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International Criminal Law from a Swedish Perspective

This book describes and analyzes the Swedish legal rules and practices regarding jurisdiction, mutual legal assistance in criminal matters, extradition, and the EU arrest warrant. Swedish law and practice in international criminal law is particularly significant for two main reasons. First, it is a system which is both logical and coherent. It displays a considerable Germanic theoretical influence, but its sophistication is tempered by pragmatism and is designed to facilitate "user-friendliness." Second, the Nordic countries - because of a common history, shared language, and cultural factors - have long had a very high and effective degree of cooperation in international criminal law matters. The experience of Nordic cooperation has been an important inspiration for the legislative work of the EU in the field. To create a "European judicial space," based upon both harmonization and mutual recognition of decisions, the EU has produced a large number of instruments to improve judicial and prosecutorial cooperation in criminal matters. With the adoption of the Lisbon Treaty, the pace of EU legislation in the field will increase. These EU instrument cannot work effectively unless they are integrated properly into the criminal law systems of the Member States, and these systems in turn facilitate efficient cooperation. The European judicial space also requires a high degree of understanding of other systems and a high level of mutual trust. At a time when regionalization and globalization are leading to an increase in the number of offenses with a transnational dimension, this book is designed to make the "best practices" of the Swedish system of international criminal law accessible to an English-speaking legal public. (Series: Supranational Criminal Law: Capita Selecta - Vol. 9)

This book describes and analyzes the Swedish legal rules and practices regarding jurisdiction, mutual legal assistance in criminal matters, extradition, and the EU arrest warrant.

The Crime of Conspiracy in International Criminal Law

This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute’s purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems.

This book looks at the relevance of conspiracy in international criminal law.

Secondary Liability in International Criminal Law

A Study on Aiding and Abetting Or Otherwise Assisting the Commission of International Crimes

Notions such as complicity, accessory liability, as well as aiding and abetting frequently appear in international criminal law. This study focuses on the relevant legal issues concerning secondary liability as a mode of individual criminal responsibility. The first section of the book looks into the distinction between primary and secondary liability, the nature of secondary liability, and the approaches to prevent secondary liability from being over-inclusive. Additional sections analyze the body of law that has been shaped by the trials conducted in the aftermath of World War II, the trials that have emerged from the ad hoc tribunals for the crimes committed in the former Yugoslavia (ICTY) and Rwanda (ICTR), and the trials which has been created by the EU Member States to the Rome Statute of the International Criminal Court (ICC). The main questions asked are: How does secondary liability relate to a system of perpetration and participation? How is it distinguished from other modes of liability? What are its actus reus and mens rea elements? Particular emphasis has been laid on the substantial and direct effect requirements, as well as on the notion of purposive facilitation. (Series: International Criminal Law - Vol. 3)

The first section of the book looks into the distinction between primary and secondary liability, the nature of secondary liability, and the approaches to prevent secondary liability from being over-inclusive.

International Criminal Law

"This book is an excellent guide to the realities of this new and rapidly changing legal landscape. It draws together a wide variety of different subjects that are not usually found under the same cover to provide a book that introduces both students and practitioners to international criminal law, whilst examining in detail the power and limitations of the new international criminal courts and tribunals."--BOOK JACKET.

"This book is an excellent guide to the realities of this new and rapidly changing legal landscape.

International Criminal Law

Intersections and Contradictions

This engaging primer presents the field of International Criminal Law (ICL) in new and accessible ways. It provides a concise summary of key ICL doctrines while also raising novel and interdisciplinary perspectives. It targets a wide range of audiences, including law and other graduate students studying international law and related disciplines, such as human rights, transitional justice, peacebuilding, and conflict resolution. The book will also be useful for those working in the field--including diplomats, mediators, government officials, and negotiators--who need to understand the foundations and core concepts of ICL. It offers a useful primer for someone new to the field, and provides thought-provoking discussions for more seasoned practitioners. Part I introduces the domain of ICL. Specific chapters are devoted to the different strands of the field's history; the web of institutions that apply and interpret ICL; how the rules of international law generally, and ICL in particular, are created; theories that attempt to explain why certain crimes are subject to international regulation; and the unique challenges posed by the principle of legality within ICL. Part II is devoted to the intersecting elements of the major crimes recognized by international law (war crimes, crimes against humanity, genocide, aggression, and terrorism), the unique development of modes of liability under international law (including superior responsibility, complicity, co-perpetration, and joint criminal enterprise), and some of the defenses that might be deployed to block or mitigate liability (immunities, amnesties, and excuses). The text ends with two synthesis chapters. The first provides an in-depth case study of Syria to illustrate the way in which members of the international community can attempt to invoke, and block access to, the architecture of ICL and related accountability mechanisms. The second revisits some of the fundamental objectives underlying ICL, the more trenchant critiques of the project of international justice, and the breadth of creativity underlying alternative mechanisms developed under the cognate fields of transitional justice and conflict resolution. More than a hornbook, the text goes beyond a straight doctrinal discussion of ICL and offers insightful and provocative insights into the field. In so doing, it highlights points of intersection and divergence within core doctrines and offers a candid assessment of challenges in the field and opportunities for growth and development.

