Public international law: criminal law Books

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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