Public international law: criminal law Books

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

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

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

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

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Book SynopsisVolume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victims’ Rights in International Law).Table of ContentsChapter 1: History of International Investigations and Prosecutions Chapter 2: International Criminal Tribunals and Mixed Model Tribunals Chapter 3: National Prosecutions for International Crimes Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Book SynopsisIn the wake of increasing globalisation, criminal law has become an internationalised subject. This revised and updated second edition highlights the most important aspects of European and international criminal law in order to provide the reader with a comprehensive, concise and solid introduction to this modern field of law. The book focuses on: - Rules determining the exercise of jurisdiction - ‘European Criminal Law’ dealing with the question if and how far the EU may create or harmonise criminal law - Evolution of European Criminal Procedure Law - Ne bis in idem-principle - Guarantees under the European Convention of Human Rights - Principles of International Criminal Law - Procedures and substantive law of the International Criminal Court (ICC) Praise for the first edition: ‘… it manages to give a good overview without being unduly long. The book is most definitly worth a read even for those with more specific interests in the topics covered, and it will serve well as a textbook….’ Annika Suominen, European Criminal Law Review ‘This book is both an outstanding and demanding presentation of international criminal law and its current developments and trends caused by globalisation.’ Landeskriminalblatt Niedersachsen

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Book SynopsisThis book addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm. The national case studies are geographically representative and follow a common research grid. Each national case study is prefaced by an overview of the detection and subsequent spread of the pandemic in the country concerned. The relevant legal and constitutional frameworks that governed the government and corporate conduct in the face of the pandemic are also discussed, followed by the consideration of forms of criminal liability. Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is therefore appropriate to consider forms of criminal liability for failure of individual members of government, including specific public authorities, to act to the best of their abilities, as timely as possible, and in accordance with expert advice.Table of Contents1. Introduction Michael Bohlander, Gerhard Kemp & Mark Webster 2. The Emergence and Global Spread of SARS-CoV-2, and Clinical and Virological Features Thomas Christie Williams 3. Brazil Denis De Castro Halis 4. England Natalie Wortley & Birju Kotecha 5. France Caroline Fournet & Frédéric Rolland 6. Germany Michael Bohlander 7. India Suman Dash Bhattamishra 8. Indonesia Topo Santoso 9. Iran Mohammad M. Hedayati-Kakhki 10. People’s Republic of China Andra Le Roux-Kemp 11. South Africa Gerhard Kemp 12. Spain Alejandro De Pablo 13. Sweden Dennis Martinsson 14. Turkey Murat Önok 15. United States of America Phillip Weiner & Dana Curhan 16. Crimes Against Humanity Gerhard Kemp

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Book SynopsisEU enforcement authorities are on the rise, entrusted with investigating breaches of EU law by individuals and economic actors. What are the implications for legal practice of their increasing prominence? This book explores this pertinent question from a constitutional and comparative perspective. It sets out the perimeters for composite enforcement and explores the relevant issues such as the interface between criminal and administrative law enforcement, the protection of fundamental rights and legal protection, as well as the admissibility of evidence, including unlawfully obtained evidence. Given the very real implications of the authorities’ investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law.Table of ContentsIntroduction Michiel Luchtman (Utrecht University, the Netherlands), Katalin Ligeti (University of Luxembourg) and John Vervaele (Utrecht University, the Netherlands) PART I PUNITIVE ENFORCEMENT IN COMPOSITE PROCEDURES: THE CONSTITUTIONAL SETTING 1. Setting the Scene: The Rise of EU Law Enforcement Authorities Michiel Luchtman (Utrecht University, the Netherlands) 2. Constitutional Principles and Composite Punitive Enforcement in the EU Aart de Vries (Utrecht University, the Netherlands) and Rob Widdershoven (Utrecht University, the Netherlands) 3. Composite Enforcement and Comprehensive Judicial Protection Katalin Ligeti (University of Luxembourg) and Gavin Robinson (Utrecht University, the Netherlands) PART II MODELS FOR PUNITIVE ENFORCEMENT IN COMPOSITE PROCEDURES 4. The Investigative Stage Martin Böse (University of Bonn, Germany ) and Anne Schneider (University of Düsseldorf, Germany) 5. The Exchange of Operational Information between EU and National Authorities Koen Bovend’Eerdt (Utrecht University, the Netherlands) and Iro Karagianni (Utrecht University, the Netherlands) 6. The Use of Investigative Results as Evidence in National Punitive Proceedings: The Case of OLAF Fabio Giuffrida (European Commission, Belgium) and Georgia Theodorakakou (European Criminal Law Academic Network, Belgium) PART III CAPITA SELECTA: TOPICAL ISSUES OF EU ENFORCEMENT AUTHORITIES AND THEIR RELATIONS WITH THE NATIONAL LEGAL ORDERS 7. Where Engel Fears to Tread? Applicable Law, Choice of Forum and Ne Bis in Idem in a Composite Administrative Punitive Legal Order Gavin Robinson (Utrecht University, the Netherlands) 8. Information Sharing between the EU Administrative Enforcement Agencies and the Criminal Authorities Sensu Stricto Silvia Allegrezza (University of Luxembourg), Anna Moraiti (University of Luxembourg), Leonardo Romanò (University of Luxembourg) and Andrea Salemi (Grimaldi Studio Legale, Belgium) 9. Lawful and Fair Use of Criminal Evidence in the EU: The Unwritten Script for European Enforcement Agencies John Vervaele (Utrecht University, the Netherlands) PART IV OUTLOOK AND PERSPECTIVES 10. Pertinent Issues of Punitive Enforcement in a Composite Legal Order Michiel Luchtman (Utrecht University, the Netherlands) 11. Outlook on the European Public Prosecutor’s Office: A Giant with National Clay Feet? John Vervaele (Utrecht University, the Netherlands)

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Book SynopsisCan traditional approaches to criminal jurisdiction adapt to the new global reality of the digital era? In this innovative book, leading experts in criminal, international and internet law unite to address this fundamental question. They consider how jurisdictional regimes are orientated around concepts of territoriality and extraterritoriality, how these categories are increasingly blurred in the digital era, and how a range of jurisdictional transformations are occurring in the process. Part I presents novel doctrinal, empirical and theoretical perspectives on criminal jurisdiction, exploring how states are shaping and reimagining jurisdictional concepts in the crafting and interpretation of criminal offences, and the ramifications of increasing jurisdictional concurrency in state practice. Part II focuses on the investigative and enforcement powers of the state to assess how these issues are transforming traditional understandings of jurisdictional rules and boundaries, the challenges and opportunities that these present for law enforcement authorities, and the sorts of constraints and safeguards that may be necessary as a result. The picture that emerges is a world of jurisdictional rules in a state of flux, which demands the diversity of legal perspectives presented in this book for documenting, rationalising and moving beyond the transformations that are taking shape in modern statecraft.Table of ContentsIntroduction, Micheál Ó Floinn (University of Glasgow, UK), Lindsay Farmer (University of Glasgow, UK), Julia Hörnle (Queen Mary University of London, UK) and David Ormerod (University College London, UK) Part One: Prescriptive Jurisdiction 1. The Presumption against Extraterritorial Criminal Jurisdiction, Alejandro Chehtman (Universidad Torcuato Di Tella, Argentina) 2. Text-Driven Jurisdiction in Cyberspace, Mireille Hildebrandt (Vrije Universiteit Brussels, Belgium) 3. Extraterritorial Ambit through Offence Definitions, Technology and Economic Power, Darryl Brown (University of Virginia, USA) 4. The Jurisdictional Reach of Corporate Criminal Offences in a Globalised Economy: Effectiveness and Guarantees ‘Taken Seriously’, Vincenzo Mongillo (Unitelma Sapienza University of Rome, Italy) 5. Extraterritorial Criminal Jurisdiction in International Law: Time for an Empirical Examination, Matthew Garrod (University of Sussex, UK) 6. Human Rights as Penal Drivers across the World, Mattia Pinto (University of York, UK) Part Two: Enforcement Jurisdiction 7. Enforcement Jurisdiction in A-territorial Spaces: Addressing Crime on the High Seas and in Cyberspace, Cedric Ryngaert (Utrecht University, the Netherlands) 8. Fitbit Health Data, Apple’s Geodata and Google Searches: Cross-Border Law Enforcement and the Territoriality Principle, Uta Kohl (University of Southampton, UK) 9. What Triggers the Extraterritorial Application of Fundamental Rights? From Effective Control Over Territory to State Act Theory in Cross-Border Surveillance, Julia Hörnle (Queen Mary University of London, UK) 10. Enforcement Jurisdiction and CLOUD Act Agreements: Clarity or Confusion? Tim Cochrane (University of Cambridge, UK) 11. Law Enforcement Access to Encrypted Data across Borders, Jessica Shurson (University of Sussex, UK) 12. Unexplained Wealth Orders against Politically Exposed Persons as a Response to Jurisdictional Limitations: Problems and Potential, Áine Clancy (University of Sheffield, UK)

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