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Defence Counsel in International Criminal Law

Do international criminal courts sufficiently enable defence counsel to conduct an effective defence? When the ad hoc Tribunals for the former Yugoslavia and Rwanda were set up in the mid-nineties to prosecute those responsible for serious violations of international humanitarian law, little thought had been given to how to organize the defence. The Statutes and Rules of Procedure and Evidence were rather concise on the right to legal assistance and the role of the defence in proceedings. Simply assigning one counsel per accused was at first deemed sufficient. However, as the first trials got under way, it became apparent that more assistance was necessary to safeguard fair proceedings. This book is the first integral analysis which deals with the position of the defence in the international criminal courts. It pays particular attention to the sui generis character of international criminal proceedings and explores the critical areas that amount to an effective defence, including a proper legal aid system, access to competent legal assistance, equality of arms between the defence and the prosecution, sound standards of professional conduct and an effective right to self-representation. The book is highly recommended to those working in (international) criminal law, such as practitioners, academics, policymakers and all others interested in this new and still developing area of international law. Dr Jarinde Temminck Tuinstra carried out her research project on defence counsel in international criminal law at the University of Amsterdam and as a visiting researcher at Yale University after which she started working as a criminal defence attorney.

This book is the first integral analysis which deals with the position of the defence in the international criminal courts.

Principles of International Criminal Law

2nd Edition

“Principles of International Criminal Law” was first published four years ago and has been well received. It has since appeared not only in a second German edition, but also in Spanish, Italian and Chinese. Rapid developments in the field have now made a new English edition necessary. The worldwide interest in international criminal law is strong and ever growing. This is shown by, among other things, the proliferation of publications on the subject in recent years. While the ad hoc Tribunals for the former Yugoslavia and Rwanda will soon cease operations, the International Criminal Court is just getting in gear: The Court’s first decisions on important issues of procedural and substantive law are now available. Other forms of enforcing international criminal law, such as “hybrid” courts, have also assumed greater importance; at the same time, international criminal law has come increasingly to be implemented and enforced in domestic criminal law. Today, there are many indications that international criminal law will continue to develop rather than stagnate or even suffer reversals.

The worldwide interest in international criminal law is strong and ever growing. This is shown by, among other things, the proliferation of publications on the subject in recent years.

Statutory Limitations in International Criminal Law

This book answers the question whether the passage of time precludes the prosecution of international crimes committed in the past. It focuses on core international crimes (genocide, crimes against humanity and war crimes), torture and the forced disappearance of persons. The (non-)applicability of statutory limitations with respect to crimes committed during the Second World War, former communist regimes in Eastern Europe and military junta regimes in Latin America is examined extensively from a legal as well as historical perspective. It contains an analysis of 192 UN Member States, the case law of more than 18 states, an extended overview of international instruments and documents, international case law, references to scholarly writings and activities of non-governmental organizations. An index, a table of cases and a list of international instruments and documents enhance the usability of this book. Ruth A. Kok carried out her research at the University of Amsterdam, and works presently as a Legal Officer at the International Crimes Section of the District Court in The Hague.

This book answers the question whether the passage of time precludes the prosecution of international crimes committed in the past.

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.

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 ...

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.

Mistake of Law

Excusing Perpetrators of International Crimes

When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.

This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime.