justice, Liberal Peacebuilding and the Endogenous Determinants of Transformation 5. ‘Trickle-up Justice?’: The Impact of Bottom-Up Justice Beyond the Local 6. Conclusion: Lesson’s Learned, Lessons Spurned Index

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Book SynopsisDrawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal System critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development.This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, penology, prisoners' rights and transitional and restorative justice. Its recommendations for development will also interest international and national officials working in criminal law and justice.Contributors: D. Abels, K. Ambos, O. Bekou, S. D Ascoli, T.A. Doherty, M.A. Drumbl, S.A. Fisher, B. Holá, A. Jones, N. Kiefer, C. McCarthy, L. McGregor, R. Mulgrew, J.C. Nemitz, M.M. Penrose, G. Sluiter, S. Snacken, A. Trotter, H. van der Wilt, J. van Wijk, D. van Zyl Smit, R. YoungTrade Review'A huge gap in the literature is filled with this authoritative volume. The issues at the delivery point of the international justice system, when convicted criminals are punished, receive comprehensive treatment by the world's experts in this field. This work is an indispensable addition to any international criminal law library.' --William A. Schabas, Middlesex University, UK and Leiden University, the NetherlandsTable of ContentsContents: Preface PART I INTERNATIONAL REMAND DETENTION 1. The Legal Position of International Detainees: Applicable Law and Standards Jan Christoph Nemitz 2. Provisional Release from International Remand Detention Andrew Trotter PART II INTERNATIONAL PENALTIES 3. Ius Puniendi and Individual Criminal Responsibility in International Criminal Law Kai Ambos 4. Determinate and Indeterminate Sentences of Imprisonment in International Criminal Justice Dirk Van Zyl Smit 5. Fines and Forfeiture in International Criminal Justice Rebecca Young PART III INTERNATIONAL SENTENCING 6. International Sentencing: Law and Practice Silvia D’Ascoli 7. Judicial Cross-Referencing in the Sentencing Practice of International(ized) Criminal Courts and Tribunals Annika Jones PART IV INTERNATIONAL TRANSFERS 8. The Transfer of the Execution of Sentences of the International Criminal Court in Light of Inter-State Practice Harmen Van Der Wilt 9. Rule 11bis: Exploring the Penal Aspects of Transferring Cases to National Courts by the Ad Hoc Tribunals Olympia Bekou PART V INTERNATIONAL IMPRISONMENT 10. State Cooperation in the Enforcement of Sentences Göran Sluiter 11. Limiting the Objectives of the Enforcement of International Punishment Denis Abels 12. Rehabilitating International Prisoners Barbora Holá and Joris Van Wijk PART VI INTERNATIONAL STANDARDS, OVERSIGHT AND SUPERVISION 13. International Penal Law: Aligned with or Autonomous from International Human Rights Law? Lorna Mcgregor 14. Oversight of International Imprisonment: The Committee for the Prevention of Torture Sonja Snacken and Nik Kiefer 15. Enforcement of Sentences and Oversight of Prisoners Convicted by the Special Court for Sierra Leone Teresa Anne Doherty and Shireen Avis Fisher PART VII ALTERNATIVES TO CUSTODIAL PUNISHMENT 16. International Punishment from ‘Other’ Perspectives Mark A. Drumbl 17. The International Criminal Court’s Regime of Victim Redress: Non-Punitive Responses to Crimes Under the Rome Statute Conor Mccarthy PART VIII DEVELOPING THE INTERNATIONAL PENAL SYSTEM 18. Creating an International Prison Margaret M. Penrose 19. The Costs of Suspicion: A Critical Analysis of the Compensation Scheme Established By Article 85(3) of the Rome Statute Róisín Mulgrew Conclusion Index

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Book SynopsisPeace and Justice at the International Criminal Court focuses on the evolution and the present-day work of the International Criminal Court, a historic global institution. Errol P. Mendes provides a compelling argument that there can never be a sustainable peace in conflicts unless the cause of justice is also addressed. The author dives deep into the facts and rulings of the Court that involved some of the most serious international conflicts in recent times. The author also discusses the challenges facing the Court from failed prosecutions to failures of the UN Security Council and other member states. What results is a detailed but honest critique of where the Court succeeds and where it needs to improve. Mendes goes on to provide a prediction of the greatest challenges facing the Court in the foreseeable future. This book is a valuable resource for academics and students in international criminal law and practice, public international relations, political science, military and war studies.Table of ContentsContents 1. The Court as an Offspring of Centuries of Peace with Justice 2. The First Decades in the Fight Against Impunity by the Court and Unfounded Allegations of Bias Against Africa 3. Justice Did Not Duel Peace in the Alleged First Genocide of the 21st Century 4. Is it Peace, Justice, or a Final Military Solution in the Tragedy of Northern Uganda? 5. The ICC as a Catalyst for Sustainable Peace and New National Judicial Institutes 6. The Greatest Global Challenges Facing the Court: From Africa, Gaza, and Afghanistan to Dealing with the Hypocrisy of the UN Security Council Index

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Book SynopsisThe Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice.Surveying and analyzing the contributions from different disciplinary angles, the Companion is comprised of four comprehensive parts. It begins with a detailed account of the establishment of the ICTR, covering the setting up of the tribunal, its mandate, structure and personnel. The second part explores substantive law and examines issues such as genocide, crimes against humanity, war crimes, sexual violence and modes of liability. The third part discusses procedural law and explores investigation, arrest, trial/appeal, evidence, rights of the accused, rights of victims and sentencing. It concludes with the fourth part, which considers the contribution of the ICTR to international criminal justice, as well as to the lives of Rwandans.An important contribution to the jurisprudence of international criminal courts, the Companion will appeal to academics, students and legal practitioners alike. It will be fascinating reading for anyone interested in international criminal law or the recent history of Rwanda.Contributors include: P. Akhavan, K. Ambos, S. Bock, C. Buisman, N.A. Combs, A.-M. de Brouwer, M.A. Drumbl, H. Hintjens, B. Holá, H.B. Jallow, U. Kaitesi, G.W. Mugwanya, R. Muzigo-Morrison, F.M. Ndahinda, F.-X. Nsanzuwera, A. Odora-Obote, V. Oosterveld, C. Paulussen, N Pillay, A. SmeulersTable of ContentsContents: Foreword by Navanethem Pillay Introduction Anne-Marie de Brouwer and Alette Smeulers PART I ESTABLISHMENT AND KEY FACTS AND FIGURES 1. The Creation of the ICTR Helen Hintjens 2. Rwanda and the ICTR: Facts and Figures Barbora Holá and Alette Smeulers PART II SUBSTANTIVE LAW 3. Genocide Payam Akhavan 4. Crimes Against Humanity Valerie Oosterveld 5. War Crimes Felix Mukwiza Ndahinda 6. Sexual Violence Anne-Marie de Brouwer and Usta Kaitesi 7. Individual Criminal Responsibility Kai Ambos and Stefanie Bock PART III PROCEDURAL LAW 8. Investigations and Case Selection Alex Odora-Obote 9. Arrest and Transfer Christophe Paulussen 10. Trial and Appeal Processes George William Mugwanya 11. The Evidentiary System Nancy Amoury Combs 12. The Rights of the Defence Caroline Buisman 13. The Rights of the Victims Rosette Muzigo-Morrison 14. Sentencing and Penalties Mark A. Drumbl PART IV ACHIEVEMENTS AND LESSONS LEARNED 15. The ICTR’s Elaboration of the Core International Crimes of Genocide, Crimes against Humanity and War Crimes and Modes of Liability Justice Hassan Bubacar Jallow 16. Contribution of the ICTR for Rwandans Francois-Xavier Nsanzuwera Index

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Book SynopsisThis Companion is a one-stop reference resource on the Phnom Penh based ?Khmer Rouge tribunal'. It serves as an introduction to the Extraordinary Chambers in the Courts of Cambodia, while also exploring some of the Court?s practical and jurisprudential challenges and outcomes. Established by an agreement between the United Nations and the Government of Cambodia, the court has been operational since 2006, and seeks a mandate to try those most responsible for serious crimes committed during the Khmer Rouge period from 1975 to 1979. Written by Nina Jørgensen, who has worked as senior adviser in the tribunal?s Pre-Trial and Supreme Court Chambers, the Companion offers both direct insights and academic analysis organized around a series of themes including legality, structure, proceedings, jurisprudence, legitimacy and legacy. This original book will prove a valuable and stimulating read for lawyers, judges and UN staff working within, establishing, or monitoring international courts and tribunals as well as local and international NGOs in Cambodia concerned with the ECCC. Academics focusing on international criminal justice will also find this useful to assess the value of the Extraordinary Chambers, both during the tribunal?s lifespan and after it has closed its doors.Trade Review'This is an important book, about a court which faced immense challenges and a bad press, but has nonetheless contributed both to criminal jurisprudence and to rebuilding confidence in the rule of law in Cambodia. It is astute and authoritative - Jorgensen's analysis comes with the knowledge of an insider and the objectivity of a brilliant jurist. The book is essential reading for architects of tribunals to deal with atrocities elsewhere in the world, and for all students of the struggle for global justice in the twenty-first century.' --Geoffrey Robertson, author of Crimes Against HumanityTable of ContentsContents: 1. Introduction 2. Legality 3. Structure 4. Procedure 5. Cases 6. Proceedings 7. Crimes 8. Liability 9. Sentencing 10. Victims 11. Legitimacy 12. Legacy Index

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Book SynopsisThis book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs).This timely evaluation of the experiences of the ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC's current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. Lawyers, judges, NGOs, government officials, academics, and policy makers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity.Table of ContentsContents: 1. Introduction to the Complex Relationships in International Criminal Justice 2. The Important Relationship between International Criminal Courts and National Judicial Proceedings 3. Cooperation with National Systems 4. The Relationship of International Criminal Courts with National Nonjudicial Proceedings 5. The Potential Role of Regional Courts in the Prosecution of Atrocity Crimes 6. NGO Intervention in Court Proceedings through Amicus Curiae Briefs Conclusion Index

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Book SynopsisThis book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs).This timely evaluation of the experiences of the ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC's current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. Lawyers, judges, NGOs, government officials, academics, and policy makers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity.Table of ContentsContents: 1. Introduction to the Complex Relationships in International Criminal Justice 2. The Important Relationship between International Criminal Courts and National Judicial Proceedings 3. Cooperation with National Systems 4. The Relationship of International Criminal Courts with National Nonjudicial Proceedings 5. The Potential Role of Regional Courts in the Prosecution of Atrocity Crimes 6. NGO Intervention in Court Proceedings through Amicus Curiae Briefs Conclusion Index

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Book SynopsisWhat is international criminal justice? The authors of this book set out a framework for understanding international criminal justice in all its facets. Considering both definition and content, the authors argue for its treatment as a holistic field of study, rather than a by-product of international criminal law. Adopting a multidisciplinary approach, this book draws on a range of legal and extra-legal disciplines. Whilst addressing crucial legal questions throughout, it also considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope in how we understand international criminal justice. Challenging many of the prevalent paradigms of thinking in this area, Gideon Boas and Pascale Chifflet explore whether it is possible to reconcile some of the enduring intellectual conflict, such as whether and how retributive and restorative approaches to justice can co-exist. Written by leading academics who themselves are also practitioners in the field, this unique work performs a significant role in defining and explaining international criminal justice, and as such will be important reading for scholars and practitioners, as well as providing an entry point for students in a classroom environment.Trade Review'A great introduction to the subject, rich with scholarly analysis including an essential historical perspective on the origins of international criminal justice, but at the same time sparkling with the unique insights of practitioners.' --William A. Schabas, Middlesex University London, UK'This exceptional book explores the emerging discipline of international criminal justice from new and important perspectives. Its thematic approach lends a deeper understanding not just of the legal frameworks and challenges, but also of the many disciplines that inform and make up this growing field. Written by two distinguished practitioners and scholars of international criminal justice, this book offers readers vital insight into the successes, failures and challenges that confront the response by states and the international community to mass atrocity today.' --Michael P. Scharf, Case Western Reserve University, School of Law, USTable of ContentsContents: 1. What is International Criminal Justice? 2. International Criminal Justice and History 3. International Criminal Justice and Politics 4. International Criminal Justice and Psychology 5. International Criminal Justice and Responses to Terrorism 6. International Criminal Justice and Transitioning Societies 7. International Criminal Justice and Hope – Some Concluding Remarks Index

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Book SynopsisThis comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world's first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC's existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work. In this timely work, an international team of scholars and experts evaluate the ICC's actual and potential role in the world by exploring some of the central issues related to its creation, mandate, and operations. Chapters address topics ranging from the negotiation dynamics surrounding the drafting of the Rome Statute, to the roles of the Office of the Prosecutor, judges, defence and victims, as well as key controversies around peace and justice, selectivity of cases and situations, and gender-sensitivity.This Companion is critical reading for scholars, students and practitioners of international criminal law. Its mixture of theoretical perspectives and case study analysis will also be of interest to those studying and working in global justice and international law more broadly, including in transitional justice, human rights law, public international law and international relations.Trade Review‘I sometimes wonder who, other than an eager reviewer, reads a collection like this from cover to cover. It would, however, be fair to say that in this instance the editors made a good job selecting their contributors and, unlike many collective works, there is not a weak one in the bunch. So, if you want to get your head around the formation of the Court and the current issues, this is an excellent read.’ -- Roger S Clark, Criminal Law Forum'This book is a very welcome contribution to scholarship on the International Criminal Court (ICC). It contextualises the ICC and discusses its role in developing international criminal law. After almost two decades of practice, this is a good time to take stock and evaluate the Court's performance and impact. The editors can be credited for selecting an excellent line-up of authors who take novel perspectives and angles that deepen our knowledge of the ICC and its engagement with domestic jurisdictions, general international law and the wider world of international diplomacy. The book is an essential guide for policymakers, legal practitioners and scholars interested in human rights and international criminal justice.' -- Elies van Sliedregt, University of Leeds, UK'Though created so that the most serious crimes "not go unpunished", the ICC has been able to punish only a few. In this book, leading international justice experts explore the court's legal, political, and practical limitations, and suggest how it might better define its mission to gain the cooperation and support needed to succeed.' -- Stephen J. Rapp, former US Ambassador-at-Large for Global Criminal Justice'Professors Margaret M. deGuzman and Valerie Oosterveld have masterfully orchestrated a fresh examination of the International Criminal Court in this impressive collection of chapters by distinguished scholars who provide the insight and depth of understanding that rarely occur in the literature. This book will stand for a long time as an essential treatise for every scholar, practitioner, and civil society advocate of the Court.' -- David Scheffer, Northwestern University, Pritzker School of Law, US and former US AmbassadorTable of ContentsContents: Introduction: narratives and counter-narratives of the International Criminal Court x PART I THE ESTABLISHMENT OF THE ICC 1 The dynamics of the Rome Conference 3 William A. Schabas 2 The Rome Conference: institutional design and the constraints of diplomacy 20 Frédéric Mégret PART II INTERPRETING AND APPLYING THE ROME STATUTE 3 Contestation and inevitability in the crimes of the International Criminal Court 49 Saira Mohamed 4 Admissibility as a theory of international criminal law 62 Alexander K. A. Greenawalt 5 Heads of state and other government officials before the International Criminal Court: the uneasy revolution continues 96 Leila Nadya Sadat 6 Penalties and punishment 128 Mark A. Drumbl 7 Can the ICC function without state compliance? 147 Rod Rastan PART III ICC IN ACTION 8 Taking the opportunity: prosecutorial opportunism and the International Criminal Court 181 Mark Kersten 9 Judges, the registry, and defence counsel 204 Sara Wharton 10 The Assembly of States Parties 231 Jennifer Trahan 11 Africa, the Court, and the Council 261 Rebecca J. Hamilton PART IV MAJOR CONTROVERSIES 12 Peace and justice 280 Yvonne M. Dutton 13 Re-narrating selectivity 307 Asad G. Kiyani 14 Human rights compliance 334 Jonathan O’Donohue 15 Re-writing sex and gender in international criminal law 363 Rosemary Grey and Louise Chappell 16 Mission uncertain: what communities does the ICC serve? 387 Margaret M. deGuzman Index 408

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Book SynopsisNation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the 'abuse of rights' doctrine. Utilizing a comparative approach, this book explores principles of jurisdiction, first under international law, and then in a comparative constitutional law context. Specifically, Danielle Ireland-Piper explores the ways in which domestic constitutional courts in Australia, India and the United States adjudicate extraterritorial criminal jurisdictions. Groundbreaking sections explore the abuse of rights doctrine in a common law context and the relationship between individual rights and the assertion of extraterritorial jurisdiction. While this is a research monograph that will likely interest legal scholars and researchers in international relations and political science, it will also appeal to government policy-makers and judicial decision-makers, particularly given the increased reliance by governments on extraterritorial regulation of transnational crime.Trade Review'Dr. Danielle Ireland-Piper's Accountability in Extraterritoriality: A Comparative and International Law Perspective is a welcomed addition to the existing literature in the field. This excellent monograph makes an invaluable contribution on a topic - extraterritorial jurisdiction and how we appropriately can restrict it - that only will continue to increase in relevance in coming years. Dr. Ireland-Piper is to be congratulated on managing to write in such a clear and accessible manner on such a complex topic, and for her useful proposals for how this crucial area of law ought to develop.' --(Dan Svantesson, Bond University, Australia)'This is a timely and important book on a topic that, despite its great theoretical and practical significance, has received too little academic attention and analysis. Danielle Ireland-Piper's work is a milestone in documenting, conceptualizing, and understanding extraterritoriality. Her book identifies the many challenges and opportunities in this area of law and provides a catalyst for future law reform and policy change in this field.' --(Andreas Schloenhardt, The University of Queensland, Australia and University of Vienna, Austria)Table of ContentsContents: 1. Introduction 2. Principles of Jurisdiction 3. Principles of Jurisdictional Restraint 4. Australia and Extraterritorial Jurisdiction 5. India and Extraterritorial Jurisdiction 6. The United States and Extraterritorial Jurisdiction 7. Conclusions Index

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Book Synopsis

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Book SynopsisThe boundaries between core crimes and transnational crimes are blurring. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions? Or should criminal law repression in respect of such crimes remain the prerogative of the state? Cutting edge contributions to this book demonstrate that there is no ?one-size-fits-all? answer to these questions.Addressing the distinctions and commonalities of transnational and international crimes, eminent contributors discuss the implications of this relationship in the realm of law enforcement. This book critically reflects on the connection between ?core crimes? of the International Criminal Court including; war crimes, crimes against humanity, genocide, aggression, and several newly emerging transnational crimes. In view of this gradual merger of the categories, one of the major questions is whether the distinction in legal regime is still warranted. Significantly, the human rights consequences of transnational criminal law enforcement are brought to attention in this timely study. Academics and students of law, officials, policy makers and practicing criminal lawyers, will all greatly benefit from the crucial insight into the future of handling transnational crime.Contributors include: I. Bantekas, M. Bo, N. Boister, H. Bosdriesz, I. Braber, N. Bussolati, A. Chehtman, M.L. Ferioli, S. Gless, C. Jalloh, G. Nessi, H. Olasolo, C. Paulussen, H. van der Wilt, D. van Leeuwen, S. WirkenTrade Review'Occupying an important middle ground between international crimes, such as genocide, and so-called ''ordinary'' crimes, like murder and rape, sit the ''transnational crimes'', such as piracy, and cross-border trafficking in persons and prohibited substances. In this splendid book, eminent scholars explore the features and attributes of transnational crimes, their fluid boundaries, and their very raison d'etre within the international legal system.' --William Schabas, Middlesex University London, UKTable of ContentsContents: Foreword Part I Conceptual Framework 1. Legal responses to transnational and international crimes: towards an integrative approach? Harmen van der Wilt 2. Responding to transnational crime: the distinguishing features of transnational criminal law Neil Boister 3. Is international criminal law an appropriate mechanism to deal with organised crime in a global society? Héctor Olásolo Part II Specific Crimes 4. Piracy at the intersection between international and national: regional enforcement of a transnational crime Marta Bo 5. Terrorism as a new generation transnational crime: prosecuting terrorism at the International Criminal Court Inez Braber 6. Terrorism and the conceptual divide between international and transnational criminal law Alejandro Chehtman 7. Cybercrime and its sovereign spaces: an international law perspective Ilias Bantekas 8. Domestic and international legal approaches to the repression of politically-motivated cyber-attacks Nicolò Bussolati 9. Transnational prosecution of grand corruption and its discontent Giulio Nessi 10. Prosecuting money laundering at the ICC: can it stop the funding of international criminal organisations? Dirk van Leeuwen Part III Fair Trial Issues 11. Safeguarding defendants’ rights in transnational and international cooperation Maria Laura Ferioli 12. Ne bis in idem in an international and transnational criminal justice perspective — paving the way for an individual right? Sabine Gless Part IV Regional Case Studies 13. Privatisation and increasing complexity of mass violence in Mexico and Central America: exploring appropriate international responses Sander Wirken and Hanna Bosdriesz 14. The distinction between ‘international’ and ‘transnational’ crimes in the African Criminal Court Charles Chernor Jalloh Index

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Book SynopsisThe Inter-American Court of Human Rights continues to build justiciability to determine the social rights of marginalised individuals and groups in the Americas. In this engaging book, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court's contribution to human rights policy in the Global South.This innovative book offers a thorough and complete examination of the Inter-American Court's jurisprudence over its forty years of existence, within the framework of Economic and Social Rights (ESR). The author offers a concise discussion of both the historic and landmark cases in regards to ESR, and its theoretical basis, as well as giving insight into how to further improve and protect the lives of the most vulnerable people in the Americas. This book also exposes the possibility of enforcing legal remedies for poverty and structural discrimination in order to seek social justice.Contemporary and insightful, this book will be vital reading for legal scholars and students interested in human rights more broadly, as well as social justice and social rights specialists. Judges, practitioners and policymakers will also find this book a thought-provoking read.Trade Review'In recent years, inequality and the denial of social rights have gained increasing prominence on the human rights agenda in response to the return of the worst features of the Gilded Age. This up-to-date review of the past twenty years of the relevant jurisprudence of the Inter-American Court of Human Rights highlights impressive recent initiatives taken by the Court. It is an important reference work for understanding the evolution of this major system of rights protection.' --Philip Alston, New York University, School of Law, US'Isaac de Paz González provides a valuable survey of the jurisprudence of the Inter-American Court of Human Rights dealing with the rights of indigenous peoples and children, the rights of labour, and the right to health. The book is an important resource for students and scholars to reflect on important questions about the interactions among rights, about complex remedies, and about compliance with human rights.' --Mark Tushnet, Harvard University, USTable of ContentsContents: 1. Constitutional law and international human rights law in the Inter-American system: approaches, tensions and setting the social rights scene 2. Indigenous rights: old issues, new methods? protecting excluded groups 3. Deprivation of life and marginalisation: trends in children’s social rights 4. Jurisprudence On the Right to Health and Education 5. Labour rights: the path to a direct interpretation of Article 26 ACHR 6. Slavery and poverty on trial: light and shadow Conclusions

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Book Synopsis'The field of international criminal justice owes its growth more to practice than to theory. Hugely important theoretical questions have often been given short shrift. But not by Gabriel Lentner. In an accessible style and on the basis of wide reading, he addresses head-on one of the most fundamental theoretical questions pertaining to the International Criminal Court: what is the legal nature of referrals made by the United Nations Security Council to the ICC of situations in states that are not parties to the Statute? He illustrates the significance of that question with supreme verve. A most promising debut.'- Sarah M.H. Nouwen, University of Cambridge and Pembroke College, UK Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centered on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations.With a novel approach to the relationship between the UNSC and the ICC, this book addresses important questions raised in practice. In particular, Gabriel M. Lentner explores issues regarding any limits and conditions for referral under the UN Charter and the Rome Statute, and the legal effects on heads-of-state immunity, as well as the validity of jurisdictional exemptions for other specific categories of nationals. This is a persuasive study into the powers of the UNSC with respect to international criminal law.With its timely focus on an important topic, this book will be vital reading for academics in international institutional law, international criminal law, and human rights law. ICC judges and lawyers, as well as lawyers involved in the UN, governments, and non-governmental organizations will also benefit from this book.Trade Review'This book presents a comprehensive examination of the development and practice of the UN Security Council's referral mechanism under Article 13(b) of the Rome Statute. Dr Lentner has left no stone unturned. This is an invaluable book for anyone researching and teaching on the most critical trigger mechanism of the International Criminal Court. A must read for all international criminal justice academics and practitioners.' --Harry M. Rhea, Rutgers University Camden, United States Navy and Academy of Criminal Justice Sciences International Section, US'Lentner has produced a thoughtful, comprehensive treatment of the relationship between the ICC and the Security Council. The book is rigorous and timely, addressing issues that will shape the ICC's role in the global legal order. This is a major contribution to the literature that will prove valuable to scholars and practitioners alike.' --Margaret M. deGuzman, Temple University, Beasley School of Law, US'By showing that the International Criminal Court (ICC) is a Janus-faced institution, the book demonstrates how the Security Council s referrals to the ICC do not necessarily serve the purposes of international criminal justice. Thought-provoking and skilfully written, Dr Lentner's monograph stands out as a unique piece of scholarly literature.' --Rossana Deplano, University of Leicester, UKTable of ContentsContents: Acknowledgements 1. Introduction 2. Legislative History of the Referral Mechanism 3. The Legal Nature of Security Council Referrals 4. The Powers of the Security Council under the UN Charter 5. The ICC’s Exercise of the Powers Conferred by the Security Council 6. The Security Council Referrals in Practice 7. Key Issues of the Security Council Referrals in Practice 8. Conclusions: The Janus Face of the International Criminal Court Index

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Book SynopsisThrough the lens of five institutional functions - quasi-legislative, quasi-judicial, recommendatory, empowering and sanctioning - this important book assesses the practice and legal foundations of the United Nations General Assembly in advancing international justice, an increasing priority of the international community.Challenging the assumption that the General Assembly is merely a weak deliberative assembly, Michael Ramsden shows that its pioneering resolutions on international justice have become an invaluable tool in the fight against impunity. As concerns remain over the aptness of international institutions in responding to atrocities, particularly the Security Council, this book establishes the legal foundation for the General Assembly to step into the breach. Chapters also offer innovative arguments on the General Assembly’s institutional powers to end impunity as well as a detailed examination on the influence of General Assembly resolutions in judicial decision-making.International Justice in the United Nations General Assembly will be a key resource for scholars and students in the fields of international law and international institutional law, as well as UN and international institutional practitioners who are involved in policy development.Trade Review'International Justice in the United Nations General Assembly is a much-needed account of the UN General Assembly's under-studied role in international law-making. Ramsden's comprehensive review of the UNGA's role since its founding to advance international accountability for atrocity crimes provides important insight into how UNGA resolutions, Commissions of Inquiry, and other tools shape the jurisprudence of courts, regional bodies, and other UN organs. Ramsden's analysis is an important contribution to understanding the relationship between aspiration and actualization in international law.' -- Charlotte Ku, Texas A&M University School of Law, US'International Justice in the United Nations General Assembly was a revelation. The UN General Assembly occupies a marginal place in most International Law and International Relations scholarship, appearing now and then but rarely as an important protagonist. Michael Ramsden shows how wrong that perspective is in the domain of international justice. Ramsden reveals and carefully assesses the multiple, often indirect, ways in which the General Assembly influences the development of norms, shapes the international justice agenda, motivates political pressure, and promotes action to advance accountability for atrocity crimes.' -- Wayne Sandholtz, University of Southern California, USTable of ContentsContents: 1. Introduction to International Justice in the United Nations General Assembly 2. ‘Quasi-legislative’ influence of General Assembly resolutions on international justice 3. Relation of General Assembly resolutions to international law 4. General Assembly as a ‘quasi-judicial’ actor in advancing atrocity crimes accountability 5. General Assembly recommendations to promote accountability for atrocity crimes 6. General Assembly empowerment of inquiries and courts 7. Potential General Assembly role in coordinating sanctions 8. Conclusion to International Justice in the United Nations General Assembly Index

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Book SynopsisAchieving effective enforcement in cases of complex, multi-layered, multi-jurisdictional acts of bribery that occur in utmost secrecy is a challenging area of corporate crime enforcement. This thought-provoking book examines the scope, benefits and challenges of negotiated settlements - a form of non-trial enforcement - as a mechanism, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, this timely book offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions. Drawing on recent empirical research, the contributors' analyses of these settlements in the context of fundamental criminal law principles offer unique insight and functional solutions to the difficult problem of holding corporations liable for crime. The book's deep reflection on criminal law principles will be beneficial for scholars and students of economic crime, corruption and criminal law. Equally, its contributions to a policy area undergoing rapid development will be invaluable for policymakers, enforcement practitioners and government officials. Contributors include: J. Arlen, R. Berzero, L. Borlini, K.E. Davis, P.H. Dubois, B. Garrett, S. Hawley, C. King, D. Kos, S. Lonati, N. Lord, L.A. Low, A. Makinwa, S. Oded, K.M. Peters, M. Pieth, B. Prelogar, T. Søreide, K. Vagle, S. Williams-ElegbeTrade Review'Negotiated settlements resolve corporate corruption cases worldwide, but the practice is not standardized or well understood. Søreide and Makinwa's excellent book consists of contributions from leading legal experts on the topic; it ought to be essential reading for both lawyers and anti-corruption campaigners. The contributors have no easy answers, highlighting both difficulties and strengths. But they stress the need for an international consensus to provide consistency and justice across legal regimes.' --Susan Rose-Ackerman, Yale University, USTable of ContentsContents: Preface Foreword Drago Kos 1. Introduction Abiola Makinwa and Tina Søreide Part I: CONTEXT 2. Negotiated settlements in a broader law enforcement context Mark Pieth 3. The path of FCPA settlements Brandon L. Garrett 4. Public/Private Co-operation in Anti-Bribery Enforcement: Non-Trial Resolutions as a Solution? Abiola Makinwa 5. The Implications of Negotiated Settlements for Debarment in Public Procurement: A Preliminary Enquiry Sope Williams-Elegbe 6. Settlements within the World Bank Group Sanctions System Pascal Hélène Dubois, Kathleen M. Peters, and Roberta Berzero Part II: DETERRENCE 7. Prosecutors’ discretionary authority in efficient law enforcement systems Tina Søreide and Kasper Vagle 8. The potential promise and perils of introducing deferred prosecution agreements outside the U.S. Jennifer Arlen 9. Incentives for self-reporting and cooperation Lucinda A. Low and Brittany Prelogar 10. The DOJ’s Anti-Piling on Policy: Time to Reflect? Sharon Oded Part III: JUSTICE 11. What counts as a good settlement? Kevin E. Davis 12. Corporate compliance and privatization of law enforcement: A study of Italian legislation in the light of the U.S. experience Simone Lonati and Leonardo S. Borlini 13. Justice for whom? The need for a principled approach to Deferred Prosecution Agreements in England and Wales Susan Hawley, Colin King, and Nicholas Lord Index

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Book SynopsisAcross the world, mass graves, often containing a multitude of human remains, are sites of human loss, suffering and unimaginable acts of cruelty. While no one mass grave or its investigation is the same, all mass graves contain evidence that is essential to the realisation of justice and accountability goals for victims, affected communities, states in transition and the international community.This book tactfully examines this sensitive topic, demonstrating how mass grave investigations can be highly complex, context-specific, lengthy and expensive processes, requiring significant planning, coordination, expertise and resources. The book analyses the various processes involved in mass grave investigation from a number of disciplinary perspectives and a variety of geographical, cultural and political contexts, including Bosnia, Guatemala, Libya, Nepal and Rwanda. Chapters feature expert contributions from voices in the fields of forensic sciences, advocacy and the judiciary, along with world-leading international legal expertise on mass graves, their protection and investigation.This timely book will be an ideal resource for practitioners and academics in the fields of international criminal law, international human rights law, international humanitarian law and transitional justice. Students interested in forensic archaeology, anthropology, fact-finding and human rights investigations will also find this a stimulating read.Trade Review‘Whether as a result of criminal activity, conflict, gross human rights abuse, or as a means of respectfully managing large-scale deceased persons following disasters, mass graves are sadly common global phenomena. Providing examples from different geographical contexts, the contributors to this volume discuss the processes and complexities involved in working on mass graves. The range of perspectives provided by the authors make the book an invaluable resource for anyone interested in the international legal framework related to the management and investigation of mass graves.’ -- Soren Blau, Victorian Institute of Forensic Medicine, AustraliaTable of ContentsContents: Foreword by Morris Tidball-Binz ix Introduction: Mass Graves, Truth and Justice 1 Melanie Klinkner and Ellie Smith 1 Nepal’s experience of mass grave investigation: the Godar exhumation 23 Gauri Pradhan 2 (Im-)mobilisation of efforts for justice in Libya and the Tarhuna mass graves case 34 Alessandra La Vaccara 3 Anatomy of a grave: the Kozluk excavations as an exemplar of a successful mass grave investigation 50 Ian Hanson 4 Rwanda’s gacaca courts and the discovery of mass graves 80 Julia Viebach, Denis Bikesha and Allan Moore 5 The practice of identifying the victims of Guatemala’s civil war: who is being identified? 103 Gillian Fowler and Stefan Schmitt 6 Interview with Judge Howard Morrison 124 Melanie Klinkner and Ellie Smith 7 Interview with Dr Agnès Callamard 139 Melanie Klinkner and Ellie Smith 8 Conclusion and outlook on things to come 154 Melanie Klinkner and Ellie Smith Index 167

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Book SynopsisInternational Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.Investigating what law-making processes reveal about the overall state of this legal regime, this thought-provoking book shows that current developments display a far-reaching disagreement about the direction into which IHL should evolve. It explores the most relevant trends in the development of IHL including the absence of formal law-making by states, informal law-making through manual processes and the increasing role of sub and non-state actors.Law-Making and Legitimacy in International Humanitarian Law will be of benefit to scholars and students of international law and relations, as well as practitioners working in the field of IHL, particularly in government ministries, international organizations and NGOs.Trade Review‘Formally, states, and states alone, make and authoritatively interpret international humanitarian law. But this legalistic maxim hardly reflects the actual process by which IHL emerges and evolves. Law-Making and Legitimacy in International Humanitarian Law brings together general international law and humanitarian law experts to tease loose key aspects of this dynamic and assess their legitimacy. The first work to examine the foundational issue of IHL development critically and comprehensively, it is a must read for IHL scholars and practitioners.’ -- Michael Schmitt, United States Military Academy at West Point, US and University of Reading School of Law, UK‘This volume explores the interplay of law and legitimacy in relation to the law of armed conflict and includes contributions by a collection of noted scholars. It focuses on the role that various actors play in the process of developing, questioning and affirming international humanitarian law. It does so in an innovative and thought-provoking way and will doubtless be of interest to both the legal theorist and the IHL specialist.’ -- Terry Gill, University of Amsterdam, the NetherlandsTable of ContentsContents: Preface xi PART I INTRODUCTION 1 Law-making and legitimacy in international humanitarian law 2 Heike Krieger and Jonas Püschmann PART II LEGITIMACY AS ANALYTICAL LENS 2 The roles of legitimacy in international legal discourses: Legitimizing law vs legalizing legitimacy 16 Jean d’Aspremont 3 The role of legitimacy in international humanitarian law: A comment 33 Stefan Kadelbach 4 Actor legitimacy and the application of IHL: A rejoinder to d’Aspremont 41 Tom Ruys PART III INFORMAL LAW-MAKING IN INTERNATIONAL HUMANITARIAN LAW AS A POLITICAL CHOICE 5 Global norms governing the protection of civilians, conflict, and weapons: Formal or informal law-making? 56 Denise Garcia 6 Post-international humanitarian law? A rejoinder to Denise Garcia 80 Philip Liste 7 Noncompliance as law-making 89 Timothy Meyer PART IV NEW LAW THROUGH PRACTICE? 8 Interpreting the Geneva Conventions: subsequent practice instead of treaty amendments? A case study of ‘non-international armed conflicts’ under Common Article 3 117 Emily Crawford 9 Legitimacy and methodology – a subtle yet significant influence: Judicial decisions and the development of international humanitarian law 141 Shane Darcy 10 The interpretation of IHL treaties: Subsequent practice and other salient issues 150 Jean-Marie Henckaerts and Elvina Pothelet 11 Methodological challenges in ascertaining customary international humanitarian law: Can customary international law respond to changing circumstances in warfare? 170 Robert Heinsch PART V COURTS AND MANUALS – DECOUPLING LAW-MAKING FROM STATES? 12 Judicial practice in international criminal law: Law-making in disguise? 196 Thomas Rauter 13 The law at hand: Paratext in manuals on international humanitarian law 217 Wouter G. Werner 14 International manuals in international humanitarian law: A rejoinder to Wouter G. Werner 232 Robin Geiß and Anni Pues 15 Interpretation and identification of international humanitarian law: Responses of the International Law Commission 242 Georg Nolte 16 Manuals and courts: International humanitarian law, informal law-making and normativity 253 Dale Stephens PART VI LEGITIMACY AND PARTICIPATION 17 International humanitarian law-making in Latin America: Between the international community, humanity, and extreme violence 277 Alejandro Rodiles 18 Sovereign equality and law-making: how do states from the Global South shape international humanitarian law? An African perspective 300 Balingene Kahombo 19 Sovereign equality and law-making: how do states from the Global South shape international humanitarian law? A comment to Alejandro Rodiles and Balingene Kahombo 324 Michael Bothe 20 Between war and peace: Negotiating and implementing legitimate ceasefire agreements 335 Cindy Wittke 21 Law-making participation by non-state armed groups: The prerequisite of law’s legitimacy? 357 Hyeran Jo 22 Non-state armed groups and international humanitarian law-making – the challenge of legitimacy: A reply to Cindy Wittke and Hyeran Jo 375 Cedric Ryngaert PART VII LEGITIMACY AND NORM ENTREPRENEURS 23 The impact of human rights advocacy: Between (mis)stating the law and pursuing humanitarian policies? 385 Robert Cryer 24 From the Martens clause to the CNN factor: Is the impact of media and public opinion on law-making discernible? 404 Daniel Joyce 25 Media, public opinion and humanitarian advocacy 422 William Boothby PART VIII CONCLUSION 26 A legitimacy crisis of international humanitarian law? 429 Heike Krieger and Jonas Püschmann

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Book SynopsisThrough its careful consideration of the status of armed groups within a complex legal landscape, this insightful book identifies and examines the tensions that arise due to their actions existing across a spectrum of legality and illegality. Considering the number of armed groups currently exercising governance functions and controlling territory and population in the world, its analysis is especially topical. Armed Groups and International Law provides essential peer-reviewed analyses of the place of armed groups in the legal framework. A collaborative effort between eminent scholars from different disciplines, it summarises various points of contention within the study of these armed actors, detailing examples that are highly relevant to the contemporary world, such as Afghanistan and Syria. Addressing law-making, rebel governance and accountability, this illuminating book will be of great benefit to students of international humanitarian law, human rights law, international criminal law, and public international law seeking to expand their understanding of the treatment of armed groups within the international legal system. It will also serve as a useful resource for practitioners working in the area of civilian protection and academics conducting research on armed conflict from a variety of disciplines.Trade Review‘This work provides important new insights into how armed groups navigate – and are being navigated by – international and domestic law and other norms. It sheds light on a vast array of thus far underexplored conundrums and intricacies that result from their existence. It is highly recommended to anyone in search of a deeper understanding of the legal implications of the reality of armed groups.’ -- Jann Kleffner, Swedish Defence University, Sweden.‘This book takes the reader beyond the paradox that armed groups are both illegal and engaged in law-enforcement. The authors take us into the day-to-day world of rebel governance and explore the work done by law. We are treated to something which is both scholarly and practical. This kind of inquiry can only benefit the millions living under rebel control.’ -- Andrew Clapham, Graduate Institute of International and Development Studies, Switzerland‘This wide-ranging collection brings together experts from across political science and legal studies to probe one of the most complex and pressing problems facing the world today: how should the international community understand the reality of rebel rule? Tackling both the big picture as well as delving into the intricacies that have bedeviled analysts and policy makers, contributors push the analysis in new directions while unearthing long forgotten truths. An agenda-setting volume, the book will shape the debate on international law and armed groups for the foreseeable future.’ -- Zachariah Mampilly, The City University of New York, US‘A thoughtful and thought-provoking collection by some of the leading voices in the field. Expertly curated, this is valuable reading for anyone interested in issues relating to armed groups and international law.’ -- Sandesh Sivakumaran, University of Cambridge, UK‘Fortin and Heffes have assembled a stellar collection of leading scholars on the difficult topic of armed groups under international and domestic law, providing us with thoughtful and rigorous analysis and insight into a complex area that defies easy legal and political solutions.’ -- Emily Crawford, The University of Sydney Law School, Australia‘This superlative collection addresses a highly significant and still overlooked dimension of international and domestic law, namely its application to internal armed conflicts and to non-state armed groups. Noting the relative dearth of substantive attention to this relationship, even as the numbers of armed conflicts and non-state armed groups proliferate, the editors and contributors provide clear, astute, and original analyses of the range of implications which draw equally from rich and carefully detailed histories of the development and application of humanitarian, human rights and criminal law and their use in a range of fascinating cases. Conceptually and empirically grounded, this volume is by far the best introduction to the fundamentally necessary, and continually urgent, understanding of armed groups and international and domestic law.’ -- Helen M. Kinsella, University of Minnesota, USTable of ContentsContents: Foreword x Acknowledgments xiv Introduction: An exploration of the shadowland of armed groups and international law 1 Katharine Fortin and Ezequiel Heffes 1 Violence as redress: Armed groups, the right to rebellion and the resort to force for gross violations of human rights 15 Luke Moffett 2 The politics of armed non-state groups and the codification of international humanitarian law 43 Giovanni Mantilla 3 ‘The right to participate in hostilities’: combatant privilege vs criminal responsibility for members of organised armed groups during international and domestic criminal trials 64 Rogier Bartels 4 Proscription and group membership in counter-terrorism and armed conflict: Areas of tensions between criminal law and international humanitarian law 91 Ilya Sobol and Gloria Gaggioli 5 Shadowland strategy: How non-state armed actors navigate between national laws and international law 120 Hyeran Jo and Niels H. Appeldorn 6 Exploring the civilian and political institutions of armed non-state actors under IHL in an age of rebel governance 140 Katharine Fortin 7 Rebel rulers and rules for rebels: Rebel governance and international law 167 Alessandra Spadaro 8 From law-taking to law-making and law-adapting: Exploring non-state armed groups’ normative efforts 191 Ezequiel Heffes 9 The provision of healthcare by Islamist armed groups: Between sharia and international law 212 Marta Furlan 10 De facto justice: Prosecution by non-state actors in armed conflict 237 Helen Duffy 11 ‘Equals, but not Equals’: The paradox of amnesties and armed groups in non-international armed conflict 270 Annyssa Bellal 12 A matter of life and death: The impact of power-sharing on the legal position of armed groups 288 Daniëlla Dam-de Jong Index

