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The African Union’s Rethinking of International Criminal Justice
In
An African Criminal Court Dominique Mystris explores the potential contribution of a regional criminal court to international criminal law and justice across the continent. As set out in the Malabo Protocol, the court’s approach to international core crimes builds on from the current international system. Yet, the additional crimes and region-centric approach reflect the continental concerns.
To fully realise the court’s contribution, the African Union’s institutional objectives and approach to justice, peace and security, the author argues for the inclusion of the court within the African Peace and Security Architecture. By adopting such a holistic understanding of the Malabo Protocol court within the AU structure, a more accurate depiction of the potential of an African criminal court emerges.
To fully realise the court’s contribution, the African Union’s institutional objectives and approach to justice, peace and security, the author argues for the inclusion of the court within the African Peace and Security Architecture. By adopting such a holistic understanding of the Malabo Protocol court within the AU structure, a more accurate depiction of the potential of an African criminal court emerges.
The African Union’s Rethinking of International Criminal Justice
In
An African Criminal Court Dominique Mystris explores the potential contribution of a regional criminal court to international criminal law and justice across the continent. As set out in the Malabo Protocol, the court’s approach to international core crimes builds on from the current international system. Yet, the additional crimes and region-centric approach reflect the continental concerns.
To fully realise the court’s contribution, the African Union’s institutional objectives and approach to justice, peace and security, the author argues for the inclusion of the court within the African Peace and Security Architecture. By adopting such a holistic understanding of the Malabo Protocol court within the AU structure, a more accurate depiction of the potential of an African criminal court emerges.
To fully realise the court’s contribution, the African Union’s institutional objectives and approach to justice, peace and security, the author argues for the inclusion of the court within the African Peace and Security Architecture. By adopting such a holistic understanding of the Malabo Protocol court within the AU structure, a more accurate depiction of the potential of an African criminal court emerges.
Towards Interdisciplinary Synergies
The originality of this volume lies in the interdisciplinary synergies that emerge through the issues it explores and the approaches it adopts. It offers legal and ethical reflections on the criminal qualification of a series of conducts ranging from human experimentation and non-consensual medical interventions to organ transplant trafficking and marketing of human body parts. It also considers procedural matters, notably related to psychiatric and medical evidence. In so doing, it combines legal and other types of conceptualizations to examine such contemporary issues as rights of the LGBTIQ population, access to medical care, corporate criminal liability, rights of children and Islamic jurisprudence.
Towards Interdisciplinary Synergies
The originality of this volume lies in the interdisciplinary synergies that emerge through the issues it explores and the approaches it adopts. It offers legal and ethical reflections on the criminal qualification of a series of conducts ranging from human experimentation and non-consensual medical interventions to organ transplant trafficking and marketing of human body parts. It also considers procedural matters, notably related to psychiatric and medical evidence. In so doing, it combines legal and other types of conceptualizations to examine such contemporary issues as rights of the LGBTIQ population, access to medical care, corporate criminal liability, rights of children and Islamic jurisprudence.
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law (ICL). As a nascent legal regime that seeks to regulate the longstanding power of states to manage war and crime, ICL faces challenges to its legitimacy, including disagreement over its aims and effectiveness; inequality in the work of its institutions; and opposition from dominant countries. The editors bring together eleven senior and emerging scholars and practitioners from Europe, Asia, Africa, Australia and North America to analyse these challenges from an illuminating range of theoretical and empirical perspectives. Taken together, the collection ultimately helps advance our understanding of the particularly charged relationship between law and politics in ICL.
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law (ICL). As a nascent legal regime that seeks to regulate the longstanding power of states to manage war and crime, ICL faces challenges to its legitimacy, including disagreement over its aims and effectiveness; inequality in the work of its institutions; and opposition from dominant countries. The editors bring together eleven senior and emerging scholars and practitioners from Europe, Asia, Africa, Australia and North America to analyse these challenges from an illuminating range of theoretical and empirical perspectives. Taken together, the collection ultimately helps advance our understanding of the particularly charged relationship between law and politics in ICL.
