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The Theory and Practice of International Criminal Law

Essays in Honor of M. Cherif Bassiouni

"Cherif Bassiouni" is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on "Cherif Bassiouni's" unique legacy within this important area. Among the contributing authors are "Louise Arbour," UN High Commissioner for Human Rights; "Mahnoush Arsanjani," Chief of the UN Office of Legal Affairs Codification Division; "Diane Orentlicher," UN Independent Expert on Combating Impunity; "Michael Reisman," former President of the Inter-American Commission for Human Rights; "Yves Sandoz," Director for International Law of the International Committee of the Red Cross; "William Schabas," Member of the Sierra Leone Truth Commission; "Brigitte Stern," Advocate for the Bosnians in the World Court's Genocide case; and "Prince Hassan bin Talal," first President of the Assembly of States Parties of the International Criminal Court.

This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on "Cherif Bassiouni's" unique legacy within ...

International Criminal Law

"This is the first textbook on international criminal law to be published after the adoption of the Rome Statute of the International Criminal Court in July 1998 and the adoption, in June 2000, of the Elements of Crimes under the Statute and the Court's Rules of Procedure and Evidence." "The book systematically analyses international criminal law in light of the latest developments, including the jurisprudence of the International Criminal Tribunal for the Former Yugoslavia and that for Rwanda." "This textbook covers both the substantive and procedural aspects of international criminal law, contains the most recent relevant case law, and provides a succinct introduction to this increasingly popular subject."--BOOK JACKET.

This is the first ever textbook on international criminal law published after the adoption of the Rome Statute of the International Criminal Court in July 1998 and the adoption in June 2000 of the Elements of Crimes under the Statute and ...

The Oxford Handbook of International Criminal Law

Moving away from conventional approaches to the study of the subject, the Oxford Handbook of International Criminal Law draws on insights from disciplines both outside of criminal law and outside of law itself to critically examine issues such as international criminal law's actors, rationales, boundaries, and narratives

Moving away from conventional approaches to the study of the subject, the Oxford Handbook of International Criminal Law draws on insights from disciplines both outside of criminal law and outside of law itself to critically examine issues ...

Historical Origins of International Criminal Law

Volume 2

The historical origins of international criminal law go beyond the key trials of Nuremberg and Tokyo but remain a topic that has not received comprehensive and systematic treatment. This anthology aims to address this lacuna by examining trials, proceedings, legal instruments and publications that may be said to be the building blocks of contemporary international criminal law. It aspires to generate new knowledge, broaden the common hinterland to international criminal law, and further develop this relatively young discipline of international law. The anthology and research project also seek to question our fundamental assumptions of international criminal law by going beyond the geographical, cultural, and temporal limits set by the traditional narratives of its history, and by questioning the roots of its substance, process, and institutions. Ultimately, we hope to raise awareness and generate further discussion about the historical and intellectual origins of international criminal law and its social function. The contributions to the three volumes of this study bring together experts with different professional and disciplinary expertise, from diverse continents and legal traditions. Volume 2 comprises contributions by prominent international lawyers and researchers including Professor LING Yan, Professor Neil Boister, Professor Nina H.B. J rgensen, Professor Ditlev Tamm and Professor Mark Drumbl.

The contributions to the three volumes of this study bring together experts with different professional and disciplinary expertise, from diverse continents and legal traditions.

Foundations of International Criminal Law

Through his insightful and engaging commentary, the author draws each concept from the developing jurisprudence and historical record, including from personal experience as an ICTY Senior Trial Attorney. The key influences underpinning the development of law in this area are identified and considered, including the creation and operation of the international criminal tribunals of the former Yugoslavia, Rwanda, East Timor and Cambodia and the permanent International Criminal Court. The interplay of jurisdiction and state sovereignty in international criminal law is examined and its core crimes are discussed, supported by examples drawn from real-life prosecutions. The commentary also details issues pertinent to both the prosecution and defence in an international criminal law matter. Problems, activities and suggested readings supplement the text. This highly readable work is an ideal introduction for students and other readers new to the area, while those more familiar with its issues will value the author's perspectives on this often confronting subject-matter.

This highly readable work is an ideal introduction for students and other readers new to the area, while those more familiar with its issues will value the author's perspectives on this often confronting subject-matter.

The Crime of Aggression in International Criminal Law

Historical Development, Comparative Analysis and Present State

Since after the Second World War, the crime of aggression is – along with genocide, crimes against humanity and war crimes – a “core crime” under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the volume draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States ́ legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statute ́s substantive and procedural provisions pertaining to the exercise of the International Criminal Court ́s jurisdiction with respect to the crime of aggression, after 1 January 2017.

This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up ...

International Criminal Law in a Nutshell

The Nutshell is intended as an introduction for students taking a first course in international criminal law as well as practitioners with little or no familiarity with the field. After a brief introduction to the history of international criminal law (from its origins through Nuremburg to the ad hoc tribunals for the Former Yugoslavia and Rwanda), it summarizes basic principles of international accountability (such as the doctrine of "legality") and concepts of international criminal jurisdiction (including "universal" jurisdiction). Several chapters focus on the International Criminal Court, in particular its substantive jurisdiction (genocide, crimes against humanity, war crimes and aggression), modes of liability and available defenses. Additional chapters cover the purposes and procedures of extradition (and its alternatives, such as "rendition") and mutual legal assistance (obtaining evidence abroad for use in criminal cases). Attention is also given to the major ?

A final chapter addresses the "future" of international criminal law and alternatives to international prosecutions. The book is written so that readers will not require prior experience in the field of international law.

Treatise on International Criminal Law

Volume I: Foundations and General Part

This is the first volume of an authoritative three-volume treatise on international criminal law. The text provides comprehensive treatment of issues relevant to the foundations, general part of international criminal law, and general principles of international criminal justice.

This is the first volume of an authoritative three-volume treatise on international criminal law.

Domesticating International Criminal Law

Reflections on the Italian and German Experiences

This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Völkerstrafgesetzbuch 20 years after its adoption, as well as it introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice. Following the adoption of the ICC Statute, many States, including Germany with the 'Völkerstrafgesetzbuch', introduced specific legislation to incorporate international criminal law into their domestic legal systems and have been investigating and prosecuting war crimes, crimes against humanity, genocide, and even aggression ever since. 25 years later, however, the process is not completed as other countries, like Italy, are still in the way to adopt provisions on international crimes. This book opens with a broad overview of the different approaches of the domestication of international criminal law, with a specific focus on the German and the Italian systems. After an assessment of the prerequisites for the domestic implementation of international criminal law, also from a constitutional law perspective, each chapter offers an in-depth analysis of a specific issue, such as: the definition of international crimes (genocide and crimes against humanity, war crimes and aggression); the applicability of and exceptions to the general principles of domestic criminal law; the regulation of individual criminal responsibility; the sanctioning process; as well as procedural aspects related to immunities, jurisdiction and prosecutorial discretion. The strong academic perspective of the authors is well complemented by an equally strong practitioner perspective, provided by legal scholars in the highest positions in International and national judicial institutions, resulting in a well-informed and critical appraisal of the most recent developments overall in the international criminal justice system. Domesticating International Criminal Law will be of great interest to legal scholars and students, as well as practitioners with an interest in comparative and international law, international criminal law and international relations.

This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute.

The Concept of Genocide in International Criminal Law

Developments after Lemkin

This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe, and it was then incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts, and see whether the definition in the 1948 convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments. As a valuable contribution to the debate on the significance, meaning and application of the crime of genocide the book will be essential reading for students and academics working in the areas of Legal History, International Criminal Law, Human Rights, and Genocide Studies.

This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide.