Public international law: criminal law Books

Book SynopsisThere have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC's complimentary jurisdiction? How have powerful states supported these courts and how have they undermined them?In succeeding in punishing a number of high-profile cases, the tribunals arguably constitute what Habermas called communicative action that expresses the aspirations and nascent norms of international society. Beyond the confines of a specific ofTrade ReviewIn Trials and Tribulations, Carey and Mitchell have assembled a compelling array of essays by distinguished scholars. Their volume’s well-crafted chapters explore the various factors affecting the outcomes of international humanitarian and criminal law prosecutions. In so doing, the collected works advance the laudable trend in recent international criminal justice scholarship toward assessing international tribunals’ efficacy. The contributors offer an appropriately pragmatic perspective on the limitations encountered by the 'international criminal justice model,' highlighting the range of impediments to international courts' achievements of their respective mandates. This comprehensive and lucid volume makes a valuable contribution to an evolving, critically important literature. -- Robert J. Beck, University of Wisconsin-MilwaukeeTable of ContentsIntroduction Part I: Thematic Studies Chapter 1: Customary Law and the Ad Hoc International Criminal Courts James Larry Taulbee Chapter 2: The Joint Criminal Enterprise Debate and the Case of Charles Taylor: The Politics of International Criminal Tribunal Law Kelly-Kate Pease Chapter 3: Prosecuting Recruitment of Child Combatants by the Special Court for Sierra Leone: Precedents and Problems Kimberly Lanegran Chapter 4: Song as a Crime Against Humanity: The First International Prosecution of a Pop Star Susan Benesch Chapter 5: Seeking Justice and Accountability: The Dilemmas of Humanitarian Law and Human Rights NGOs Mahmood Monshipouri Chapter 6: Peace v. Justice: The Strategic use of International Criminal Tribunals Candace H. Blake-Amarante Chapter 7: Understanding the Alienated Constitutents of International Tribunals: Bridging the Gap Adam M. Smith Chapter 8: Justice, Peace, and Windmills: An Analysis of ‘Live Indictments’ by the International Criminal Court Peter Stoett Chapter 9: Should We Press the Victims? Uneven Support for International Criminal Tribunals Michael D. Thurston Chapter 10: The ICC and R2P: Problems of Individual Culpability and State Responsibility Benjamin N. Schiff Part II: Case Studies Chapter 11: The Tokyo War Crimes Trial Yuki Takatori Chapter 12: Arresting Charles Taylor Beth Dougherty Chapter 13: Hybrid Tribunals and the Rule of Law: War Crimes Chamber of the State Court of Bosnia and Herzegovina Olga Martin-Ortega Chapter 14: A Necessary Compromise or Compromised Justice? The Extraordinary Chambers in the Courts of Cambodia Johanna Herman Chapter 15: Special Tribunal for Lebanon Kathleen Barrett Chapter 16: Comparing Formal and Informal Mechanisms of Acknowledgement in Uganda Joanna Quinn Chapter 17: Restorative Justice, RPF Rule and the Success of Gacaca Stacey M. Mitchell Chapter 18: Gacaca and the Treatment of Sexual Offenses Prisca Uwigabye Chapter 19: Guilty as Charged: The Trial of Former President Alberto Fujimori for Human Rights Violations Jo-Marie Burt Chapter 20: Afterword Henry F. Carey

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Book SynopsisFounded by the late Otto Triffterer this leading commentary contains a detailed article-by-article analysis of the Rome Statute of the International Criminal Court (ICC) by eminent legal practitioners and scholars in the field of international criminal law. The commentary explains the content of the various articles in a broader sense, including their drafting history, their impact on International Criminal Law, and their relation to other sources of the ICC such as the Rules of Procedure and Evidence, and the Regulations of the Court and the Prosecution. The fourth edition has been thoroughly revised, updated and complemented with further resources. It contains up-to-date case law (including a Table of Cases), literature and legislative developments at the ICC in a clearly structured manner, and will continue to provide a useful guide for both practitioners and academics in various capacities.Trade ReviewLike its predecessors, the commentary’s fourth edition will guide academics and practitioners with great clarity through the exceedingly complicated maze of international criminal law … when international criminal lawyers turn to the red and gold opus on their desk(top), they can be reassured that Ambos and his pristine team of authors provide answers or at least starting points for research on any question this field throws at them. -- Fin-Jasper Langmack * Criminal Law and Criminal Justice Books *

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Book SynopsisSeeing the role of transitional justice as an area of contestation, this book focuses on the principle of equality guaranteed in the access to transitional justice mechanisms. By raising women’s experiences in dealing with the law and policies as well as the implications of community and family practices during post-conflict situations, the book shows how these mechanisms may have been implemented mechanically, without considering the different intersections of discrimination, the public and private divides that exist in the local context or the stereotypes and values of international and national actors. The book argues that without unpacking the barriers in the administration of transitional justice, the different mechanisms that are implemented in a post-conflict situation may set a higher threshold for the participation of women. Moreover, by taking into account women’s perceptions of justice, it further argues that scholars have paid insufficient attention to the welfare structures that are produced after a conflict, particularly the pensions of veterans. Going beyond the focus on sexual violence, a relationship between the violations and post-conflict economic justice may have longer-term consequences for women since it perpetuates their inequality and lack of recognition in times of peace. The use of transitional justice may thus exacerbate the invisibility of and discrimination against certain sections of the population. Inspired by the work of Hannah Arendt and based on extensive field research in Timor-Leste, the book has larger implications for the overarching debate on the social consequences of transitional justice.Trade ReviewA superb subtle analysis of transnational justice of women in Timor-Leste that combines detailed ethnological investigation with sophisticated theoretical analysis. A major contribution to the study of the complexities of the theory and practice of transnational justice. * Richard J Bernstein, New School for Social Research *Based on extensive fieldwork that involved interviewing women and policy-makers, this book offers innovative insights on the design and implementation of transitional justice in Timor-Leste (East Timor). Dr Perez Vasquez offers a masterful and critical overview of transitional justice laws and policies and the extent to which these are impacted by community and family relationships. A unique guide for academics and policy-makers wanting to understand the unfolding of transitional justice in local contexts as well as women's experiences in conflict and post-conflict situations. * Gentian Zyberi, Norwegian Centre for Human Rights, University of Oslo *Table of Contents1. Introduction: ‘The Blind Letters’ I. Transitional Justice: A Brief Overview II. Women’s Rights within Transitional Justice III. A Feminist Research IV. Ethics of the Research Undertaken V. Structure 2. Transitional Justice in Timor-Leste: ‘Loron Loron, Kalan Kalan’ I. The Background: History of Timor-Leste II. International Legal Framework III. Human Rights Violations IV. On Justice Received V. Access to Transitional Justice VI. Women’s Participation in Transitional Justice VII. Barriers Faced by Women When They Access Transitional Justice VIII. Conclusions 3. Silence and Memory: ‘They are Waiting for Us to Die’ I. Women’s Silence and Lack of Recognition after a Conflict II. On Women’s Silence in Timor-Leste III. On Memory: Hyper-Masculinisation of Society and National Identity IV. The Continuum of Violations against Women V. What Women Want VI. Conclusions 4. Women and Prosecution: ‘We Captured the Dogs But Not the Owners of the Dogs’ I. Prosecutions in Timor-Leste II. The Legislation III. Accounts of Crimes Committed against Women IV. The Public: The Investigations V. The Public: The Proceedings VI. The Private Interference VII. Sentences, Women and the Follow-Up VIII. Conclusions 5. Women, Truth and Reconciliation: ‘Here Comes the Victim’ I. The CAVR II. Focus of the CAVR on Women III. The CTF and its Focus on Women IV. Women’s Participation V. Different Reconciliation Discourses VI. Women’s Healing and the Understanding of Truth VII. Women’s Recognition and Political Follow-Up VIII. Conclusions 6. Women’s Access to Reparations: ‘Men Were the Most Affected’ I. The Complexity of Reparations II. Reparations Provided by the UN, Including the Special Panels III. Reparations Provided by the Truth Commissions IV. Reparations Established in the Chega! Report V. Reparations Provided by the Timorese State VI. The Way Forward VII. Conclusions 7. Women’s Access to Post-conflict Benefits: ‘Because I Did Not Hold a Gun’ I. DDR, Veterans’ Pensions and the Exclusion of Women II. The Veterans’ Pensions in Timor-Leste III. The Veterans’ Pension Law and Discrimination against Women IV. The Implementation: Local Committees of Veterans and the Private Dynamics V. Getting More Private: The Pensions within the Family VI. (Un)Expected Effects of the Timorese Veterans’ Pensions VII. The Limits of the Discourse on Rights VIII. Conclusions 8. Conclusions: ‘So it Does Not Happen Again’