Editor:
James C. Simeon
Terrorism and Asylum, edited by James C. Simeon, explores terrorism and asylum in all its interrelated and variable aspects, and permutations. The critical role terrorism plays as a driver in forced displacement, within the context of protracted armed conflict and extreme political violence, is analyzed. Exclusion from refugee protection for the alleged commission of terrorist activities is thoroughly interrogated. Populist politicians’ blatant use of the “fear of terrorism” to further their public policy security agenda and to limit access to refugee protection is scrutinized. The principal issues and concerns regarding terrorism and asylum and how these might be addressed, in the public interest while, at the same time, protecting and advancing the human rights and dignity of everyone are offered.
Editor:
James C. Simeon
Terrorism and Asylum, edited by James C. Simeon, explores terrorism and asylum in all its interrelated and variable aspects, and permutations. The critical role terrorism plays as a driver in forced displacement, within the context of protracted armed conflict and extreme political violence, is analyzed. Exclusion from refugee protection for the alleged commission of terrorist activities is thoroughly interrogated. Populist politicians’ blatant use of the “fear of terrorism” to further their public policy security agenda and to limit access to refugee protection is scrutinized. The principal issues and concerns regarding terrorism and asylum and how these might be addressed, in the public interest while, at the same time, protecting and advancing the human rights and dignity of everyone are offered.
Editor:
Richard H. Steinberg
The International Criminal Court: Contemporary Challenges and Reform Proposals is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court.
Topics include:
- Sexual and Gender-Based Violence: Obtaining Evidence
- Outreach: Challenges Communicating with Victims, Witnesses, and Others
- ICC State Party Withdrawals
- Measuring the ICC’s Performance
- The Crime of Aggression: Scope and Anticipated Difficulties
- The Rome Statute at Twenty: Reform Proposals
Topics include:
- Sexual and Gender-Based Violence: Obtaining Evidence
- Outreach: Challenges Communicating with Victims, Witnesses, and Others
- ICC State Party Withdrawals
- Measuring the ICC’s Performance
- The Crime of Aggression: Scope and Anticipated Difficulties
- The Rome Statute at Twenty: Reform Proposals
Editor:
Richard H. Steinberg
The International Criminal Court: Contemporary Challenges and Reform Proposals is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court.
Topics include:
- Sexual and Gender-Based Violence: Obtaining Evidence
- Outreach: Challenges Communicating with Victims, Witnesses, and Others
- ICC State Party Withdrawals
- Measuring the ICC’s Performance
- The Crime of Aggression: Scope and Anticipated Difficulties
- The Rome Statute at Twenty: Reform Proposals
Topics include:
- Sexual and Gender-Based Violence: Obtaining Evidence
- Outreach: Challenges Communicating with Victims, Witnesses, and Others
- ICC State Party Withdrawals
- Measuring the ICC’s Performance
- The Crime of Aggression: Scope and Anticipated Difficulties
- The Rome Statute at Twenty: Reform Proposals
In
Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function. Employing empirical, theoretical, and doctrinal methodologies, it interrogates the profile of the international criminal bench, judicial ethics, and the interpretative techniques that judges have utilized in their efforts to progressively develop international criminal law.
Drawing on the work of Hersch Lauterpacht, it proposes a conception of the international criminal judicial function that places judicial creativity at its very heart. In doing so it argues that international criminal judges have a central role to play in ensuring that modern international criminal law continues to adapt to a volatile global environment, where accountability for crimes that shock the conscience of humanity is as much needed as at any moment in recent history.
Drawing on the work of Hersch Lauterpacht, it proposes a conception of the international criminal judicial function that places judicial creativity at its very heart. In doing so it argues that international criminal judges have a central role to play in ensuring that modern international criminal law continues to adapt to a volatile global environment, where accountability for crimes that shock the conscience of humanity is as much needed as at any moment in recent history.
In
Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function. Employing empirical, theoretical, and doctrinal methodologies, it interrogates the profile of the international criminal bench, judicial ethics, and the interpretative techniques that judges have utilized in their efforts to progressively develop international criminal law.
