For the Sake of Present and Future Generations
Essays on International Law, Crime and Justice in Honour of Roger S. Clark
Professor Roger Stenson Clark has played a pivotal role in developing International Criminal Law, and the movement against nuclear weapons. He was one of the intellectual and moral fathers of the International Criminal Court. This Festschrift brings together forty-one appreciative friends to honour his remarkable contribution. The distinguished contributors provide incisive contributions ranging from the reform of the Security Council, to rule of law and international justice in Africa, to New Zealand cultural heritage, to customary international law in US courts, and more. Threaded through these richly diverse contributions is one common feature: a belief in values and morality in human conduct, and a passion for transformative use of law, ‘for the sake of present and future generations.’
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Suzannah Linton has been, inter alia, Chair of International Law at Bangor University in the UK, Associate Professor of Law at the University of Hong Kong, a UN prosecutor for Serious Crimes in East Timor, served at the International Criminal Tribunal for the former Yugoslavia and the Claims Resolution Tribunal for Dormant Accounts in Switzerland, and worked in the field in Cambodia, Indonesia, East Timor, Bosnia-Herzegovina, Croatia and elsewhere. During her time in Hong Kong, she uncovered war crimes trials held in the territory from 1946-1948 and brought them to global prominence through a database at the University of Hong Kong, and academic publications such as Hong Kong’s War Crimes Trials (OUP 2013). She is a founding member of the Antonio Cassese Initiative for Peace, Justice and Humanity.
Gerry Simpson is a Professor of International Law at the London School of Economics and an Open Society International Scholar (based in Tbilisi, Georgia). He is the author of Great Powers and Outlaw States (Cambridge, 2004) and Law, War and Crime: War Crimes Trials and the Reinvention of International Law (Polity 2007). His latest book, The Margins of International Law (a collection of his essays), will be published by Cameron and May in 2015. Gerry currently is working on a book about the literary life of international law.
William A. Schabas OC is a Canadian international law and human rights scholar. He is a professor of international law at Middlesex University a professor of international humanitarian law and human rights at Leiden University, and a widely published scholar on subjects including genocide and international criminal tribunals. In 2014 Professor Schabas was appointed to the United Nations Human Rights Council’s Commission of Inquiry into the 2014 Israel-Gaza conflict. He is an Officer of the Order of Canada and a member of the Royal Irish Academy.
Gerry Simpson is a Professor of International Law at the London School of Economics and an Open Society International Scholar (based in Tbilisi, Georgia). He is the author of Great Powers and Outlaw States (Cambridge, 2004) and Law, War and Crime: War Crimes Trials and the Reinvention of International Law (Polity 2007). His latest book, The Margins of International Law (a collection of his essays), will be published by Cameron and May in 2015. Gerry currently is working on a book about the literary life of international law.
William A. Schabas OC is a Canadian international law and human rights scholar. He is a professor of international law at Middlesex University a professor of international humanitarian law and human rights at Leiden University, and a widely published scholar on subjects including genocide and international criminal tribunals. In 2014 Professor Schabas was appointed to the United Nations Human Rights Council’s Commission of Inquiry into the 2014 Israel-Gaza conflict. He is an Officer of the Order of Canada and a member of the Royal Irish Academy.