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Book SynopsisThis timely book provides a critical consideration of one of the most pressing matters confronting global and regional strategies for suppressing transnational organized crime today: the question of the scope and rationale of States’ criminal jurisdiction over these cross-border offences. It shines a light on the complex challenges posed by transnational organized crime to international criminal law.Fulvia Staiano analyses the ways in which transnational organized crime has pushed States, as well as international organizations and institutions, to rethink the boundaries and rationale of territorial and extraterritorial State jurisdiction. The book examines consolidated instances of transnational organized crimes, such as human trafficking, migrant smuggling and trafficking in firearms, but also looks at emerging phenomena which have come to the attention of scholars and practitioners in more recent times, including cybercrime. In doing so, it draws a connection between States’ responses to ‘old’ and ‘new’ transnational crimes while providing an up-to-date analysis of international practice in this field.Contributing to the broader academic debate on the need to conceptualize transnational criminal law as an area of study separate from international criminal law, this book will be a key resource for postgraduate students, researchers and academics in the fields of public international law, criminal law, international relations, as well as social and political studies.Trade Review‘In Transnational Organized Crime: Challenging International Law Principles on State Jurisdiction, Fulvia Staiano engages in an admirably clear-eyed exploration of how states have overcome the fundamental problems of projecting their legal authority beyond their borders in order to suppress transnational organized crime, and how their practice has catalysed alteration of the orthodox international law principles of expanded territorial and extraterritorial criminal jurisdiction. This wide-ranging but concise and up-to-date analysis of the complex and rapidly evolving laws involved, deserves a place on your book-shelf.’ -- Neil Boister, University of Canterbury, New Zealand‘This is a most timely book which showcases how the international law of jurisdiction has evolved in the context of transnational organized crime, in ways that often differ from other fields of the law. The author foregrounds the peculiar interpretations which are given to jurisdictional concepts in this particular field, and convincingly explains their rationales. This book invites us to think anew about the variegated forms which jurisdictional assertions take on, depending on the issue-area.’ -- Cedric Ryngaert, Utrecht University, the NetherlandsTable of ContentsContents: Introduction to Transnational Organized Crime 1. Transnational organized crime as a new phenomenon on the international criminal law scene 2. The extension of territorial jurisdiction in the fight against transnational criminal organizations 3. New foundations for States’ extraterritorial jurisdiction over transnational criminal conducts 4. Contemporary solutions and challenges ahead Bibliography Index

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Book SynopsisProviding a much-needed study of the weapons paradox in the case of autonomous weapons, this book is a detailed and comprehensive account of the current debate over the use of autonomous weapons – should some form of regulation be applied or a total ban be enforced? How can compliance with existing rules be ensured? Can responsibility be properly allocated? To what extent do concepts such as ‘human dignity’ and ‘humanity’ provide legal guidance in coping with technology? This book tackles these momentous challenges and strives to provide sound answers by elaborating on international law and proposing normative solutions for current and future human–machine interactions in this critical field. Diego Mauri expertly explains the complex new technological research involved in autonomous weaponry, with particular focus on technological developments that have elicited intense debates among diplomats, military experts, scientists, philosophers, and international lawyers. Providing innovative and original discussion of the effective protection of the human person in international law, this book will be welcomed by legal scholars, human rights lawyers, and researchers concerned with the relationship between international law and technology.Trade Review‘Diego Mauri’s book adds a new perspective to the literature on Autonomous Weapons Systems (AWS): the protection of human beings against the use of force. The merit of the book is to present human dignity and its corollaries as a “compass” that must guide all the actors involved in framing a set of rules for the governance of AWS.’ -- Edoardo Greppi, University of Torino, ItalyTable of ContentsContents: Foreword 1. Introduction: Autonomous Weapons Systems and the Protection of the Human Person 2. Sketching the debate 3. Autonomous weapons systems under international human rights law 4. Autonomous weapons systems under international humanitarian law 5. Autonomous weapons systems and the ‘accountability gap’ conundrum 6. Building the bridge to the future Bibliography Index

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Book SynopsisThis thought-provoking book conceptualizes femicide as a multifaceted human rights violation and proposes state responsibility for group-related risks of violence against women and girls. In doing so, it reassesses the concept of femicide, analysing it in view of the crime of genocide, crimes against humanity, war crimes, as well as several facets of human rights.Angela Hefti challenges the common definition of femicide, extending it beyond the killing of women due to their gender to include elements of victim blame, sexual abuse, forced marriage and delayed investigations by authorities. Chapters address femicide in the context of the African, Inter-American and European regional and universal human rights systems. Case studies from Iraq, Nigeria and Mexico provide a fundamental understanding of the multidimensional and worldwide nature of femicide. Spanning several key academic debates, the book incorporates underlying feminist legal theory and approaches pertaining to the subordination of women and girls in society, arguing that femicide should qualify as an autonomous human rights violation.Providing an impetus for further research on femicide, particularly on state responsibility for crimes committed by private actors, this book will be a crucial resource for academics in human rights and humanitarian law, criminal law and justice. The book will also be highly valuable to activists, practitioners, and lawyers with an interest in advancing aspects of femicide in international human rights law.Table of ContentsContents: 1. Introduction to the concept of femicide PART I FEMICIDE AND INTERNATIONAL CRIMINAL LAW 2. Femicide and (the laws of) war 3. Femicide and crimes against humanity 4. Femicide: Genocide by another name CONCLUSION TO PART I PART II FEMICIDE AND HUMAN RIGHTS LAW 5. Femicide, the UN system and CEDAW 6. Femicide and the European human rights system 7. Femicide and the inter-American human rights system 8. Femicide and the African human rights system CONCLUSION TO PART II PART III A HUMAN RIGHTS CONCEPT OF FEMICIDE AND STATE RESPONSIBILITY 9. Conceptualizing femicide as a human rights violation 10. No more impunity: Femicide and state responsibility 11. Conclusion to Conceptualiziing Femicide as a Human Rights Violation Index

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Book SynopsisThis timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment. Building on existing scholarship on State responsibility for aid or assistance, this incisive book is the first to focus on how the complicity of international organizations in human rights and humanitarian law violations can be established. Through a re-examination of classic legal notions such as due diligence and effective control, and their application to the problem of UN responsibility for complicity, Dr. Magdalena Pacholska provides a pertinent analysis of the complex issues surrounding the UN's legal exposure for its activities in the field of peace and security. Legal advisers working for the UN and other international organizations, national Ministries of Defence, and courts with jurisdiction in this area, will find this book's insights both valuable and useful in practice. It will also be of interest to scholars and employees of NGOs with a focus on international humanitarian law and the accountability of international organizations. Trade Review'This book provides a thorough analysis of some of the important legal questions arising in the day-to-day complex functioning of contemporary peace operations and offers thought-provoking ideas grounded in systemic, in depth study of a variety of legal norms, principles and concepts from various fields of international law. Practitioners will appreciate particularly the comprehensive examination of the International Law Commission's over half a century long work on State and International Organizations responsibility laid before the reader in a forthright yet insightful manner. A must-read for practitioners advising decision makers in states and international organizations.' --Eric Mongelard, Office of the United Nations High Commissioner for Human Rights'This cutting-edge study offers a rigorous analysis of major issues in the law of international organizations' responsibility. It covers a broad range of legal sources, highlights central controversies in this rapidly developing legal field and enriches international legal scholarship.' --Moshe Hirsch, Hebrew University of Jerusalem, Israel'The legal responsibility of UN peacekeeping forces for aiding or not preventing violations of international humanitarian law remains among the most vexing questions in contemporary international law. This new treatise by Dr. Magdalena Pacholska fills a critical gap in legal doctrine and theory on this topic. It offers a comprehensive, meticulous and creative approach to the responsibility of international organizations for complicity in violations occurring during armed conflicts, and lays the ground for holding UN peacekeepers to legal account.' --Yuval Shany, Hebrew University, IsraelTable of ContentsContents: 1. Introduction 2. From Impartiality to Complicity? The Evolution of UN Peace Operations 3. Legal Regime of the Responsibility of International Organizations 4. Responsibility for Complicity in Public International Law 5. Due Diligence and Responsibility for Complicity: The Quest for Clarification 6. Responsibility for Complicity and the Plurality of Responsible Actors 7. General Conclusions Index