Drawing on the work of Hersch Lauterpacht, it proposes a conception of the international criminal judicial function that places judicial creativity at its very heart. In doing so it argues that international criminal judges have a central role to play in ensuring that modern international criminal law continues to adapt to a volatile global environment, where accountability for crimes that shock the conscience of humanity is as much needed as at any moment in recent history.
Drawing on the work of Hersch Lauterpacht, it proposes a conception of the international criminal judicial function that places judicial creativity at its very heart. In doing so it argues that international criminal judges have a central role to play in ensuring that modern international criminal law continues to adapt to a volatile global environment, where accountability for crimes that shock the conscience of humanity is as much needed as at any moment in recent history.
State Responsibility for the Support of Armed Groups in the Commission of International Crimes examines the law on attribution of conduct of individuals to states. Under established principles of international law, State responsibility only arises where armed groups act under the direction or control of the State, or are completely dependent on the State. These tests are under inclusive as they do not consider the different ways states can exert control over armed groups in the commission of international crimes. Ramsundar presents an interesting examination into the possibility of liberalization of the rules of State responsibility. The examination considers subtle ways states can exert control over armed groups in the commission of international crimes. Her proposal presents a compelling argument for widening the scope of responsibility to states through useful modifications to interpretation of the tests of control and dependence.
State Responsibility for the Support of Armed Groups in the Commission of International Crimes examines the law on attribution of conduct of individuals to states. Under established principles of international law, State responsibility only arises where armed groups act under the direction or control of the State, or are completely dependent on the State. These tests are under inclusive as they do not consider the different ways states can exert control over armed groups in the commission of international crimes. Ramsundar presents an interesting examination into the possibility of liberalization of the rules of State responsibility. The examination considers subtle ways states can exert control over armed groups in the commission of international crimes. Her proposal presents a compelling argument for widening the scope of responsibility to states through useful modifications to interpretation of the tests of control and dependence.
An Identity Crime Model and Legislative Analysis with Recommendations for Preventing Identity Crime
Identity crime, which encompasses both identity theft and identity fraud, is one of the fastest growing crimes around the world, yet it lacks its own identity: there is no universally accepted definition, little understanding of what the crime is or should be, and no legal framework placing the crime into a coherent and effective grouping of criminal sanctions. In this book, Dr. Syed Ahmed addresses and proposes solutions for resolving these issues and tackles head-on the various facets of what is needed to deal with Identity Crime. A comprehensive and an exhaustive study of different types of Identity Crime is conducted and practical recommendations for preventing and minimizing the impact of identity crime is presented for all to consider.
An Identity Crime Model and Legislative Analysis with Recommendations for Preventing Identity Crime
Identity crime, which encompasses both identity theft and identity fraud, is one of the fastest growing crimes around the world, yet it lacks its own identity: there is no universally accepted definition, little understanding of what the crime is or should be, and no legal framework placing the crime into a coherent and effective grouping of criminal sanctions. In this book, Dr. Syed Ahmed addresses and proposes solutions for resolving these issues and tackles head-on the various facets of what is needed to deal with Identity Crime. A comprehensive and an exhaustive study of different types of Identity Crime is conducted and practical recommendations for preventing and minimizing the impact of identity crime is presented for all to consider.
Systems in Place and Systems in the Making. Second Revised Edition
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines.
Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals.
First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals.
First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Systems in Place and Systems in the Making. Second Revised Edition
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines.
Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals.
First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals.
First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Navigating between Principle and Pragmatism
In
The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores the turn to international law in atrocity-related United Nations commissions of inquiry and their navigation of considerations of principle (the legal) and pragmatism (the political), to discern their identity in the international legal order.
The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.
The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.
Navigating between Principle and Pragmatism
In
The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores the turn to international law in atrocity-related United Nations commissions of inquiry and their navigation of considerations of principle (the legal) and pragmatism (the political), to discern their identity in the international legal order.
The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.
The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.