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Book SynopsisThis is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor’s Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.Table of Contents1. History, Principles and Institutions: The Constitutionalisation of EU Criminal Law 2. Substantive Criminal Law: From Securitised to Functional Criminalisation 3. Ne Bis in Idem and Conflicts of Jurisdiction Valmasis Mitsilegas and Fabio Giuffrida 4. Mutual Recognition and Mutual Trust 5. Legislating for Human Rights: The EU Legal Framework on the Rights of Individuals in Criminal Proceedings 6. The Place of the Victim in Europe’s Area of Criminal Justice 7. The Uneasy Relationship between EU Criminal Law and Citizenship of the EU 8. Bodies, Offices and Agencies Valsamis Mitsilegas and Fabio Giuffrida 9. Databases Valsamis Mitsilegas and Niovi Vavoula 10. The EU and the Global Governance of Crime 11. The External Dimension of Mutual Trust: Transatlantic Counter-terrorism Cooperation 12. EU Criminal Law aft er Brexit

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Book SynopsisIn The Trial of Hissein Habré: The International Crimes of a Former Head of State, Emmanuel Guematcha recounts the trial of Hissein Habré, the former Head of State of Chad. Accused of committing crimes against humanity, war crimes, and torture while he ruled Chad between 1982 and 1990, he was tried and sentenced to life imprisonment in 2016 and 2017 by the African Extraordinary Chambers. Guematcha examines the process that led to this achievement in Africa, including the failed attempts to try Hissein Habré in the Senegalese, Chadian, and Belgian courts. Guematcha discusses the mobilization of victims and the involvement of non-governmental and international organizations. He describes the particularities of the Extraordinary African Chambers, discusses the establishment of Hissein Habré's criminal responsibility, and presents the trial through the testimonies of several victims, witnesses, and experts. These testimonies shed light on what it means for individuals to be subjected to international crimes. The author also questions the impact and significance of the trial in Africa and beyond.Trade Review"The Trial of Hissène Habre is a reference book in the field of international criminal law. The author of this book, an academic from Africa, provides a well-documented account on the continental contribution to this branch, in addition to that already made in the adoption and the implementation of the Rome Statute of the ICC. This book illustrates the complementary role of regionalism in addressing the global challenge of impunity. For all these reasons, I would like to recommend it to academics, students, and practitioners interested in this matter." -- Mutoy Mubiala, University of KinshasaTable of ContentsAcknowledgments List of key abbreviationsChapter 1. The Tortuous Paths to the Trial of Hissein HabréChapter 2. The Construction of the Legal Framework of the Hissein Habre Trial: The Extraordinary African Chambers (EAC)Chapter 3. The Investigation PhaseChapter 4. The Trial in the CourtroomChapter 5. The Context of the Commission of the Crimes: The History of Chad in the TrialChapter 6. The Machinery of Crimes and the Central Role of the DDS (Directorate of Documentation and Security)Chapter 7. Victims Sharing Their Experiences of International Crimes: Repetitive Pattern of the Process of Crimes Reported by SurvivorsChapter 8. Consequences and Sequels of CrimesChapter 9. Was Hissein Habré Criminally Responsible?Chapter 10. The JudgmentChapter 11. The AppealChapter 12. Beyond Individual Responsibility: Was the Hissein Habré Trial a Contribution for Social Peace and Reconciliation in Chad?Chapter 13. The Hissein Habré’s Trial Significance in the Global Fight against Impunity in Africa: African Justice or Foreigners JusticeConclusion: Human Criminal JusticeBibliography

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Book SynopsisIn Autonomy and Cooperation, noted legal scholar Dimitris Liakpolous explores the content of powers attributed by the Statute of Rome to United Nations Security Council. It begins by investigating the power to activate the investigations of the prosecutor before examining the power to suspend judicial activity. The book then defines the characteristics of Security Council intervention in the context of cooperation and judicial assistance and examines prerogatives regarding the crime of aggression. The study concludes with an appreciation of the effect of Security Council action on the jurisdictional activity of the International Criminal Court. Final considerations aim to examine the relevance of the possible coordination models of the action of the two bodies, proposed during this introduction, in defining the forms that the interactions between the two bodies.

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Book SynopsisThis book examines the relationship between governments and international organizations under international law. After surveying the policing powers of international organizations under international law, it illustrates some normative aspects of law that distinguish regulation from enforcement via study of recent legal cases before international judicial bodies. According to Dimitris Liakopoulos’s expert analysis, if the two provisions codify the same general rule, the peculiarities of the relationship between an international organization and individual governments mean that sanctions decline when measured against the hypothesis that the latter facilitate an organization’s violation of its obligations to all. The book concludes with peculiarities in the enforcement of international law by international organizations.

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Book SynopsisThis book evaluates the resting pulse of national and international criminal justice in conjunction with the actual definition of the truth which burdens prosecutors. Prosecutors have several valuable, yet inconspicuous tasks which are significant to criminal procedure. In criminal justice, the conscience of justice is based on the pursuit of the truth by following the evidence. As a rule of genuine judgment, we seek to discuss the principle of truth and its enforcement in the proceedings of criminal justice. The perception of moral law and its imperative function governing the theory of ethical obligations, responsibilities, and duties of the prosecutor in the criminal jurisdiction therefore represent the primary starting point for all of our judgments. Prosecutors should actively ensure that both powerful and powerless criminals are brought to justice. The main objective of the statute of the permanent International Criminal Court (ICC) claims to uphold the high moral precedent which must be set by the Office of the Prosecutor. However, the actual practice of the ICC has instead led to millions of deaths, including those of innocent children, as well as to the destruction of countries whose protection is not considered to be in "the interest of justice". If the ICC wishes to establish justice for victims, then the deterrence of impunity for any criminal should be its priority. The ICC should not become a pawn of the political superpowers or the platform through which prosecutors can misuse classified documents to serve their personal interests. The ultimate nature of justice cannot be comprehensive if impartial validity is not the permanent foundation of the core pillars in all criminal proceedings. This book is recommended to anyone who concerns themselves with legal questions of international criminal justice and its efficacy.Table of ContentsPreface; Rules for Prosecutors; Safeguarding the Mentality of Criminal Justice; Equitable Ethical Approach; Inappropriate Conduct of Prosecutors; Moral Judgements of the Prosecutor of the International Criminal Court; Ventriloquizing Prosecutors; Burden Proof of Prosecutors Conducts; Conclusion; Appendix; Bibliography.

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Book SynopsisThis 42nd volume of annotated leading case law of international criminal tribunals contains decisions taken by the International Criminal Tribunal for Rwanda in 2010. The book contains the full text of the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. Distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 42) [Subject: Criminal Law, International Law, Human Rights Law]Table of ContentsTABLE OF CONTENTS Table of Contents Preface Part 1/ Procedural Matters 1. Evidentiary Matters/ Witnesses Decision on Joseph Nzirorera's and the Prosecutor's Appeals of Decision not to Prosecute Witness BTH for False Testimony, Karemera et al. v. Prosecutor, Case No. ICTR-98-44-AR91.2, A. Ch., 16 February 2010 Dissenting Opinion of Judge Patrick Robinson Decision on Joseph Nzirorera's Motion to Subpoena Paul Rusesabagina, Prosecutor v. Karemera et al., Case No. ICTR-98-44-T, T. Ch. III, 22 February 2010 Decision Regarding Ntahobali, Nyiramasuhuko, and Kanyabashi's Motion to Transmit the Amicus Curiae Report, Prosecutor v. Nyiramasuhuko et al., Case No. ICTR-97-21-T, T. Ch. II, 4 March 2010 Decision on Prosecutor's Interlocutory Appeal of Decision not to Admit Marcel Gatzinzi's Statement into Evidence Pursuant to Rule 92bis, Prosecutor v. Nizeyimana, Case No. ICTR-00-55C-AR73.2, A.Ch., 8 March 2011 Commentary Maria Kaiafa-Gbandi and Evangelia Sarikaki 2. State Cooperation and Undue Delay Decision on Defence Motion to Reconsider Prior Trial Chamber Decisions on France's Cooperation with the Tribunal, Prosecutor v. Nzabonimana, Case No. ICTR-98-44D-T, T. Ch. III, 4 March 2010 Decision on Prosper Mugiraneza's Fourth Motion to Dismiss Indictment for Violation of Right to Trial without Undue Delay, Prosecutor v. Bizimungu et al., Case No. ICTR-99-50-T, T. Ch. II, 23 June 2010 Partially Dissenting Opinion of Judge Emile Francis Short Commentary Marjolein Cupido Commentary Marjolein Cupido 3. Relation with Rwanda Decision on Aloys Ntabakuze's Motion for Injunctions against the Government of Rwanda Regarding the Arrest and Investigation of Lead Counsel Peter Erlinder, Prosecutor v. Bagosora et al., Case No. ICTR-98-41-A, A. Ch., 6 October 2010 Commentary Roland Moerland 4. Cautioning the Parties Decision on Defence Motion to Reconsider Scheduling Order, Prosecutor v. Ndahimana, Case No. ICTR-2001-68-T, T. Ch. III, 21 October 2010 Separate Opinion of Judge Florence Rita Arrey Commentary Gerard Mols Part 2/ Judgements Judgement, Prosecutor v. Muvunyi, Case No. ICTR-00-55A-T, T. Ch. III, 11 February 2010 Commentary David Taylor Judgement and Sentence, Prosecutor v. Setako, Case No. ICTR-04-81-T, T. Ch. I, 25 February 2010 Commentary Caroline Fournet Judgement, Nshogoza v. Prosecutor, Case No. ICTR-2007-91-A, A. Ch., 15 March 2010 Partially Dissenting Opinion of Judge Patrick Robinson Partially Dissenting Opinion of Judge Mehmet Guney Commentary Michele Panzavolta Judgement, Nchamihigo v. Prosecutor, Case No. ICTR-2001-63-A, A. Ch., 18 March 2010 Joint Partly Dissenting Opinion of Judges Pocar and Liu Partly Dissenting Opinion of Judge Pocar Commentary Maria Nybondas Judgement, Bikindi v. Prosecutor, Case No. ICTR-01-72-A, A. Ch., 18 March 2010 Commentary Cedric Ryngaert Judgement and Sentence, Prosecutor v. Munyakazi, Case No. ICTR-97-36A-T, T. Ch. I, 5 July 2010 Commentary Yuliya Mik Judgement and Sentence, Prosecutor v. Ntawukulilyayo, Case No. ICTR-05-82-T, T. Ch. III, 3 August 2010 Separate Dissenting Opinion of Judge Akay Commentary Yannis Naziris Judgement, Rukundo v. Prosecutor, Case No. ICTR-2001-70-A, A. Ch., 20 October 2010 Partially Dissenting Opinion of Judge Pocar Commentary Boris Burghardt Judgement, Kalimanzira v. Prosecutor, Case No. ICTR-05-88-A, A. Ch., 20 October 2010 Partially Dissenting and Separate Opinion of Judge Pocar Commentary Jackson Maogoto Index Contributors and Editors

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Book SynopsisThis forty-third volume of annotated leading case law of international criminal tribunals contains decisions taken by the Extraordinary Chambers in the Courts of Cambodia between 2007 and 2010. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions.

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Book SynopsisGenocidal Gender and Sexual Violence tackles an important and highly topical issue. The author examines how the experiences of victims of genocidal gender and sexual violence have been addressed on a theoretical and practical level. This study investigates the contribution of feminist legal theories in naming and addressing gender and sexual violence. It questions the legacy of the ICTR and Rwanda's domestic judicial initiatives from the perspective of the complex realities of victims' experiences. The research central focus is the question whether the genocidal character of gender and sexual violence in the case of Rwanda has been theorised and judged as such. The author's training for Inyangamugayo - gacaca judges - contributes to a wider understanding of the complexity of victims' experiences. This complex reality is further elaborated on and explored practically through an analysis of the legacy of post-genocide judicial mechanisms for Rwanda in naming and condemning genocidal gender and sexual violence.Table of ContentsINTRODUCTION 1.1 Introduction 1.2 The Research Problem and Research Questions 1.3 Research Objectives and the Study Method 1.4 Research Originality 1.5 Definition of Key Terms 1.5.1 Genocide 1.5.2 Genocidal Gender and Sexual Violence 1.5.3 Crimes Against Humanity 1.5.4 Serious Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II 2 FRAMEWORK AND OVERVIEW 2.1 Introduction 2.2 Historical Overview 2.2.1 Ethnicity Debates on Rwanda 2.2.2 Rwandan History 2.2.2.1 An Overview 2.2.2.2 Hutu-Tutsi: the Social Class Narrative 2.2.2.3 Colonisation: the Invention of Ethnicity 2.2.2.4 Ethnicity in the First and Second Republics 2.2.2.5 Ethnicity in Rwandan Laws 2.2.2.6 Concluding Remarks 2.3 Introduction to Theory 2.3.1 Overview of Applicable Feminist Theory 2.3.2 Introducing Feminist Debates on Genocidal Rape 2.4 Introduction to Post-Genocide Legal Responses 2.4.1 The International Criminal Tribunal for Rwanda 2.4.1.1 The Establishment of the ICTR 2.4.1.2 The Structure of the Tribunal 2.4.1.3 The Jurisdiction of the ICTR 2.4.1.4 ICTR Rules of Procedure and Evidence Relating to Gender and Sexual Violence 2.4.2 Rwanda's Ordinary Courts 2.4.2.1 The Quest for a Judicial Response 2.4.2.2 The Normative Framework 2.4.2.3 Structure and Functioning of Specialised Chambers 2.4.2.4 Categorisation 2.4.2.5 Confession and Guilty Plea 2.4.3 Gacaca Courts 2.4.3.1 The Establishment of Gacaca Courts 2.4.3.2 Objectives of Gacaca Courts 2.4.3.3 Structure and Jurisdiction 3 THE RWANDAN EXPERIENCE: A COMPLEX REALITY 3.1 Gendered Genocidal Discourse: A Precursor to Genocide 3.2 The Scope and Nature of Gender and Sexual Violence 3.3 The Complex Reality as Seen from the Training 3.3.1 Introduction, Context and Method of the Training 3.3.2 Sharing Genocidal Experiences of Victims 3.3.3 The Dilemmas: Reflections and Impressions 3.3.3.1 The Complex Reality and Challenges on the Legal Platform 3.3.3.2 Theoretical Challenges 4 FEMINIST THEORY 4.1 General Overview of Feminist Theories 4.1.1 Liberal Feminists 4.1.2 Radical Feminists 4.1.3 Cultural Feminists 4.2 A Feminist's General View on Gender and Sexual Violence 4.3 Overview of African Feminism 4.4 African Feminism and Gender and Sexual Violence 4.5 Gender and Sexual Violence in War and Genocide: A Feminist Debate 4.6 Concluding Remarks 5 THE LEGACY OF THE ICTR 5.1 Introduction 5.2 Prosecutor v. Jean Paul Akayesu 5.2.1 Background 5.2.2 The Amended Indictment 5.2.3 The Akayesu Trial and Judgment 5.2.3.1 Findings on Rape and Sexual Violence 5.2.3.2 Discussion and Ruling on Genocidal Gender and Sexual Violence 5.2.3.3 Ruling on Rape and Sexual Violence as Crimes against Humanity 5.2.4 Analysis of the Akayesu Case 5.3 The Prosecutor v. Muhimana 5.3.1 Background 5.3.2 The Muhimana Indictment 5.3.3 Factual and Legal Findings 5.3.4 Muhimana Case Analysis and Comment 5.3.5 Muhimana Concluding Remarks 5.4 The Prosecutor v. Nyiramasuhuko et al. 5.4.1 Background 5.4.2 The Amended Indictment and the Alleged Facts 5.4.3 Factual and Legal findings 5.4.4 The Court's Opinion on Rape as Genocide 5.4.5 Analysis of the Nyiramasuhuko Case 5.4.5.1 Defective Indictment for Genocidal Gender Rape and Sexual Violence 5.4.5.2 Female Perpetrators 5.4.5.3 Gender Discourse in Nyiramasuhuko's Defence 5.4.5.4 Complexity of Testifying: Witness TA's Experience 5.4.6 Final and Concluding Remarks 5.4.6.1 Legacy on Gender and Sexual Violence against Tutsi Men and Boys 5.4.6.2 Remarks on the Defect in not Charging Genocidal Gender and Sexual Violence 5.4.6.3 Final Concluding Remarks for Chapter 5 6 THE LEGACY OF THE ORDINARY COURTS IN RWANDA 6.1 Introduction 6.2 Gender and Sexual Violence in the Legislative Narrative 6.2.1 Rape in the Government's Draft Organic Law 6.2.2 Parliamentary Discourse: Rape vs. Sexual Torture 6.3 Prosecuting Rape and Sexual Torture 1996-2008 6.3.1 Introductory Remarks 6.3.2 The Legacy of the Ordinary Courts 6.4 Guilty Pleas and their Impact on Rape and Sexual Torture 6.5 Conclusion 7 THE LEGACY OF THE GACACA COURTS 7.1 Gacaca Justice and Gender and Sexual Violence Crimes 2001-2007 7.1.1 Introduction 7.2 The Functioning of the Gacaca Courts: Their Impact on Victims of Gender Violence 7.2.1 Information Gathering 7.2.2 Confessions and a Guilty Plea 7.3 Gacaca Trials 7.3.1 Why the Gacaca Courts Became Competent to Try Rape and Sexual Torture 7.3.2 Introduction to Amendment 13/2008 7.3.3 Parliamentary Discussions on Amendment 13/2008 7.3.4 Organic Law No. 13/2008 and Regulation No. 16/2008 7.3.5 The Gacaca Courts' Adjudication of Rape and Sexual Trials 7.3.6 Conclusion 8 SUMMARY AND RECOMMENDATIONS 8.1 Summary 8.2 Recommendations Samenvatting (Summary in Dutch) Bibliography Table of Cases Curriculum Vitae

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Book SynopsisThis forty-sixth volume of annotated leading case law of international criminal tribunals contains decisions taken by Special Court for Sierra Leone 1 January 2008 - 18 March 2009. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included.

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Book SynopsisThis forty-fifth volume of annotated leading case law of international criminal tribunals contains decisions taken by the SCSL in the years 2006-2007. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included.

