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This volume describes the procedures governing the transfer of sentenced foreign nationals from the United States to serve the remainder of their sentences in their native countries, and of United States nationals sentenced in foreign countries to serve the remainder of their sentences in the United States. It discusses the statutory and treaty framework regulating the transfer of sentenced persons to and from the United States, as well as the case law interpreting those statutes and treaties. Appendices contain United States statutes and regulations, U.S. Department of Justice Manual materials, and all treaties governing the transfer of prisoners to and from the United States.
Editor-in-Chief:
As a discipline, International Criminal Law seems to be fully emancipated from public international law, international humanitarian law and international human rights law. Yet it does not operate in a vacuum. At the international level, the practice at the different international criminal tribunals and courts constitutes clear evidence of the synergies between these legal spheres. At the national level, International Criminal Law is increasingly becoming an integral part of the legal culture, thus interacting with substantive and procedural domestic norms. In addition, whether at the international or the national level, the practice also highlights the societal import and impact of international criminal law and justice. Anthropological, criminological, sociological, ethical and historical research on international criminal law and justice is thus key to fully grasp the discipline, in both its theoretical and practical dimensions. These blurred frontiers make it necessary to provide for a cross-disciplinary and interdisciplinary academic forum to enable discussions on the interactions between international criminal law and justice and distinct legal domains, other disciplines, transitional justice mechanisms, and domestic systems. Studies in International Criminal Law follows the path drawn by the International Criminal Law Review and aims at publishing in-depth analytical research that deals with these issues in a format that will allow for both single-authored monographs and edited volumes.
In this original and thought-provoking collection, the Editors provide a multilayered study of the "crime of crimes". Adopted in 1948, and based on Raphael Lemkin's idea, the definition of genocide belongs to the cornerstones of international criminal law and justice.
This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.
An Ethnomethodological Investigation into the Production and Assessment of Legal Targeting
The book provides an empirical account of the laws that regulate today’s scenes of armed conflict by looking into the details of one particular military incident and its ex-post legal accounting. Empirically, the book focuses on a highly controversial airstrike in Afghanistan (2009), in which large numbers of civilians were identified as combatants and killed as such. The incident lends itself to reflect upon the relation between the violation of procedural rules and the violation of the international laws of armed conflict. The ethnomethodological Law-in-Action research investigates the practical details of legal accountability and explores how the event shaped and specified the legally required protection of civilians in armed conflict. Exploring the collaborative and systematic work that goes into the ‘application of law’ at the military and the judiciary site, the study develops an empirical respecification of the concept of ‘juridification of warfare’.
Legality and Fair Labelling in International Criminal Law
Author:
This book explores how the principles of legality and fair labelling have developed in international criminal law, from Nuremberg to the International Criminal Court and beyond. It features a comprehensive survey of domestic and international case law, treaties, and other materials, carefully unpacking the different rationales and elements of each principle and the various rules to which they apply. The book invites you to revisit landmark cases, such as those involving atrocities in the Former Yugoslavia, Rwanda, Sierra Leone, Darfur, and Palestine, through a distinctive lens: the finding that all rules substantively affecting the human rights of the accused – from crimes and penalties to labels – must be sufficiently accessible and foreseeable to the ordinary person.
Author:
Examining the legality of foreign military intervention in internal conflicts with the consent of the government, this book gives and analyses a to-the-point account of post-Cold War State practice with more than 45 incidents of such interventions on a scale neglected in current scholarship. Owing to this account, it also manages to engage in peripheral aspects of the subject overlooked in the literature, such as the impact of an ineffective arms embargo on a consensual intervention, or the consequences of the invocation by an intervening State of both consent and its right to self-defence. The book also examines, among others, the issue of the legal legitimacy and recognition of governments, the rules that can considerably constrain the scope of consensual interventions under certain circumstances, and the challenging and under-addressed implications of consensual interventions for the crime of aggression.
This book examines the importance of international criminal law in promoting and defending human rights as well as its relationship with law and international politics. It highlights criminal cases at the International Criminal Tribunals for the former Yugoslavia and the International Criminal Tribunals for Rwanda, the International Criminal Court, and the International Crimes Tribunal of Bangladesh. The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law.

This book will serve as an important reference for students, teachers, scholars and lawyers specialising in international human rights, international criminal law and international humanitarian law.
The Legal Regulation of Environmental Crime - The International and European Dimension provides a comprehensive analysis of the international and EU legal regimes for tackling environmental crime. The book includes an in-depth analysis of the major international conventions as they relate to the regulation of environmental crime (CITES, Basel, MARPOL) and provides a holistic overview of the evolution and content of EU law in the field of environmental crime, covering substantive criminal law harmonisation, judicial cooperation and the role of EU criminal justice bodies and agencies (Europol, Eurojust and the EPPO) in fighting environmental crime. Further, the book addresses key recent policy and legislative developments in the field and offers a timely contribution to legal reform in view of the publication of new proposals on legislation on environmental crime at EU level.
War crimes, crimes against humanity, genocide and the crime of aggression (so-called ‘core crimes’) often could not be committed without financial assistance. This book examines the basis for individual criminal liability under international law for persons who finance core crimes. Despite the need for clear rules, neither international courts nor scholars agree upon whether or not, or under what circumstances, such liability exists.
To determine the minimum standard of liability, this work analyses the legal rules relating to complicity, both under international criminal law and domestically in twenty selected jurisdictions in Africa, Asia, Europe, Latin America, North America and Oceania. The aim of these analyses is to determine whether there are general principles of law recognised by the community of States regarding the minimum standard of liability for aiders and abettors.
This book proposes a comparative framework for assessing legal rules relating to complicity, and it advances a normative claim as to how legal rules should be structured concerning the criminal responsibility of individuals who finance the commission of core crimes.
The analysis of the applicable international law and the comparative analysis of national jurisdictions lead to the conclusion that, currently, the minimum standard of knowledge for aiding and abetting is active knowledge. However, the author argues that this standard should be revised to include wilful blindness. Regarding the intent requirement, the analyses find that dolus eventualis is included in the definition of intent.