Editors’ Preface & Acknowledgements; Biographies Of Contributors;
Roger S Clark
1. Tribute: Jose Ramos Horta
2. Tribute: Tuiloma Neroni Slade
3. Laudatio: In Honour of Roger Clark: M. Cherif Bassiouni
4. Roger Clark, A Personal Tribute: William A. Schabas
5. Roger Avant-Garde: Gerry Simpson
Essays on Peace, War & Global Security
6. Germany and the Crime of Aggression: Claus Kreß
7. Mobilising Law on the Side of Peace: Security Council Reform and the Crime of Aggression: Brian Foley
8. From the Shoulders of Giants: Harold Nicolson’s Peacemaking 1919 and the Congress of Vienna: Pam Jenoff
9. The Rule of Law, the International Justice System and Africa: Daniel David Ntanda Nsereko
10. Global Citizenship: Kennedy Graham
11.From Dr Strangelove to Dr Suess: Contributions of Professor Roger Clark on the Legal Norm against Nuclear Weapons: Alyn Ware
Essays on Human Rights
12. Updating the Standard Minimum Rules for the Treatment of Prisoners: Nigel S Rodley, Andrea Huber & Lorna Mcgregor
13. The High Commissioner for Human Rights on the Legal Obligation of Corporations to Respect International Human Rights Norms: Chile Eboe-Osuji
14. Human Rights as International Constitutional Law: Bertrand G. Ramcharan
15. Human Rights in Foreign Policy: Can Realism be Liberalized?: David P. Forsythe
Essays on Self-Determination
16. West Papuan Self-Determination and International Law: New Indigenous Rights or Old-Fashioned Genocide?: Catherine J. Iorns Magallanes
17. “Professor Clark, What can We Do about the Western Sahara”?: Suzannah Linton
Essays on International, Transnational & Comparative Criminal Law
18. Forks in the Road – Personal Reflections on Negotiating the Kampala Amendments on the Crime of Aggression: Christian Wenaweser & Stefan Barriga
19. The Elusive Essence of Crimes against Humanity: Margaret M. Deguzman
20. Towards a New Global Treaty on Crimes against Humanity: Leila Nadya Sadat
21. Challenges in Applying Article 8 of the Rome Statute: Tim Mccormack
22. Perpetrators (Article 25 (3) of the ICC Statute): Thomas Weigend
23. The Limited Reach of Superior Responsibility: Shane Darcy
24. Possession as a Criminal Offence and the Function of the Mental Element: Reflections from a Comparative Perspective: Kai Ambos
25. Of War Councils and Warmongering: Considering the Viability of Incitement to Aggression: Gregory S Gordon
26. Individual Criminal Responsibility – Of “Dog’s Law”, Offending against Sound Popular Feeling, Semi-Colons and Commas: Kenneth Keith
27. The 2012 Protocol on the Illicit Trade in Tobacco – Signpost to the Future of Transnational Criminal Law?: Neil Boister
Essays on & from North America
28. Roger Clark’s Role in the Removal of Capital Punishment From the American Law Institute’s Model Penal Code: Ellen S. Podgor
29. Customary International Law as the Rule of Decision in Human Rights Litigation in the US Courts: Joseph Dellapenna
30. Human Rights Treaties in and beyond the Senate: The Spirit of Senator Proxmire: Jean Galbraith
31. Judicial Review of Decision-Making Engaging Public Practices ond Other Manifestations of Faith – Lessons From Roger Clark and Beatty V. Gillbanks: David Mullan
32. The Alien Tort Statute, Kiobel, and the Struggle for Human Rights Accountability: Beth Stephens
33. Dynamics of International Legal Systems and State Regulatory Autonomy: Ari Afilalo
34. Practicing E-Legally: The United Nations Convention on the Use of Electronic Communications in International Commerce: Amelia Boss
Essays on New Zealand
35. Foreign Cultural Heritage Claims: New Zealand V. Ortiz Thirty Years Later: Robert K. Paterson & James A.R. Nafziger
Essays from the Field
36. Reform of UN Inquiries: Geoffrey Palmer
37. “Knocked over by a Pile of Bombs. Hasn’t Felt Well Since”: Nuclear Test Veterans and the UK Ministry of Defence Pensions System: Sue Rabbitt Roff
38. Overcoming Implementation Issues of the Victims’ Law in Colombia: Ashley Clark
CV of Roger S Clark.
Index.