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Book SynopsisThis forty-seventh volume of annotated leading case law of international criminal tribunals contains decisions taken by Special Court for Sierra Leone 2009 - 2012. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included.

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Book SynopsisActs perpetrated during the course of warfare have, through the ages, led to significant environmental destruction. These have included situations where the natural environment has intentionally been targeted as a 'victim', or has somehow been manipulated to serve as a 'weapon' of warfare. Until recently, such acts were generally regarded as an unfortunate but unavoidable element of armed conflict, despite their potentially disastrous impacts. The existing international rules have largely been ineffective and inappropriate, and have in practical terms done little to deter deliberate environmental destruction, particularly when measured against perceived military advantages. However, as the significance of the environment has come to be more widely understood and recognised, this is no longer acceptable, particularly given the ongoing development of weapons capable of widespread and significant damage. This book therefore examines the current international legal regime relevant to the intentional destruction of the environment during warfare, and argues that such acts should, in appropriate circumstances, be recognised as an international crime and should be subject to more effective rules giving rise to international criminal responsibility. It also suggests a framework within the Rome Statute of the International Criminal Court as to how this might be achieved.Table of ContentsCONTENTSIntroductionChapter One: The Imperative to Regulate the Intentional Destruction of the Environment during Warfare under International Criminal Law 1.1. Introduction - Intentional Environmental Destruction as a Part of Warfare 1.2. Impact of Environmental Destruction on Human Security and Conflict 1.3. Intentional Targeting of the Environment during Warfare and the Development of International Criminal Justice 1.4. The Need for Legal Regulation 1.4.1. National Law 1.4.2. Regional Law 1.4.3. International Law, Armed Conflict and the Environment 1.5. International Criminal Law as a Regulatory Mechanism 1.6. Could State Criminal Responsibility Apply? 1.6.1. State Criminal Responsibility? 1.6.2. Individual Criminal Responsibility 1.7. Key Questions Chapter Two: Regulation of the Intentional Destruction of the Environment during Warfare under Treaty Law 2.1. Introduction - Treaties under International Law 2.2. International Humanitarian Law (Jus in Bello) - Relevant Treaty Provisions 2.2.1. 1868 St. Petersburg Declaration 2.2.2. 1899 Hague Conference Conventions and Declarations 2.2.3. 1907 Hague Convention IV Respecting the Laws and Customs of War on Land 2.2.4. 1925 Geneva Protocol for the Prohibition of the Use in Warof Asphyxiating, Poisonous and Other Gases, and of Bacteriological Methods of Warfare 2.2.5. 1949 Geneva Conventions 2.2.6. 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 2.2.7. 1972 Biological Weapons Convention 2.2.8. 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques 2.2.9. 1977 Additional Protocol I 2.2.10. 1981 Certain Conventional Weapons Convention 2.2.11. 1993 Chemical Weapons Convention 2.2.12. 1997 Ottawa Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction 2.2.13. 1999 Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 2.3. Applicability of International Environmental Law Treaties 2.3.1. Development of International Environmental Law Treaties 2.3.2. Applicability during Warfare? 2.3.3. Liability and State Responsibility rather than Criminal Responsibility 2.4. Conclusion Chapter Three: Regulation of the Intentional Destruction of the Environment during Warfare under Customary International Law 3.1. Introduction - Customary International Law within International Law 3.2. Fundamental Customary Rules of the Jus in Bello 3.2.1. Principle of Military Necessity 3.2.2. Principle of Distinction 3.2.3. Principle of Proportionality 3.2.4. The Fundamental Customary Jus in Bello Rules are Important but Insufficient 3.3. Additional Protection? ICRC Study - Rules Relating to 'The Natural Environment' 3.3.1. ICRC Study - Rule 43 3.3.2. ICRC Study - Rule 44 3.3.3. ICRC Study - Rule 45 3.4. A General Customary Obligation to Take Account of the Environment during Armed Conflict? 3.5. Conclusion Chapter Four: Regulation of the Intentional Destruction of the Environment during Warfare under the Existing Rome Statute Regime 4.1. Introduction - The Core International Crimes in the Rome Statute 4.2. Finalization of the Rome Statute and Establishment of the ICC 4.3. Jurisdiction of the Court - A Brief Overview 4.4. Applicability of the Rome Statute to the Intentional Destruction of the Environment during Warfare 4.4.1. Intentional Destruction of the Environment as Genocide? 4.4.2. Intentional Destruction of the Environment as a Crime against Humanity?4.4.3. Intentional Destruction of the Environment as a War Crime? 4.4.3.1. Article 8(2)(b)(iv) 4.4.3.2. Other war crimes within article 8 of the Rome Statute4.5. Conclusion Chapter Five: Incorporating Crimes against the Environment into the Rome Statute 5.1. The Need for a Sui Generis Crime of Crimes against the Environment 5.1.1. Revisiting the Imperative to more effectively address the Intentional Destruction of the Environment during Warfare under International Criminal Law 5.1.2. A Sui Generis Crime - Crimes against the Environment 5.1.2.1. Why a Stand-Alone Crime? 5.1.2.2. Why 'During Armed Conflict'? 5.2. Crimes against the Environment - An International Crime? 5.3. Crimes against the Environment - A Definition for the Rome Statute 5.3.1. The Applicable Approach to Defining Crimes against the Environment 5.3.2. Definition of Crimes against the Environment 5.3.2.1. Proposed article 8 ter of the Rome Statute 5.3.2.1.1. Discussion 5.3.2.1.1.1. Paragraph 1 (article 8 ter(1)) 5.3.2.1.1.2. Paragraph 2 (article 8 ter(2)) 5.3.2.2. Associated Amendments to the Rome Statute - see Appendix I 5.3.2.3. Associated Amendments to the Elements of Crimes 5.3.2.3.1. Amendment to the Explanatory Note 5.3.2.3.1.1. Discussion 5.3.2.3.2. Proposed Elements of Crimes for Crimes against the Environment 5.3.2.3.2.1. Discussion 5.4. Comparison with article 8(2)(b)(iv) - 'Righting the Wrongs' 5.5. Procedure for Amending the Rome Statute and the Elements of Crimes 5.6. Final Reflections - A 'Work in Progress' Appendix I Appendix II Bibliography Curriculum Vitae

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Book SynopsisGlobalization is not a new phenomenon. New realities have emerged over the past two decades which have given it greater influence in the affairs of states. This coincided with the increasing inability of states and international organizations to carry out their institutional functions for the common good. This is testing a number of assumptions about the future of human rights and international criminal justice.The changes in state priorities concerning human rights and international criminal justice evidence a subtle change in the values of the international community. This is particularly evident in the enhanced concerns of states with issues of national security as they are perceived in so many different ways. At the same time states' ability to govern and deliver public services are increasingly being challenged.Science and technology dominate the present state of globalization and in some positive ways and have increased human interdependence and interconnectedness but with paradoxical positive and negative effects and outcomes.They enhance the power and wealth of certain states while increasing the gap between those states and others. This gap between the ''haves'' and the ''have nots'' continues to increase. With world population projected to grow from seven to nine billion, with disproportionate availability of food and other resources for those most in need of it, social, economic and political disparities are enhanced. Internal state dysfunction is on the increase as evidenced by the number of failed and failing states among developing and under-developed societies.Globalization has not only enhanced the power and wealth of certain states with resources and technological, including military capabilities, it has also given these states a claim of exceptionalism. That claim has also extended to certain multinational corporations and other non-state actors (NSAs) because of their wealth, worldwide activities, and their economic and political power and influence over national and international institutions. For all practical purposes, many of these multinational entities have become beyond the reach of the law, whether national or international. As a result they and their principal actors benefit from impunity notwithstanding the harmful consequences of their conduct on human beings and on the environment. Environmental changes resulting from the international community's failure to develop and adequate system of control over fossil fuel consumption and other factors impacting climate change have and will continue to unleash harmful consequences on certain parts of the world, which will impact certain populations.As these and other negative consequences of globalization occur, it is already evident that the values and legal protections afforded to human rights, including an end to impunity for international crimes is receding. The ''Responsibility to Protect'', adopted by world summit of 2005 has never been put into effect. Similarly, the United Nations Declaration on the Rights of Victims of Crime has also never been put into effect. How states and the international community will react in the face of the forthcoming challenges of population growth, resource scarcity, environmental disasters and other natural and human tragedies is a legitimate source of concern.The absence of an international system to regulate these needs for human survivability will necessarily mean that the human rights of some will be sacrificed. All this has negative consequences for human rights, yet nothing that the international system presently offers can mitigate these consequences only the occasional good will of some states.What remains to help counteract and mitigate the cascade of negative effects and outcomes of unbridled globalization on our planet are international civil society institutions and some concerned states. What they may be capable of achieving in the face of the changing landscape of the world order is, however, difficult to assess.Table of ContentsCONTENTSAcknowledgements Preface List of Contributors Executive Summary OPENING SPEECHESH.E. Yury Fedotov H.E. Ambassador Nassir Abdulaziz al-Nasser H.E. Amina J. Mohammed H.E. Minister Sheikh Khalid Bin Ali Al Khalifa H.E. Dr. Ali Bin Mohsen Bin Fetais Al Marri H.E. Ambassador Stephen J. Rapp H.E. Danilo Turk H.R.H. Prince El Hassan bin Talal PART I. HUMAN RIGHTS AND INTERNATIONAL CRIMINAL JUSTICEHuman Rights and International Criminal Justice in the Twenty- First CenturyM. Cherif Bassiouni 1. Introduction 2. The Westphalian Legal Order and Internationally Protected Human Rights 3. Past the UDHR Phase 4. The United Nations Millennium Declaration: Reaffirming Human Rights Protection 5. The Everlasting Compliance Gap 6. Human Rights Bodies and Mechanisms 7. Globalization and Human Rights 8. Conclusion 9. Additional Conclusions An Assessment of the Current International Human Rights Paradigm and Recommendations for Moving ForwardCarli Pierson 1. Introduction 1.1. A Brief Overview of the Current State of Human Rights 2. Questioning the Efficacy of the Current International Legal Framework for Human Rights 3. Human Rights Instruments, Cultural Relativism, and Changing Global Dynamics 3.1. The Beginnings of Human Rights Law: a Brief Overview 3.2. Human Rights and Cultural Relativism 3.3. Opposing Theories of the Future of Human Rights 3.4. Modifications of HRIs: a Subtle Assertion of Cultural Relativism 4. Analysis of the Current Human Rights Paradigm 4.1. Is there a Future for Human Rights? 4.2. U.S. Exceptionalism and the End of the Modern Human Rights Regime 5. Recommendations 6. Conclusion Twentieth-Century Institutions for a Twenty-First Century World?Stephen Hopgood 1. Introduction 2. Syria: Out of the Light into the Darkness 3. The Role of Europe and the United States 4. The (Relative) Decline of Western Power 5. The End of the Age of Empire 6. Conclusion Human Rights and International Criminal Justice: Looking Back to Reclaim the FutureMicheline Ishay 1. Introduction 2. Four Moments of Liberal Internationalism 2.1. Internationalism after 1864 and the Franco-Prussian War (1870-1871)2.2. Liberal Internationalism after World War I 2.3. Liberal Internationalism after World War II 2.4. Liberal Internationalism after the Post-Cold War 3. Globalization and the Future of International Criminal Justice and Human Rights 4. Conclusion The Future of the United Nations Human Rights SystemWilliam Schabas The Past, Present and Future of International Criminal Justice and Human RightsLawrence Wilkerson The Future of International Criminal Justice: Recent Empirical Studies on the Impact of Justice Mechanisms on Human Rights and ConflictKathryn Sikkink 1. Introduction 2. The TJRC Data Project 3. The Impact of Human Rights Prosecutions on Physical Integrity Rights 4. The Impact of International Criminal Justice on Peace and Confl ict 5. Moving towards New Models 6. Conclusions International Criminal Justice, Plato, and Global Due ProcessLarry May 1. Introduction 2. Plato in Siracusa 3. The Social Contract 4. A Global Rule of Law 5. The Future of International Criminal Justice and Human Rights International Criminal Justice: Reflections on the Past and the Future Hassan B. Jallow 1. Introduction 2. Contribution of the Ad Hoc and Hybrid Tribunals to Combating Impunity 3. Best Practices 4. Expanding the Frontiers of International Law 5. The Challenge of State Cooperation 6. Restructuring the Architecture 7. Challenge of Universal Application of the Law 8. Conclusion Assessing the Impact of Security and Geopolitical Considerations on the Protection of Human Rights and the Pursuit of International Criminal JusticeHans Corell 1. Introduction 2. World Governance, Past and Present 3. The Need for Democracy 4. The Need for the Rule of Law 5. Future Global Governance with a Focus on the Protection ofHuman Rights and Criminal Justice 6. Concluding Reflections Responsibility of States in Case of Human Rights Violations and of Obligations to Prevent and Punish Serious Violations of Human Rights and International CrimesAlain Pellet 1. Introduction 2. An Aggravated Regime of State Responsibility 2.1. Re-thinking the Law of State Responsibility 2.2. From Common Values to Peremptory Norms 2.3. From Peremptory Norms to International "Crimes" of States3. International "Crimes" of States and Criminal Responsibility of Individuals under International Law 3.1. A Criminal Responsibility of States? 3.2. Penal Consequences of Serious Breaches of Obligations Arising under a Peremptory Norm of General International Law 3.3. Reacting to "Serious Breaches" 4. Conclusion PART II. CONTEMPORARY CHALLENGESFailing States Impact on Human Rights and International Criminal JusticeMario Silva The International Legal Architecture and the Conflicts of the Middle East: An Obsolete Framework or Simply Underutilized?H.R.H. Prince El Hassan bin Talal 1. The Role of the International Legal System 2. Understanding Conflict as Failures of Social Justice 3. Prepare for the Expected 4. Discussions about Indigenised Transitional Justice 5. Brainstorming Alternate Approaches An Assessment on the Use of Armed Conflict DataMark S. Ellis 1. Introduction 2. Overview of Armed Conflict Data 3. Definitions of 'Armed Conflict' and 'Victims' 3.1. The War Report 2012 3.2. The Economist 3.3. The Pursuit of International Criminal Justice 3.4. UCDP/PRIO Conflict Data 4. Analysis 4.1. Differences in Statistical Data 4.1.1. Comparison of The War Report 2012 with UCDP/PRIO Conflict Data (2012) 4.1.2. Comparing The Pursuit of International Criminal Justice with UCDP/PRIO Confl ict Data (1946-2008) 4.1.3. UCDP/PRIO Conflict Data (2009-2011) 4.2. Differences in Statistical Data on Victims 4.2.1. 2012 4.2.2. 1989-2008 4.2.3. 1946-2008 5. Conclusions 5.1. Armed Conflicts 5.2. Victims 6. Closing Thoughts Annex I Annex IIAnnex III Outsourcing War: Private Military and Security Companies under International Humanitarian LawYannic Kortgen 1. Introduction 2. Legal Status 2.1. PMSCs and Mercenaries 2.2. PMSCs and the Status of Civilians and Combatants2.3. PMSCs and 'Direct Participation in Hostilities' 2.4. Responsibility & Accountability 3. Finding a Solution 3.1. Options for Regulation 3.2. Perspectives 3.2.1. Direct Participation in Hostilities 3.2.2. Drawing a Frame for State Responsibility 3.2.3. Creating a System of Oversight and Enforcement 4. Conclusion Old and New Terrorist Threats: What Form will they Take and How will States Respond?Ben Saul 1. Old and New Terrorism 2. The Puzzle of Global Counter-Terrorism 3. Evolving and Future State Responses 4. Military Responses - Law on the Use of Force 5. Military Responses - Law of Armed Conflict 6. Criminal Law Responses 6.1. Sectoral Counter-Terrorism Treaties 6.2. Security Council Resolution 1373 and the Definition of Terrorism 6.3. UN Draft Comprehensive Convention 6.4. Separation of Terrorism from Armed Confl ict, Liberation Violence, and State Violence 6.5. Confl ation of Insurgency, Armed Confl ict, and Terrorism in National Law 6.6. Differentiation of Democratic Protest 6.7. Preventive Offences 6.8. Membership Offences and Group Proscription 7. Criminal Procedure 8. Other Impacts on Human Rights 9. Conclusion: Persisting Legal Challenges in Countering TerrorismThe Future of Global Transnational Criminality and International Criminal JusticeRobert Cryer 1. Introduction 2. What is Transnational Criminality and Is there an International Criminal Justice System? 3. Torture and the Habre Case: Values (Probably) Reaffirmed 4. Drug Trafficking: A Broken or Ever Absent Consensus? 5. Terrorism, Transnational Criminal Law, International Criminal Law, and the International Criminal Justice System 5.1. Terrorism as a Transnational Crime 5.2. Terrorism by Another Name 5.3. A Separate Crime of Terrorism? 6. Transnational Crimes and the Globalised World Rethinking Multilateral Responses to Organized CrimeMark Shaw and Walter Kemp 1. Introduction 2. Understanding the Impact 3. Playing Catch-up 4. Seeing Clearly 5. Proactive rather than Reactive 6. Clarifying the Drug Policy Debate 7. Organised Crime as a Development Issue 8. Responding to Organized Crime on the Ground 9. Regional Building Blocks for Global Cooperation 10. Towards a System Fit for Purpose? 11. Five Steps to Building a New System 11.1. More Leadership, less Co-ordination: A UN Office for Justice 11.2. Remove the Confusion in Current Approaches by Separating out Health and Justice Issues 11.3. Rethink the Implementation of the UN Convention against Transnational Organized Crime 11.4. Invest in Analytical Capacity within the UN System on Organized Crime and Include Organized Crime Goals and Indicators in the SDGs 11.5. A Better Global System Means Regional Enforcement Preventing Genocide and Crimes against Humanity: Reflection on Future Challenges and opportunitiesAdama Dieng 1. Introduction 2. International Criminal Justice as a Preventive and Punishment Element 3. The United Nations and the Prevention of Atrocity Crimes 4. Protection of Human Rights as an Element of the Prevention ofGenocide and Other Atrocity Crimes 5. Future Challenges and Opportunities 6. Final Remarks Evolving Advocacy: Suggestions for the Next Phase of Civil Society Support of International Criminal JusticeChristopher "Kip" Hale 1. Introduction 2. Persuasive Advocacy on the Benefi ts of ICJ 3. Informed Targeting of ICJ Resources 4. More Eff ective, Broader, and More Responsible Education on ICJ Appendix: Complementarity Capacity Chart Breaking the Rules: Kenya, the ICC, and the Twelft h Assembly of States Parties SessionElizabeth Evenson 1. Introduction 2. Africa, the ICC, and the ASP 3. Landscape Leading up to ASP12 3.1. AU Extraordinary Summit on the ICC 3.2. Security Council Vote on Article 16 Request 3.3. Introduction of Rules Amendments on Presence at Trial 3.4. Bilateral Political Interests 4. Developments at ASP12 4.1. Special AU Segment 4.2. New Rule 134 quater 5. Assessing ASP12 6. Conclusion PART III. POPULATION, RESOURCES, AND ENVIRONMENTAL CHALLENGESGlobal Pluralism: The Next Stage in Global Governance, Human Rights, and International LawErrol P. Mendes Decentralized Democracy in Political ReconstructionRoger B. Myerson 1. Introduction 2. Effective Democratic Competition Requires more than Just Elections 3. Advantages of Democratic Decentralization 4. Forces against Decentralization 5. Problems of Separatism and Ethnic Violence 6. Establishing a Stable Federal Division of Powers 7. Conclusions Population, Resources and Environmental Challenges Between Nowand 2050, and Their World ImpactsMartin Lees 1. Introduction 2. The Emerging Global Challenges of the 21st Century 3. The Prospects and Consequences of Demographic Change 3.1. The Size of the World Population 3.2. The Distribution of World Population 3.3. Rapid Urbanization 3.4. The Changing Age-Structure of Population 3.5. What should be the Priorities for Policy and Action? 4. Social Challenges 5. Economic Challenges 6. Environmental Challenges 6.1. Ecological Degradation 6.2. Energy and Resources 6.3. Water 7. The Realities of Climate Change 8. New Challenges to Justice, Human Rights and Global Governance in Facing up to Climate Change 8.1. Issues of Justice and Human Rights in the Climate Negotiations 8.2. Issues of Governance Arising in the Negotiations 8.3. The Influence of Corporate and Financial Interests on the Intergovernmental Climate Negotiations 9. The Consequences of Emerging Global Challenges for World Order 9.1. A Business-as-Usual Scenario 9.2. Choosing a Sustainable, Equitable, and Inclusive Future The Relationship of Climate Change to Global SecurityDonald J. Wuebbles, Aman Chitkara, and Clay Matheny 1. Introduction 2. Our Changing Climate 3. Projections of Climate Change 4. Climate and World Security 4.1. Natural Disasters 4.2. Lack of Freshwater Resources 4.3. Food Security 4.4. Migration 5. Security and Criminal Justice 5.1. Crime and Climate Change 6. Natural Disasters and Crime 7. Climate Change and Crime - An Equity Issue 8. Climate Change Induced Migration and Crime 9. Conclusions Population, Resources, and the Environment: Challenges AheadVed P. Nanda 1. Introduction 2. The Nature and Scope of the Challenge 3. Programme of Action of the 1994 International Conference onPopulation and Development4. The Progress Made since 1994 5. Population Policies of Selected States 5.1. Physical Coercive Measures 5.1.1. India 5.1.2. China 5.1.3. Romania 5.2. Non-Physical Coercive Measures 5.3. Human Rights Implications of Coercive Policies 6. Conclusion PART IV. THE ROLE OF IGOs, NGOs AND GLOBAL GOVERNANCEThe Role of International Non-Governmental Organizations, Globalization, and International Criminal LawAndrew Clapham Inter-Governmental Organisations and International Non-Governmental Organizations in the Era of Globalization, and How They can Protect Human Rights and Support International Criminal JusticeStephen Mathias 1. Introduction 2. Inter-Governmental and Non-Governmental Organizations: Human Rights 3. Inter-Governmental and Non-Governmental Organizations: International Criminal Justice 4. Conclusions The Role of Non-Governmental Organizations in Advancing International Criminal JusticeCharles C. Jalloh 1. Introduction 2. NGOs as Active Participants in Global Governance 2.1. NGOs as Active Participants in the United Nations System 2.2. NGOs in Regional Organizations and Human Rights Advocacy 3. NGOs in International Criminal Justice 3.1. The Existence of NGOs before World War I 3.2. The Existence of NGOs during and after World War I 3.3. The Role of NGOs in Advocating for Ad Hoc International Tribunals 3.4. The Role of NGOs in the Processes of the International Criminal Court 4. The Various Roles of NGOs in International Criminal Justice 4.1. NGOs and their Impact on Prosecutor Offices in International Courts 4.2. NGO Influence on Rights of Victims 4.3. NGOs as Supplements to States4.4. NGOs as Advocates for Global Cooperation 5. Some Criticisms of NGOs: Issues of Transparency, Accountability, and Legitimacy 6. Conclusion The Fate of R2P in the Age of RetrenchmentDavid Scheffer 1. Using Military Force when Our Core Interests are at Stake or Our People are Threatened 2. Shifting Our Counter-Terrorism Strategy by More Effectively Partnering with Countries where Terrorist Networks Seek a Foothold3. Continuing to Strengthen and Enforce International Order through Evolving our Institutions, such as NATO and the United Nations 4. Supporting Democracy and Human Rights around the Globe, Not Only as a Matter of Idealism, But One of National Security Global Constitutionalism and Global Governance: Towards a UN-Driven Global Constitutional Governance ModelGiuliana Ziccardi Capaldo 1. Introduction: An Open and Participative Constitutional Reform Process Launched by the UN 2. The Process of Constitutional Change and Its Impact on Institutions: Strengthening the Rule of Law and Legality 2.1. The ICJ's New Approach to Human Rights Protection 2.2. Maintenance of Peace and Court-Council Functional Parallelism 3. The Principle of Separation of Powers and the New Concept of Complementarity Between UN Organs 3.1. Overcoming Veto Rule 4. An Embryonic System of Checks and Balances: Judicial Review of Global and National Governance Bodies 4.1. ICJ Control over the Activities of UN Organs 4.2. Judicial Review over SC Decisions by Regional and National Courts 4.3. The ICJ's Control over State Organs 5. The Crucial Choices to be Made in the Development of Global Constitutional Governance 6. Conclusion Implementation of the Right to Development and International Criminal JusticeAhmed Fathi Sorour 1. Introduction 2. Content of the Right to Development 3. Obligations Derived from the Right to Development 4. Implementation of the Right to Development 5. Implementation of the Right to Development and International Criminal Justice 6. Effects of Challenges of Development in International Criminal Justice 7. Effects of Promotion of International Criminal Justice of Development 8. Conclusions CONCLUDING REMARKS AND APPENDICESConcluding Remarks: Globalization, Values, and World OrderShahram Dana 1. Overview 2. Preliminary Themes and their intersection with Globalizing Forces 2.1. Globalization and the Traditional World Order 2.2. Globalization and Values 2.3. Human Rights, Atrocity Crimes, and Failure of Existing Institutions 3. Crisis and the Ability of States and the International Legal Order to Govern 3.1. State Sovereignty and National Security Issues 3.1.1. Globalizing Forces, International Order, and Separates Movements 3.1.2. The Impact of Globalizing Forces on State Stability 3.2. Population Growth, Poverty and Food Security 3.3. Environmental Sustainability 3.4. The Globalization of Economic Markets 3.5. The Impact of Changing Priorities on International and National Decision-Making Processes 4. Non-State Actors in National and International Arenas 4.1. Non-State Actors as Civil Society4.2. Non-State Actors in Global and Civil Conflict 4.3. The Role of Transnational or Multinational Corporations 4.4. Non-State Actors in Transnational Criminal Activity About ISISC Global Issues and Their Impact on the Future of Human Rights and International Criminal Justice: List of Confirmed Participants & Speakers Global Issues and Their Impact on the Future of Human Rights and International Criminal Justice: Program

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Book SynopsisInternational law and state practice mirrors the recognition of children's particular need for protection during peacetime, but in situations in which international crimes are being committed the prosecution of international crimes committed against children before international courts and tribunals is also well embedded. While international prosecutions are thus in line with the overall development of protecting children from the consequences of armed conflict and large scale violence, the involvement of the child in international criminal proceedings also gives rise to new questions which relate to the procedural involvement of the child.As child participation in the proceedings before the International Criminal Court (ICC) constitutes a matter of fact, one may raise the question whether such participation is a welcome development. This study examines the procedural implications of child participation and thereby intends to contribute legal views and perspectives to the underlying debate on the adequacy of child participation in ICC proceedings. The study concludes with ten recommendations that underline the call.Table of ContentsAcknowledgmentsContents List of AbbreviationsIntroductionChapter 1. Introduction1.1 Introductory observations on the child in international law1.2 The child and the ICC 1.3 Research aim, statement of the problem and research questions 1.4 Terminology and concepts 1.4.1 The child in ICC proceedings 1.4.2 Childhood 1.4.3 The particular vulnerability of the child 1.4.4 The best interests of the child and child-sensitive procedures 1.4.5 The evolving capacities of the child 1.5 Methodology 1.5.1 Sources and approach 1.5.2 Relevance of human rights law in ICC proceedings 1.6 Structure of the thesis Part I. The Child in International Criminal ProceedingsChapter 2. The Child Witness 2.1 Introduction 2.2 Child witnesses in international criminal proceedings 2.3 Rules governing witness testimony during trial proceedings 2.4 Ability to provide informed consent and the protection of the child witness 2.4.1 Informed consent of the child witness 2.4.2 Protection of the child witness 2.5 Credibility 2.5.1 Factors influencing the credibility of the child witness 2.5.1.1 Trustworthiness of the child witness 2.5.1.2 Impact of conflict situations and trauma 2.5.2 Measures enhancing credibility 2.5.2.1 Witness familiarisation 2.5.3.2 Age determination 2.6 Conclusion Chapter 3. The Child Victim 3.1 Introduction 3.2 Views on victim participation 3.3 Child victim participation in ICC practice 3.4 Application of victim requirements to the child 3.4.1 Natural person 3.4.2 Harm 3.4.3 The jurisdiction criterion 3.4.4 The causality criterion 3.4.5 The evidentiary standard used 3.5 Children applying for participation 3.5.1 Legal competence of the child to apply for participation 3.5.2 Child-specific evidence3.5.3 Categories of child applicants 3.6 General modalities of participation 3.7 Child-specific modalities of participation: the representation of the child 3.7.1 General rules governing the representation of victims 3.7.2 Representation of the child 3.7.3 Children expressing their views and concerns in the courtroom3.7.4 Legal aid for the representation of the child 3.8 Conclusion Chapter 4. The Child Perpetrator and the Child of a(n) (alleged) Perpetrator 4.1 Introduction 4.2 Recruitment of child soldiers 4.3 Prosecuting the child 4.4 Being the child of a(n) (alleged) perpetrator4.5 Conclusion Part II. The Child in International Reparation Practice Chapter 5. The Child Claimant 5.1 Introduction 5.2 The child as beneficiary of the right to reparations 5.3 Rules and practice governing reparation proceedings 5.4 Children claiming reparations before the ICC: current and future challenges 5.4.1 Forms of reparations 5.4.2 Eligibility 5.4.3 Implementation 5.5 Conclusion Part III. Concluding and Comparative Evaluation Chapter 6. Evaluation and Future Perspectives 6.1 Introduction 6.2 Evaluation 6.2.1 Legal capacity of the child 6.2.2 Informed consent of the child 6.2.3 Age of the child 6.2.4 Protection of the child 6.2.5 Credibility of the child 6.3 Principal relevance of child participation 6.4 Final recommendations and need for further research on child participation in international criminal and reparation proceedings Summary Samenvatting Selected Bibliography Overview of Legislation Overview of Cases Curriculum Vitae

