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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.

International Criminal Law: National prosecutions for international crimes. National prosecution for international crimes

Criminological Approaches to International Criminal Law

A practical guide to what motivates international crimes and how these are structured and investigated in theory and practice.

A practical guide to what motivates international crimes and how these are structured and investigated in theory and practice.

Conscience of Prosecutors in International Criminal Law

The Heart of the Matter

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

This book evaluates the resting pulse of national and international criminal justice in conjunction with the actual definition of the truth which burdens prosecutors.

Historical Origins of International Criminal Law

This volume carries on the "comprehensive and critical mapping of international criminal law's origins" started by the previous two volumes. Twenty-seven authors investigate the evolution of legal doctrines and pertinent historical events, many in an attempt to inform contemporary theory and practice. Contributors include Narinder Singh, Eivind S. Homme, Manoj Kumar Sinha, Emiliano J. Buis, Shavana Musa, Jens Iverson, Gregory S. Gordon, Benjamin E. Brockman-Hawe, William Schabas, Patryk I. Labuda, GUO Yang, Philipp Ambach, Helen Brady, Ryan Liss, Sheila Paylan, Agnieszka Klonowiecka-Milart, Meagan Wong, Marina Aksenova, Zahra Kesmati, Chantal Meloni, Hitomi Takemura, Hae Kyung Kim, ZHANG Binxin, Morten Bergsmo, CHEAH Wui Ling, SONG Tianying and YI Ping. Part 1 of the book further expands the landscape of international criminal law in terms of geography, time and diversity of legal concepts in their early forms. Parts 2 and 3 turn to the origins and evolution of specific doctrines of international criminal law. Part 2 explores four core international crimes: war crimes, crimes against humanity, genocide, and aggression. Part 3 examines doctrines on individual criminal responsibility: modes of liability, grounds of criminal defence, and sentencing criteria. The doctrine-based approach allows vertical consolidation within a concept. The chapters also identify common and timeless tensions in international criminal law, symptomatic of ongoing struggles, offering parameters for assessment and action.

This volume carries on the "comprehensive and critical mapping of international criminal law's origins" started by the previous two volumes.

Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege

This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?

Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book ...

International Criminal Law

A Draft International Criminal Code

This is the first comprehensive, single-volume collection of terrorism documents. The editor assembled material from both governmental & nongovernmental source relating to the prevention & suppression of terrorism. The collection constitutes a valuable research tool for academics & also for those concerned with implementing instruments to combat terrorism.

This is the first comprehensive, single-volume collection of terrorism documents.