The book will also be useful for those working in the field--including diplomats, mediators, government officials, and negotiators--who need to understand the foundations and core concepts of ICL.

International Criminal Law—A Counter-Hegemonic Project?

This book enquires into the counter-hegemonic capacity of international criminal justice. It highlights perspectives and themes that have thus far often been neglected in the scholarship on (critical approaches to) international criminal justice. Can international criminal justice be viewed as a ‘counter-hegemonic’ project? And if so, under what conditions? In response to these questions, scholars and practitioners from the Global South and North reflect inter alia on the engagement with international criminal justice in the context of Ukraine, Palestine, and minorities in South-Asia while also highlighting the hegemonic tendencies built into the institutional structure of the International Criminal Court on the axes of gender and language. Florian Jeßberger is Professor of Criminal Law and Director of the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany. Leonie Steinl is a Senior Lecturer in Criminal Law at Humboldt-Universität zu Berlin, Germany. Kalika Mehta is an Associate Researcher at the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany.

This book enquires into the counter-hegemonic capacity of international criminal justice.

Relationships Between International Criminal Law and Other Branches of International Law

This course investigates the relationships between international criminal law and other branches of international law. It begins by examining four issues of general international law: the principal sources of international law, jurisdiction and immunities, State responsibility, and use of force. It then explores internationalhumanitarian law, focusing on definitions of war crimes and difficulties in linking IHL and ICL. Next, it examines refugee law, paying particular attention to the exclusion of war criminals from refugee protection and to international crimes that may be related to the rights and treatment of refugees. The final chapter explores the relationship between ICL and human rights law, examining the position of human rights within the Rome Statute of the ICC, as well as the human rights aspects of genocide, crimes against humanity, various procedural rights relating to fair international trials and the contribution of human rights fact-finding mechanisms.

Watch the interview with William Shabas on Relationships Between International Criminal Law and Other Branches of International LawThis course investigates the relationships between international criminal law and other branches of ...

Guilty Pleas in International Criminal Law

Constructing a Restorative Justice Approach

International crimes, such as genocide and crimes against humanity, are complex and difficult to prove, so their prosecutions are costly and time-consuming. As a consequence, international tribunals and domestic bodies have recently made greater use of guilty pleas, many of which have been secured through plea bargaining. This book examines those guilty pleas and the methods used to obtain them, presenting analyses of practices in Sierra Leone, East Timor, Cambodia, Argentina, Bosnia, and Rwanda. Although current plea bargaining practices may be theoretically unsupportable and can give rise to severe victim dissatisfaction, the author argues that the practice is justified as a means of increasing the proportion of international offenders who can be prosecuted. She then incorporates principles drawn from the domestic practice of restorative justice to construct a model guilty plea system to be used for international crimes.

Nancy Combs provides the most thorough treatment we have of it. This is a thoughtful book that exposes the paradoxes in the way rule of law policies work out.

Rethinking International Criminal Law

Restorative Justice and the Rights of Victims in the International Criminal Court

The study focuses on the right of victims to participation and to reparations under the Rome Statute of the International Criminal Court. The author argues that the ICC offers an opportunity for the entrenchment of the concerns of victims in the international criminal process. However, he suggests that this depends on what framework of justice the Court adopts. The author further argues that previous international criminal tribunals operated on retributive and utilitarian theories of criminal justice that are exclusionary of and inimical to specific concerns of victims of international crimes. The largely retributive and utilitarian objects driving these systems limited victims to a peripheral status in the process and failed to address fully the harm occasioned to victims.The author proposes restorative justice as the best paradigm of giving effect to the said rights of victims while meeting the law enforcement functions of the prosecutor and protecting defence rights in the ICC.

The study focuses on the right of victims to participation and to reparations under the Rome Statute of the International Criminal Court.