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Book SynopsisThe chequered history of the criminalisation of aggression as a crime under international law has reached an important milestone with the adoption of the Kampala Resolution on the Crime of Aggression (2010). This resolution provides for the definition of the crime of aggression to be included in the Rome Statute of the International Criminal Court, as well as for conditions for the exercise of ICC jurisdiction over the crime. The second edition of this volume contains an overview and discussion of the historical and normative processes (legal and political) that culminated in the adoption of the Kampala Resolution. The different components of the resolution are critically assessed against the background of the various political and legal responses to aggression, while taking into account contemporary developments in the field of international criminal law. The volume is primarily but not exclusively concerned with the crime of aggression under the Rome Statute. It also includes a chapter on national and regional criminal justice responses to aggression, notably developments concerning the amendments to the Protocol on the Statute of the African Court of Justice and Human Rights, which also provides for the criminalisation of aggression.Trade ReviewAbout the first edition: A successful attempt to provide a working definition of the crime of aggression and the conditions for the exercise of jurisdiction by the ICC thereon. At the same time, it purports to trace the historical development of the norm of aggression and analyse the problematic issues concerning its definition. Using accessible style and language, the author correctly grasps the need for a two-sided approach to aggression, from the point of view of states, as well as of individual criminal responsibility, and touches upon the critical issue of the connection between maintenance of international peace and security and international criminal justice. [...]the book provides a thorough and concise analysis of the elements of aggression, one of the most controversial crimes in international criminal law and pinpoints its place in the complex scheme of interplay between collective security and international criminal justice. [...] the value of the present title lies in its contribution to the ongoing debate on the interrelation between state and individual responsibility for international crimes - a debate that seems far from being settled. Irena Giorgou in 2012 JICJ 712

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Book SynopsisThis study deals with the phenomenon of genocide denialism, and in particular how it operates in the context of the genocide against the Tutsi. The term genocide denialism denotes that we are not dealing with a single act or type of (genocide) denial but with a more elaborate process of denial that involves a variety of denialist and denial-like acts that are part of the process of genocide. From this study it becomes clear that the process of genocide thrives on a more elaborate denial dynamic than recognized in expert literature until now. This study consists of three parts. The first theoretical part analyses what the elements of denial and genocide entail and how they are (inter)related. The exploration results in a typology of genocide denialism. This model clarifies the different functions denial performs throughout the process of genocide. It furthermore explains how actors engage in denial and on which rhetorical devices speech acts of denial rely. The second part of the study focuses on denial in practice and it analyses how denial operates in the particular case of the genocide against the Tutsi. The analysis reveals a complex denial dynamic: not only those who perpetrated the genocide are involved in its denial, but also certain Western scholars, journalists, lawyers, etc. The latter were originally not involved in the genocide but recycle (elements of) the denial discourse of the perpetrators. The study addresses the implications of such recycling and discusses whether these actors actually have become involved in the genocidal process. This sheds light on the complex relationship between genocide and denial. The insights gained throughout the first two parts of this study have significant implications for many other actors that through their actions engage with the flow of meaning concerning the specific events in Rwanda or genocide in general. The final part of this study critically reflects on the actions of a variety of actors and their significance in terms of genocide denialism. These actors include scholars from various fields, human rights organisations, the ICTR, and the government of Rwanda. On a more fundamental level this study critically highlights how the revisionist scientific climate, in which knowledge and truth claims are constantly questioned, is favourable to genocide denialism and how the post-modern turn in academia has exacerbated this climate. Ultimately, this study reveals that the phenomenon of genocide denial involves more than perpetrators denying their genocidal crimes and the scope of actors and actions relevant in terms of genocide denialism is much broader than generally assumed.

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Book SynopsisThis collection of essays addresses the most pressing contemporary issues in international law and relations. The authors are leading experts and renowned actors on the international stage, or in national jurisdictions, who have all interacted closely with Louise Arbour in the course of her career. Louise Arbour has had a profound impact on the development of international law and has played significant roles in international institutions, as Prosecutor for the International Criminal Tribunals for Rwanda and the former Yugoslavia, United Nations High Commissioner for Human Rights, CEO of the International Crisis Group and Special Representative of the UN Secretary-General for International Migration. She also held the top legal positions in Canada and helped shape Canadian law, as an academic and as a judge, sitting on its highest bench, the Supreme Court of Canada. Louise Arbour is a leader on issues of conflict prevention and resolution, criminal justice and human rights, and her vision often sets the standard. This unique collection of essays by world leaders and experts tackles substantive topics, such as the right to truth, torture, immunity and women’s rights, in light of current and past events, challenging basic assumptions and bringing fresh thoughts to debates that are at the core of the world’s agenda. The backbone of each contribution is the interaction between justice and peace, between human rights and conflict, and between law and politics, in the international sphere or domestic context. Doing Peace the Rights Way gathers together great minds, in honour of a true champion and ambassador of justice and human rights, in the hope that their vision on the most urgent debates of our time can help in getting us closer to the ideals of peace and justice for all.Table of ContentsPART I. OF FREEDOM AND EQUALITY. Human Rights Obligations for Non-State Actors (p. 11). The Right to Truth (p. 37). Corruption, Inequality and Boko Haram in Nigeria (p. 53). Social and Economic Rights and the Legal Imagination (p. 65). Building a Culture of Inclusivity in a Diverse Society (p. 85). Made in Canada (p. 103). Unaccompanied Children Out of Their Country of Origin (p. 121)PART II. OF PEACE AND JUSTICE. The Deterrence Rationale in a Criminal Justice Accountability Regime (p. 147). Peace and Justice (p. 171). "Exceptional Measures" in Times of Crisis (p. 199).When the End Lacks the Means (p. 221). The Independence of International Prosecutors (p. 253). Torture, Jurisdiction and Immunity (p. 277). Revisiting Challenges to International Humanitarian Law (p. 317). PART III. OF WOMEN AND LEADERSHIPLeadership in the United Nations and the Challenge of Courage (p. 355). The World Bank as a Human Rights-Free Zone (p. 375). Come a Long Way and a Long Way to Go (p. 401). Why are Women Canada's Fastest-Growing Prison Population and Why Should We Care? (p. 423). Moving Beyond Facial Equality (p. 443).

