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An International Law and International Relations Perspective
In this book contributors engage into the theoretical dialogue about the interplay between terrorism and organised crime. Arguing in favor of its existence, the authors of the book seek to define the phenomenon of ‘organised criminal terrorism’ and examine the appropriateness of the international and regional legal frameworks on terrorism and organized crime to address this unitary criminal phenomenon. The volume reveals similarities and differences between terrorism and organized crime that support views in favor of new international legal instruments and those that defend the current approach to combat organized criminal terrorism. Contributors hope that the book will form the basis for a more informed discussion on the issue.
Volume Editors: and
This book unlocks the look, sound, smell, taste, and feel of justice for massive human rights abuses. Twenty-nine expert authors examine the dynamics of the five human senses in how atrocity is perceived, remembered, and condemned. This book is chockful of images. It serves up remarkably diverse content. It treks around the globe: from Pacific war crimes trials in the aftermath of the Second World War to Holocaust proceedings in contemporary Germany, France, and Israel; from absurd show trials in Communist Czechoslovakia to international courtrooms in Arusha, Phnom Penh, and The Hague. Readers embark on a journey that transcends myriad dimensions, including photographic representations of grandfatherly old torturers in Argentina, narco-trafficking in Mexico, colonialisation in India, disinformation and misinformation pixelated in cyberspace, environmental degradation in Cambodia, militarism in Northern Ireland, and civil rights activism in Atlanta. Sights, Sounds, and Sensibilities of Atrocity Prosecutions reimagines what an atrocity means, reconsiders what drives the manufacture of law, and reboots the role of courtrooms and other mechanisms in the pursuit of justice. It unveils how law translates sensory experience into its procedures and institutions, and how humanistic inputs shape perceptions of right and wrong. This book thereby offers a refreshing primer on the underappreciated role of aesthetics, time, and emotion in the world of law.

Drumbl and Fournet have done us all a great service in knitting together – in a single, powerfully imagined, volume – these essays about how we might experience the institutionalisation of judgment in atrocity trials.
– Gerry Simpson, Professor of Public International Law, LSE Law School (London).

Contributions to this volume offer a unique opportunity to delve into law’s hidden landscape using the primary reality of the five senses.
– Marina Aksenova, Assistant Professor in Comparative and International Criminal Law, IE Law School (Madrid).
How to legally assess the situation when humanitarian actors in non-international armed conflicts are arbitrarily denied access to the affected civilian population? The book answers this question from the perspective of the five main actors involved in humanitarian relief in non-international armed conflicts: the affected State, non-State armed groups, humanitarian actors, non-belligerent States and the affected civilian population. It examines the legal regulations and consequences for each of these actors. In doing so, the book not only draws attention to existing legal gaps and challenges, but also encourages readers to rethink outdated legal concepts and discuss new approaches.

The open access publication of this book has been published with the support of the Swiss National Science Foundation.
A Normative Account of the Acts that Constitute International Crimes
Author:
This book explores the normative dimensions of the acts that constitute international crimes. The book conceptualises the normative dimensions of these acts as processes of construction and meaning making. Developing a novel methodological approach, it identifies the narratives and discourses that emerge in practice as central for understanding the normative meanings of these acts. Using the crimes of attacks on cultural property, pillage, sexual violence and reproductive violence as case studies, the book offers a historical, conceptual, and discursive analysis of these crimes to develop a dynamic, pluralist and socially constructed account of wrong in international criminal law.

Abstract

Numerous studies into nonviolent resistance have led to a broad but scattered understanding of why some of these movements erupt and succeed, while others do not. This article offers a multilevel framework of analysis to explain trajectories of nonviolent resistance in repressive regimes and illustrates this framework by analysing the potential of Russian domestic nonviolent resistance to the full-scale invasion of Ukraine. The proposed framework incorporates seven overarching factors identified in previous studies, namely the political and economic system, the international relations, the level of modernization, the distribution of power within society, and the grievances, resources and organizational capacity of the resistance group. Based on this framework, it is tentatively concluded that Russia’s political and economic system, the limited power dispersion and the lack of organization among the opposition help to explain why no successful resistance has emerged. Additional case studies are required to further assess the framework’s utility.

Open Access
In: International Criminal Law Review

Abstract

This article displays the various ways that African philosophies have made a contribution to international criminal law. It shows that African philosophies have, to a certain extent, influenced the manner in which post-conflict African states as well as the African Union (au) address accountability for grave breaches of international law. This influence is evidenced in the setting up of traditional African approaches to accountability for international crimes in post-conflict African states as well as in some of the au initiatives which address accountability for grave breaches. The article begins by contextualizing the topic within traditional African cultures through a historical analysis of the practices, concepts and institutions that governed criminal accountability as well as an analysis of the African philosophies upon which these practices, concepts and institutions were anchored. It continues with the concern of ‘how’ and ‘to what extent’ African philosophies have influenced international criminal law. Moreover, it considers some of the controversial areas of international criminal law in which African philosophies are overlooked, despite their potential to make a valuable contribution. This section is supported by the belief that a combined approach to international criminal law, of both traditional African and Western concepts, offers a better solution to the current impasse experienced in certain areas.

In: International Criminal Law Review
Free access
In: European Journal of Crime, Criminal Law and Criminal Justice

Abstract

Since 1 January 2021, the Trade and Cooperation Agreement between the United Kingdom and the European Union has regulated extradition to and from the United Kingdom and Member States of the European Union. A recent judgment of a German court denying extradition of a suspect to the United Kingdom illustrates the subtle differences between the terms and operation of the Trade and Cooperation Agreement Warrant and those of the European Arrest Warrant that had applied previously.

This paper notes the absence of mutual trust as an underlying principle in the Trade and Cooperation Agreement, and the failure of the British authorities to grasp and respond to the changed criteria. At the same time, it highlights the implications of a judgment that finds that the treatment of prisoners in British prisons might be so inhuman and degrading that persons should not be extradited to face imprisonment in the United Kingdom.

Open Access
In: European Journal of Crime, Criminal Law and Criminal Justice