Roger S Clark
1. Tribute: Jose Ramos Horta
2. Tribute: Tuiloma Neroni Slade
3. Laudatio: In Honour of Roger Clark: M. Cherif Bassiouni
4. Roger Clark, A Personal Tribute: William A. Schabas
5. Roger Avant-Garde: Gerry Simpson
Essays on Peace, War & Global Security
6. Germany and the Crime of Aggression: Claus Kreß
7. Mobilising Law on the Side of Peace: Security Council Reform and the Crime of Aggression: Brian Foley
8. From the Shoulders of Giants: Harold Nicolson’s Peacemaking 1919 and the Congress of Vienna: Pam Jenoff
9. The Rule of Law, the International Justice System and Africa: Daniel David Ntanda Nsereko
10. Global Citizenship: Kennedy Graham
11.From Dr Strangelove to Dr Suess: Contributions of Professor Roger Clark on the Legal Norm against Nuclear Weapons: Alyn Ware
Essays on Human Rights
12. Updating the Standard Minimum Rules for the Treatment of Prisoners: Nigel S Rodley, Andrea Huber & Lorna Mcgregor
13. The High Commissioner for Human Rights on the Legal Obligation of Corporations to Respect International Human Rights Norms: Chile Eboe-Osuji
14. Human Rights as International Constitutional Law: Bertrand G. Ramcharan
15. Human Rights in Foreign Policy: Can Realism be Liberalized?: David P. Forsythe
Essays on Self-Determination
16. West Papuan Self-Determination and International Law: New Indigenous Rights or Old-Fashioned Genocide?: Catherine J. Iorns Magallanes
17. “Professor Clark, What can We Do about the Western Sahara”?: Suzannah Linton
Essays on International, Transnational & Comparative Criminal Law
18. Forks in the Road – Personal Reflections on Negotiating the Kampala Amendments on the Crime of Aggression: Christian Wenaweser & Stefan Barriga
19. The Elusive Essence of Crimes against Humanity: Margaret M. Deguzman
20. Towards a New Global Treaty on Crimes against Humanity: Leila Nadya Sadat
21. Challenges in Applying Article 8 of the Rome Statute: Tim Mccormack
22. Perpetrators (Article 25 (3) of the ICC Statute): Thomas Weigend
23. The Limited Reach of Superior Responsibility: Shane Darcy
24. Possession as a Criminal Offence and the Function of the Mental Element: Reflections from a Comparative Perspective: Kai Ambos
25. Of War Councils and Warmongering: Considering the Viability of Incitement to Aggression: Gregory S Gordon
26. Individual Criminal Responsibility – Of “Dog’s Law”, Offending against Sound Popular Feeling, Semi-Colons and Commas: Kenneth Keith
27. The 2012 Protocol on the Illicit Trade in Tobacco – Signpost to the Future of Transnational Criminal Law?: Neil Boister
Essays on & from North America
28. Roger Clark’s Role in the Removal of Capital Punishment From the American Law Institute’s Model Penal Code: Ellen S. Podgor
29. Customary International Law as the Rule of Decision in Human Rights Litigation in the US Courts: Joseph Dellapenna
30. Human Rights Treaties in and beyond the Senate: The Spirit of Senator Proxmire: Jean Galbraith
31. Judicial Review of Decision-Making Engaging Public Practices ond Other Manifestations of Faith – Lessons From Roger Clark and Beatty V. Gillbanks: David Mullan
32. The Alien Tort Statute, Kiobel, and the Struggle for Human Rights Accountability: Beth Stephens
33. Dynamics of International Legal Systems and State Regulatory Autonomy: Ari Afilalo
34. Practicing E-Legally: The United Nations Convention on the Use of Electronic Communications in International Commerce: Amelia Boss
Essays on New Zealand
35. Foreign Cultural Heritage Claims: New Zealand V. Ortiz Thirty Years Later: Robert K. Paterson & James A.R. Nafziger
Essays from the Field
36. Reform of UN Inquiries: Geoffrey Palmer
37. “Knocked over by a Pile of Bombs. Hasn’t Felt Well Since”: Nuclear Test Veterans and the UK Ministry of Defence Pensions System: Sue Rabbitt Roff
38. Overcoming Implementation Issues of the Victims’ Law in Colombia: Ashley Clark
CV of Roger S Clark.
Index.
Multi-disciplinary audience, albeit predominantly law and internationally minded. Academic institutes, academic libraries, public libraries; specialists, post-graduate students, undergraduate students, practitioners, sophisticated general public.