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Book SynopsisSince the 2003 U.S. led invasion of Iraq, the private military sector has seen the largest growth of profit for decades. As Iraq continues to be the focal point of private military clients, staff and related actors, the recurring issue of legitimacy must be addressed. While many texts focus only on existing or proposed legislation, this book analyses the public perception of private military companies (PMCs) and, of wider significance, how their use by states affects how the general public perceives state legitimacy of monopolizing force. Furthermore, this book provides a timely overview of how the energy sector and PMCs are challenging the established sovereignty of politically fragmented oil states, illustrating how energy firms may become as culpable as states in their partnerships with the private military sector and subsequent political ramifications.

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Book SynopsisThe dynamics of enforcing international criminal justice through the International Criminal Court (ICC) has become a challenging exercise in Africa. At times the uneasy relationship between the ICC, the African Union and a few influential African states has given rise to concerns about the future of international criminal justice in general, and in Africa in particular. Still, the enthusiasts for international criminal justice as enforced by the ICC, interpret the challenges that the ICC is encountering in Africa as part of the growing pains of a new institution in the international system. The distractors have already prepared the IC 's obituary. One of the criticisms levelled against the ICC, and which is the motivation for, and central theme behind, this book is that it has morphed and ceased to be an independent legal institution instead becoming a political tool utilised by politically powerful states in the West against their political opponents in Africa. More specifically the Court is alleged to be selectively enforcing international criminal law by merely officially opening investigations and prosecutions in Africa.Although this book recognises that selective implementation of criminal justice is acceptable both at the domestic and international level, it analyses the legal and political factors behind the Court 's focus on international crimes committed in Africa when there are other situations to which the court should potentially turn its attention, such as in Syria, Afghanistan or the Occupied Palestinian Territories. The book seeks to determine whether such a focus implies that Africa has the monopoly over international crimes or whether African victims or perpetrators are any different from those in the Middle East?In addition, the book attempts to uncover the basis and the validity of the African Union and some African states criticisms of the ICC.

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Book SynopsisThis book offers an overview of the challenges in the emerging regime of international criminal justice as a tool of sustainable peace. It illustrates the impact of the regime on international law and international relations, focusing on the obstacles to and concerns of its governance in the context of the maintenance and restoration of international peace and security.The author advocates for an appropriate interaction strategy between the United Nations and the Rome Statute institutions as a matter of international mutual concern and for the sake of human security. In multiple and inter-linked country situations the failure of strategies to prevent mass atrocity crimes have severely compromised the safety of civilians, including their individual fundamental rights. In several countries - such as in Libya, Syria, Sudan, Democratic Republic of Congo, Uganda, Kenya, Central African Republic, Ivory Coast and Mali - civilians have severely suffered the consequences of such failure. Furthermore, the right of humanitarian intervention that it is sometimes claimed the international community has is now challenged and qualified by the responsibility to protect civilians in situations of mass atrocity crimes. Such an international norm represents unfinished business in global politics and is considered by many to be far from capable of preserving the rule of international law. The preservation of the rule of law requires discussions and the advocacy of global values in international relations, such as multilateralism, collective responsibility, global solidarity and mutual accountability.

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Book SynopsisMore than ten years ago the International Criminal Court (ICC) was established as a universal court meant to achieve criminal justice worldwide. That goal still stands, but so far the Court has dedicated most of its time and resources to African conflicts in which international crimes have been committedWhile the ICC can be said to contribute to criminal justice in Africa, it cannot be denied that the relationship between the Court and the continent has been troublesome. The ICC has been accused of targeting Africa, and many African states do not seem willing to cooperate with the Court. Debates on Africa and international criminal justice are increasingly politicised.The authors of this volume all recognise the current problems and criticism. Yet they do not side with populist pessimists who, after just over a decade of ICC experiences, conclude that the Court and international criminal justice are doomed to fail. Rather, the contributors may be regarded as cautious optimists who believe there is a future for international criminal justice, including the ICC. The contributors use their unique specific knowledge, expertise and experiences as the basis for reflections on the current problems and possible paths for improvement, both when it comes to the ICC as such, and its specific relationship with Africa.

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Book SynopsisThis forty-ninth volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the STL from 2009-2013. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on the decisions.The Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication.The Annotated Leading Cases of International Criminal Tribunals is also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information the online version of the series: http://www.annotatedleadingcases.com/about.aspx.

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Book SynopsisThis book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level.The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps paving the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the CRC and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of child victims' redress.

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Book SynopsisThe backdrop to Bridging Divides in Transitional Justice is Cambodia's history of radical Communist revolution (19751979) under the brutal Khmer Rouge regime, and the culture of impunity and silence imposed on the society by successive national governments for close to three decades. Dialogue on the suppressed past began in 2006 as key figures of the regime were brought before the in situ internationalised criminal court, the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC forms part of the panoply of international criminal courts of the post-Cold War era. The book engages with the dissonance between the expressivism of idealised international criminal trials and their communicative or discursive value within the societies most affected by their operation. An alternative view of the transitional trial is posited as the author elucidates the limits of expressivism and explores the communicative dynamics of ECCC trial procedure which have precipitated unprecedented local debate and reflection on the Khmer Rouge era.The book provides a timely and nuanced analysis of the ECCC's politically contentious and frequently criticised proceedings by examination of the trial dialogue in the Courts first two cases. From transcripts of the proceedings, exchanges between trial participants including witnesses, civil parties and the accused, are examined to show how, at times, the retributive proceedings assumed the character of restorative justice and encompassed significant dialogue on current social issues, such as the victim/perpetrator equation and the nature of ongoing post-traumatic stress disorder flowing from the events that took place under this violent regime The Court's capacity for representative and discursive proceedings is attributed to the substantive inclusion of the voice of the victim in proceedings, a modified inquisitorial procedure, narrative testimony and role-sharing between national and international court actors.

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Book SynopsisThis fiftieth volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Court from 2009-2010. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on the decisions.The Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication.The Annotated Leading Cases of International Criminal Tribunals is also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information the online version of the series: http://www.annotatedleadingcases.com/about.aspx.

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Book SynopsisThe International Criminal Court (the Court) in The Hague, in fulfilling its mandate to put an end to impunity for the perpetrators of the most serious international crimes of concern to the international community as a whole, is neither able nor intended to investigate all situations of crisis across the world. Selectivity is unavoidable for the operation of this international organization. However, the authority of the Prosecutor of the Court to select and prioritize a situation over other situations is not unfettered. This book studies the situation selection regime at the International Criminal Court. In doing so, it first clarifies the notion of situation under the constituent instrument of the Court, the Rome Statute. In addition to this conceptualization, through describing the situation selection process and criteria, the Court’s law, policies and practices in this regard are examined. Dealing with the misunderstanding of the Court’s selectivity, this book reads the situation selection regime from the lens of expressivism. This theory justifies the selectivity in the Court’s operation. The book is a resource for anyone who seeks more insight into the situation selection regime of the Court.Table of ContentsIntroduction Part One. Formulating the Concept of Situation in the Rome Statute Sense Chapter I. Situation v. Case Chapter II. Defining Elements of the Notion of a Situation Part Two. Situation Selection Process Chapter I. Trigger Mechanism Chapter II. Identification Stage Chapter III. Preliminary Examination Chapter IV. Making a Decision on the Situation Selection Part Three. Situation Selection Criteria Chapter I. Jurisdiction Chapter II. Admissability Chapter III. Interests of Justice Part Four. Situation Selection in Light of Expressivism Chapter I. Conceptualization of Expressivism in the Context of the ICC Chapter II. Implications of Expressivism on the Situation Selection Conclusion

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Book SynopsisAlthough rooted in a similar ideal, human rights (IHRL), international criminal law (ICL) and international humanitarian law (IHL) are separate fields of law, best represented as circles, each of which overlaps with the other two. However human rights often seems to absorb the other two, while in other situations, the lines between human rights law and its next door neighbours are blurred or contested.This volume consists of three main parts. The first main part explores the convergences and divergences between IHL and/or IHRL on the one hand, and ICL stricto sensu on the other hand. The second part investigates the convergences and divergences between IHRL and transnational crimes, or ICL in the broader sense, which suppresses crimes such as drug trafficking, trafficking in human beings and corruption through international treaties providing for domestic enforcement. The last main part of this volume provides the reader with novel and original insights as to how IHRL and IHL converge and diverge by considering if and how the norms of other branches of international law come into play and how the European Court of Human Rights has engaged with the sometimes contradicting norms of IHL. It furthermore analyses the relationship between the specific IHL and IHRL norms which prohibit arbitrary displacement and maps their interaction. Finally, the effectiveness of States' investigations of war crimes committed by their armed forces is evaluated by emphasising attention to the relevant standards developed within IHRL, since IHL does not indicate specific criteria to evaluate the effectiveness of an investigation.

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