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Direct Application of International Criminal Law in National Courts

When national courts judge international crimes like genocide, crimes against humanity and war crimes, they can draw on both national and international criminal law. The relationship between these two bodies of law is not always clear. Can national courts base prosecutions of international crimes directly on international criminal law? In a world where national laws often proscribe international crimes in an incomplete or deficient manner, this question has considerable practical relevance for the enforcement of international criminal law. Yet, it has received little attention in doctrine while practice shows widely divergent approaches of national courts to the feasibility of direct application. The author examines the concept of the direct application of international criminal law in national courts. He provides a rich description of the relevant practice in many different States ranging from Argentina to Senegal. Easily accessible, this book is a valuable tool for academics and practitioners alike.

He provides a rich description of the relevant practice in many different States ranging from Argentina to Senegal. Easily accessible, this book is a valuable tool for academics and practitioners alike.

International Criminal Law

Cases and Materials

The fourth edition has been significantly updated, especially to reflect case trends in the International Criminal Court and the International Criminal Tribunals for Former Yugoslavia and for Rwanda (encompassing, among other matters, individual responsibility, defenses, war crimes, genocide, and other crimes against humanity). Some of the chapters have new sub-subtitles and relevant domestic cases have been added or noted in various chapters. There are also additions to the Documents Supplement.

The fourth edition has been significantly updated, especially to reflect case trends in the International Criminal Court and the International Criminal Tribunals for Former Yugoslavia and for Rwanda (encompassing, among other matters, ...

The New Histories of International Criminal Law

Retrials

The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.

This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches.

Critical Approaches to International Criminal Law

An Introduction

"This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. This field has recently experienced a significant surge in scholarship, in institutions, and in public debate. Individual criminal accountability is firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Yet international criminal law as a field has is largely unchecked and unquestioned. The speed at which international tribunals, such as the International Criminal Tribunal for the Former Yugoslavia, or the International Criminal Tribunal for Rwanda, and of course the permanent International Criminal Court, were established has left little time to ponder the assumptions which inform international criminal justice as it is currently understood. A more considered interrogation this field is, then, overdue. And, including papers from an international range of experts in this area, this book critically examines the central tenets of international criminal law: its limitations, as well as its complicities"--

This collection of essays is the first dedicated to the topic of critical approaches to international criminal law.

Command Responsibility in International Criminal Law

This book offers an in-depth study of the command responsibility doctrine, pursuant to which military commanders and civilian leaders can be held responsible for the crimes committed by their subordinates that they failed to prevent or punish. This form of responsibility has gained much attention in the last years; however, it still presents several open questions and critical difficulties arise in its application. The author traces the roots of such criminal responsibility, from its military origins to its first appearances in international case law after World War II. Particular attention is given to the jurisprudence of the ad hoc Tribunals, which extensively elaborated on the issue, and to the provision of Article 28 of the Statute of the International Criminal Court. The book provides a systematic analysis of command responsibility, outlining its different forms and finding a proper role for it within the complex net of responsibilities that connotes the commission of international crimes. This book is an important contribution to the literature and worldwide discussion on command responsibility and therefore highly recommended to scholars of international law, criminal law and international criminal law as well as to all practitioners (judges, legal assistants, prosecutors, defence counsels) working at or with international tribunals, experts in the military field, investigators dealing with international crimes, NGOs and journalists. Chantal Meloni is working as a Researcher at the Criminal Law Department of the UniversitàdegliStudi of Milan, Italy. Since several years she specializes in international criminal law. She spent long research periods abroad, in particular at the Humboldt Universität of Berlin in Germany. She also worked at the International Criminal Court as a Legal Assistant in Chambers.

This book offers an in-depth study of the command responsibility doctrine, pursuant to which military commanders and civilian leaders can be held responsible for the crimes committed by their subordinates that they failed to prevent or ...

International Criminal Law

A Critical Introduction

International Criminal Law: A Critical Restatement is an essential guide to the relatively recent, but rapidly growing field of international criminal justice. Written by four leading practitioners and academics associated with the International Criminal Tribunals for the former Yugoslavia and Rwanda, this book analyzes the tribunals' substantive and procedural law from an entirely new and critical perspective. In addition, the book explains the tribunals' place in the international legal order, and their relationships with - and ramifications for - national jurisdictions.

Written by four leading practitioners and academics associated with the International Criminal Tribunals for the former Yugoslavia and Rwanda, this book analyzes the tribunals' substantive and procedural law from an entirely new and ...

The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

This title is a comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.

Tried and tested by undergraduate law students across the UK. "Everything you could possibly want in a revision guide - to the point, user-friendly, easy-to-follow" Peter McNaughton, law student The Law Express series is tailored to help ...

International Criminal Law

Transnational Criminal Organizations and Transitional Justice

Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.

-- International criminal law and transitional justice -- Definition and scope of transitional justice : should it be applied to situations of large scale violence by transnational criminal organizations? special attention to the situation ...