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Book SynopsisPeace and Justice at the International Criminal Court focuses on the evolution and the present-day work of the International Criminal Court, a historic global institution. Errol P. Mendes provides a compelling argument that there can never be a sustainable peace in conflicts unless the cause of justice is also addressed. The author dives deep into the facts and rulings of the Court that involved some of the most serious international conflicts in recent times. The author also discusses the challenges facing the Court from failed prosecutions to failures of the UN Security Council and other member states. What results is a detailed but honest critique of where the Court succeeds and where it needs to improve. Mendes goes on to provide a prediction of the greatest challenges facing the Court in the foreseeable future. This book is a valuable resource for academics and students in international criminal law and practice, public international relations, political science, military and war studies.Table of ContentsContents 1. The Court as an Offspring of Centuries of Peace with Justice 2. The First Decades in the Fight Against Impunity by the Court and Unfounded Allegations of Bias Against Africa 3. Justice Did Not Duel Peace in the Alleged First Genocide of the 21st Century 4. Is it Peace, Justice, or a Final Military Solution in the Tragedy of Northern Uganda? 5. The ICC as a Catalyst for Sustainable Peace and New National Judicial Institutes 6. The Greatest Global Challenges Facing the Court: From Africa, Gaza, and Afghanistan to Dealing with the Hypocrisy of the UN Security Council Index

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Book SynopsisThis carefully regarded and well-structured handbook covers the broad range of norms, practices, policies, processes and institutional mechanisms of international criminal law, exploring how they operate and continue to develop in a variety of contexts. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. The Research Handbook on International Criminal Law will appeal to practitioners who may want to defend, or prosecute, international criminal law cases, and academics researching and writing on international criminal law. Graduate 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.Contributors: K. Ambos, K.D. Askin, M.C. Bassiouni, B.S. Brown, J. Cerone, D.M. Crane, C. da Silva, M.M. deGuzman, M.A. Drumbl, M.S. Ellis, V.P. Nanda, S.M.H. Nouwen, F. Patel King, K. Peschke, N. Roht-Arriaza, W.A. Schabas, M.P. Scharf, D. Weissbrodt, K.K. ZinsmasterTrade 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 SynopsisInternational criminal law and the international courts and tribunals that administer it have witnessed a surge in interest over the past two decades, and it occupies an increasingly prominent position on the legal landscape. This topical research collection, prepared by an eminent authority in international criminal law, successfully brings together a cross-section of the most important literature, providing a unique overview of the discipline. Areas covered in this title include the origins of international law, the general principles, procedure and evidence, alternatives to prosecution as well as national systems. This important publication will be a valuable reference tool for scholars, academics and practitioners in the field of international criminal law.Trade Review‘. . . should be given pride of place on the bookshelves of all international criminal lawyers, as well as historians and others interested in this subject: as we say, it is a fascinating compilation from the leading scholars of the age.’Table of ContentsContents: Volume I Acknowledgements Introduction William A. Schabas PART I ORIGINS AND DEVELOPMENT OF INTERNATIONAL CRIMINAL LAW 1. Christopher Keith Hall (1998), ‘The First Proposal for a Permanent International Criminal Court’ 2. M. Cherif Bassiouni (1997), ‘From Versailles to Rwanda in Seventy-Five Years: The Need to Establish a Permanent International Criminal Court’ 3. Arieh J. Kochavi (1994), ‘The British Foreign Office versus the United Nations War Crimes Commission during the Second World War’ 4. Hans Kelsen (1947), ‘Will the Judgment in the Nuremberg Trial Constitute a Precedent in International Law?’ 5. William A. Schabas (2008), ‘Origins of the Genocide Convention: From Nuremberg to Paris’ 6. L.C. Green (1960), ‘The Eichmann Case’ 7. Matthew Lippman (1982), ‘The Trial of Adolf Eichmann and the Protection of Universal Human Rights under International Law’ 8. M. Cherif Bassiouni (2003), ‘The History of the Draft Code of Crimes Against the Peace and Security of Mankind’ 9. James Crawford (1995), ‘The ILC Adopts a Statute for an International Criminal Court’ 10. Larry D. Johnson (2004), ‘Ten Years Later: Reflections on the Drafting’ 11. David J. Scheffer (2004), ‘Three Memories from the Year of Origin, 1993’ 12. M. Cherif Bassiouni (1999), ‘Negotiating the Treaty of Rome on the Establishment of an International Criminal Court’ 13. Philippe Kirsch, Q.C. and Valerie Oosterveld (2001), ‘Negotiating an Insitution for the Twenty-First Century: Multilateral Diplomacy and the International Criminal Court’ 14. Leila Nadya Sadat (2003), ‘Summer in Rome, Spring in The Hague, Winter in Washington? U.S. Policy Towards the International Criminal Court’ PART II INTERNATIONAL CRIMES 15. Raphael Lemkin (1947), ‘Genocide as a Crime under International Law’ 16. Alexander K.A. Greenawalt (1999), ‘Rethinking Genocidal Intent: The Case for a Knowledge-Based Interpretation’ 17. Claus Kreß (2006), ‘The Crime of Genocide under International Law’ 18. Egon Schwelb (1946), ‘Crimes Against Humanity’ 19. Darryl Robinson (1999), ‘Defining “Crimes Against Humanity” at the Rome Conference’ 20. Noah Weisbord (2008), ‘Prosecuting Aggression’ 21. David Scheffer (2006), ‘Genocide and Atrocity Crimes’ 22. Kelly D. Askin (2003), ‘Prosecuting Wartime Rape and Other Gender-Related Crimes under International Law: Extraordinary Advances, Enduring Obstacles’ 23. Anthony Cullen (2008), ‘The Definition of Non-International Armed Conflict in the Rome Statute of the International Criminal Court: An Analysis of the Threshold of Application Contained in Article 8(2)(f)’ PART III THE PHILOSOPHY AND POLITICS OF INTERNATIONAL CRIMINAL LAW 24. Theodor Meron (1995), ‘International Criminalization of Internal Atrocities’ 25. José E. Alvarez (1999), ‘Crimes of States/Crimes of Hate: Lessons from Rwanda’ 26. Mark Osiel (2000), ‘Why Prosecute? Critics of Punishment for Mass Atrocity’ 27. Mark A. Drumbl (2000), ‘Punishment, Postgenocide: From Guilt to Shame to Civis in Rwanda’ 28. Payam Akhavan (2001), ‘Beyond Impunity: Can International Criminal Justice Prevent Future Atrocities?’ 29. David P. Forsythe (2002), ‘The United States and International Criminal Justice’ 30. Tzvetan Todorov (2009), ‘Memory as Remedy for Evil’ Volume II Acknowledgements An introduction to all three volumes by the editor appears in Volume I PART I GENERAL PRINCIPLES, PROCEDURE AND EVIDENCE 1. Beth van Schaack (2008), ‘Crimen Sine Lege: Judicial Lawmaking at the Intersection of Law and Morals’ 2. Roger S. Clark (2002), ‘The Mental Element in International Criminal Law: The Rome Statute of the Interntional Criminal Court and the Elements of Offences’ 3. Mohamed Elewa Badar (2006), ‘Drawing the Boundaries of Mens Rea in the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia’ 4. Allison Marston Danner and Jenny S. Martinez (2006), ‘Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law’ 5. Dapo Akande (2004), ‘International Law Immunities and the International Criminal Court’ 6. Charles Garraway (1999), ‘Superior Orders and the International Criminal Court: Justice Delivered or Justice Denied’ 7. Theodor Meron (2004), ‘Procedural Evolution in the ICTY’ 8. Gideon Boas (2001), ‘Creating Laws of Evidence for International Criminal Law: The ICTY and the Principle of Flexibility’ 9. Megan Fairlie (2004), ‘The Marriage of Common and Continental Law at the ICTY and its Progeny, Due Process Deficit’ 10. Mirjan Damaška (2001), ‘The Shadow Side of Command Responsibility’ 11. Alexander Zahar (2001), ‘Command Responsibility of Civilian Superiors for Genocide’ 12. Wibke Kristin Timmermann (2006), ‘Incitement in International Criminal Law’ 13. Nancy Amoury Combs (2002), ‘Copping a Plea to Genocide: The Plea Bargaining of International Crimes’ PART II RULE OF LAW, AMNESTY AND ALTERNATIVES TO PROSECUTION 14. Diane F. Orentlicher (1991), ‘Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime’ 15. Louise Mallinder (2010), ‘Beyond the Courts? The Complex Relationship of Trials and Amnesties’ 16. Jeremy Sarkin (2001), ‘The Tension Between Justice and Reconciliation in Rwanda: Politics, Human Rights, Due Process and the Role of the Gacaca Courts in Dealing with the Genocide’ 17. William A. Schabas (2003), ‘The Relationship Between Truth Commissions and International Courts: The Case of Sierra Leone’ 18. Anja Seibert-Fohr (2003), ‘The Relevance of the Rome Statute of the International Criminal Court for Amnesties and Truth Commissions’ Volume III Acknowledgements An introduction to all three volumes by the editor appears in Volume I PART I THE AD HOC AND ‘HYBRID’ TRIBUNALS, AND NATIONAL SYSTEMS 1. M. Cherif Bassiouni (1994), ‘The Commission of Experts Established pursuant to Security Council Resolution 780: Investigating Violations of International Humanitarian Law in the Former Yugoslavia’ 2. Patricia M. Wald (2001), ‘The International Criminal Tribunal for the Former Yugoslavia Comes of Age: Some Observations on Day-to-Day Dilemmas of an International Court’ 3. Daryl A. Mundis (2005), ‘The Judicial Effects of the “Completion Strategies” on the Ad Hoc International Criminal Tribunals’ 4. David Wippman (2006), ‘The Costs of International Justice’ 5. Mirko Klarin (2004), ‘The Tribunal’s Four Battles’ 6. William A. Schabas (2009), ‘Anti-Complementarity: Referral to National Jurisdictions by the UN International Criminal Tribunal for Rwanda’ 7. Laura A. Dickinson (2003), ‘The Promise of Hybrid Courts’ 8. Mark S. Ellis (2004), ‘Coming to Terms with its Past – Serbia’s New Court for the Prosecution of War Crimes’ 9. Leila Sadat Wexler (1994), ‘The Interpretation of the Nuremberg Principles by the French Court of Cassation: From Touvier to Barbie and Back Again’ PART II THE INTERNATIONAL CRIMINAL COURT 10. Olympia Bekou and Robert Cryer (2007), ‘The International Criminal Court and Universal Jurisdiction: A Close Encounter?’ 11. William W. Burke-White (2008), ‘Proactive Complementarity: The International Criminal Court and National Courts in the Rome System of International Justice’ 12. Andrew T. Cayley (2008), ‘The Prosecutor’s Strategy in Seeking the Arrest of Sudanese President Al Bashir on Charges of Genocide’ 13. Allison Marston Danner (2003), ‘Enhancing the Legitimacy and Accountability of Prosecutorial Discretion at the International Criminal Court’ 14. Margaret M. deGuzman (2009), ‘Gravity and the Legitimacy of the International Criminal Court’ 15. Mohamed El Zeidy (2002), ‘The United States Dropped the Atomic Bomb of Article 16 of the ICC Statute: Security Council Power of Deferrals and Resolution 1422’ 16. Silvia A. Fernández de Gurmendi and Håkan Friman (2000), ‘The Rules of Procedure and Evidence of the International Criminal Court’ 17. Valerie Oosterveld, Mike Perry and John McManus (2002), ‘The Cooperation of States with the International Criminal Court’ 18. Sienho Yee (1996), ‘A Proposal to Reformulate Article 23 of the ILC Draft Statute for an International Criminal Court’ 19. David J. Scheffer (2001), ‘A Negotiator’s Perspective on the International Criminal Court’ 20. William A. Schabas (2000), ‘Life, Death and the Crime of Crimes: Supreme Penalties and the ICC Statute’ 21. Ray Murphy (2006), ‘Gravity Issues and the International Criminal Court’ 22. Rod Rastan (2008), ‘What is a “Case” for the Purpose of the Rome Statute?’ 23. Nicolaos Strapatsas (2002), ‘Universal Jurisdiction and the International Criminal Court’ 24. Carsten Stahn (2005), ‘Complementarity, Amnesties and Alternative Forms of Justice: Some Interpretative Guidelines for the International Criminal Court’ 25. Carsten Stahn, Mohamed M. El Zeidy and Héctor Olásolo (2005), ‘The International Criminal Court’s Ad hoc Jurisdiction Revisited’ 26. M. Cherif Bassiouni (2010), ‘Perpectives on International Criminal Justice’

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Book SynopsisThis book addresses age-based persecution of children as a crime against humanity in connection with genocide, crimes against humanity and war crimes (persecution - with some variation in the elements of the crime - is an existing offence under the Rome Statute of the permanent International Criminal Court, the statutes of various international criminal tribunals i.e. International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia and under the statutes of other international criminal courts (i.e. the Special Court of Sierra Leone)). The book introduces a completely original concept in international criminal law, however, in discussing age-based persecution of children as an international crime against humanity where (i) the particular discrete child collective is targeted ‘as such’ for international atrocity crimes or (ii) individual children are targeted based on their age-based group identity as it intersects with other perpetrator – targeted characteristics such as gender, ethnicity, religion etc.Table of Contents1 Introduction.- 2 International Atrocity Crimes Targeting Children and Lacunae in Charging Under International Criminal Law.- 3 Age-Based Persecution Targeting Children.- 4 The Persecution of Children in Connection with Genocide.- 5 The Persecution of Children ‘In Connection With’ Crimes Against Humanity.- 6 The Persecution of Children ‘In Connection With’ War Crimes: Selected Exemplars.- 7 Concluding Remarks: The Persecution of Children as a Rome Statute Prosecutable Crime Against Humanity.

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Book SynopsisThis casebook addresses selected precedent-setting rulings of various international human rights and international criminal courts with a focus on the child victims of international crimes and human rights abuses. The cases are analysed from the children’s human rights perspective and the question is examined as to what extent the aforementioned courts are according these children justice. The scope of the book is thus limited to the consideration of these representative important cases concerning violations of (a) international human rights and humanitarian law and (b) international criminal law involving child victims and the judicial remedies accorded or denied these victims and their family members. This is not in any way to diminish the suffering and importance of the adult victims of violations of fundamental human rights and grave international crimes. Rather, the book is intended to deal with the restricted and largely neglected topic of to what extent international courts are attending to the implications of there being child victims with respect to the courts’ addressing and handling of, among other matters, the following: (a) the con?rmation of charges relating to child-speci?c international crimes (i. e. recruitment of child soldiers, forced child marriage etc.Table of ContentsAn Introduction to the Organizational Structure, Enabling Statutes or Conventions, Case Processing Procedure, and Jurisdiction of the International Courts.- The Inter-American Human Rights System.- European International Human Rights Court System.- The International Ad Hoc Criminal Courts of Rwanda and the Territory of the Former Yugoslavia.- The Special Court of Sierra Leone.- The International Criminal Court.- The International Human Rights Courts.- Inter-American Court of Human Rights.- European Court of Human Rights.- The International Ad Hoc Criminal Courts.- International Criminal Tribunal for Rwanda.- International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of Former Yugoslavia Since 1991.- The International Hybrid Criminal Courts.- The Special Court for Sierra Leona.- The Special Court for Sierra Leona.- The International Criminal Court (The Hague).- Case 9: The Prosecutor v. Thomas Lubanga Dyilo (Democratic Republic of the Congo).

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Book SynopsisCentral to this book is the concept of humanity in international law. It traces the evolution of that concept within international law, studies the existing theories of crimes against humanity, and lays out its own theory based on an inclusive view of “humanity”. Crimes against humanity are core crimes under international law; their modern definition is found in the Rome Statute. However, their protective scope remains unclear, with the exact meaning of “humanity” left undefined in law.The proposed theory argues that “humanity” should be understood as “humanness” and crimes against humanity should be criminalised because humanness constitutes these crimes’ valid protected interest. This volume in the International Criminal Justice Series offers an analysis of the German doctrine of Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels.This is the first monograph on crimes against humanity written by an author from the Commonwealth of Independent States (CIS) aimed at an international audience, and should constitute a useful tool for academics, students and practitioners of international law.Rustam Atadjanov, LLB, LLM, Dr.jur., attained his Ph.D. at the University of Hamburg in Germany and is a former Legal Adviser to the Regional Delegation of the International Committee of the Red Cross in Central Asia, Tashkent, Uzbekistan.Table of ContentsIntroduction.- Main Substantive Terms, Their Basic Differences and Links, and Leading Working Hypothesis.- Historical Overview of the Development of the Concept of Humanityin International Law and Crimes against Humanity.- “Humanity” within the Contemporary Context of International Law Dealing with Crimes against Humanity.-“Humanity” as a Valid Protected Interest under the Rechtsgutstheorie.- The Protected Legal Interests of Crimes against Humanity and Other Core Crimes under International Law: A Comparative Analysis.- Conclusion.

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Book SynopsisChapter One Introduction.- Chapter Two Theoretical Approaches of Transitional Justice.- Chapter Three The Case of Uganda: A Fusion of Domestic Transitional Justice and International Criminal Law.- Chapter Four Actor Oriented Analysis of Accountability Mechanisms in Uganda.- Chapter Five Achieving Transitional Justice in Myanmar Between Accountability and National Reconciliation.- Chapter Six Mapping NGO Work in Myanmar Impact of Transnational NGO Networks.- Chapter Seven Synthesising the Two Cases.- Chapter Eight Concluding Remarks.

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

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Assessing the LongTerm Impact of Truth | BookCurl

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

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

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