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International Criminal Law

A Collection of International and Regional Instruments. Fourth Revised Edition

Edited by Christine van den Wyngaert and Steven Dewulf

International Criminal Law has become a mainstream subject. While it was hardly taught at law faculties at the time of the first edition of this book (1996), it is now highly featured in academic curricula. Practitioners, academics and political decision makers are increasingly confronted with this discipline.
Within the framework of the United Nations and the European Union, but also in other regional bodies, there has been a dramatic increase in the conventions on various aspects of international criminal law. In fact much of the day-to-day work of lawyers around the globe is about the subject. International criminal law is gradually supple-menting human rights as the standard to assess governments and individuals. In the process, it has become part of the vocabulary of the general public. Many recent crisis situations have contributed to this phenomenon, from 11/9 and the wars in Afghanistan and Iraq to the Arab spring and SC Resolution 1973 (2011) giving effect to R2P in Libya.
International criminal courts, which until some time ago, were still somewhat exotic, are now part of the mainstream international judicial establishment. The UN ad hoc tribunals together with the mixed tribunals and special courts have substantially con-tributed to the development of international criminal jurisprudence. Meanwhile the International Criminal Court is in full operation, delivering its first landmark decisions and dealing with an increasing number of situations and cases.
In the European Union, the Lisbon Treaty is representing an important step towards the growing integration in the field of criminal law and procedure. A comparable trend is incipient in many other regions and organisations.
This collection is meant to guide students and practitioners through the labyrinth of international criminal law instruments. It comprises international (universal) and Euro-pean conventions, while also including other regional instruments (AU/OAU, ASEAN, the Commonwealth, OAS and SAARC).

International Human Rights Monitoring Mechanisms

Essays in Honour of Jakob Th. Möller


Edited by Alfred Zayas, Bertie G. Ramcharan, Gudmundur Alfredsson and Jonas Grimheden

This collection is intended to serve as a thematic textbook on the institutions and procedures devoted to the national implementation of human rights and to the international monitoring of State performance. Albeit not exhaustive, the coverage extends to most of the monitoring instances available at intergovernmental and non-governmental organizations: complaints, fact-finding and investigative procedures, State reporting obligations, good offices actions, dialogue functions, human rights education, dissemination of human rights information, letter campaigns, and technical co-operation.
The target audience of the book is students of international human rights law, but the book can also serve as a guide for both officials and activists involved in the realization of human rights.

Traditional Neutrality Revisited

Law, Theory and Case Studies


Elizabeth Chadwick

This volume explores the extent to which frameworks of tradional neutrality might remain useful in modern contexts of peace and war, notwithstanding the technical prohibition of war in the Charter of the United Nations. Traditional neutrality constituted a system through which non-belligerent states could remain at peace with warring states, and thereby avoid attack and continue peacetime trading relations. The essays here collected deal with the rules of neutrality as they had developed and operated generally by the outbreak of World War 1, those variations in and alternatives to traditional neutrality which arose in the aftermath of World War 1, and particular aspects of the legacy of neutrality which continue to survive in the post-1945 era. It is argued that the operable rules of traditional neutrality foundered in the face of industrialized warfare, but that the retreat from the 'logic' of neutrality in the modern era has been premature.

Chang Li Lin and Nassrine Azimi

In March 2000, the United Nations Secretary-General convened an international panel to conduct a major study on United Nations Peace Operations. Chaired by former Algerian Foreign Minister and current Under-Secretary-General, Lakhdar Brahimi, the Panel was tasked to conduct a wide-ranging study and analysis over lessons learned from past operations such as those in Rwanda and Somalia, as well as current missions in Kosovo, East Timor, and the Democratic Republic of the Congo.
The Panel looked at how peacekeeping missions could achieve greater efficiency and success in attaining the key objectives of maintaining peace and promoting reconciliation and reconstruction. It also reviewed the context within which peacekeeping missions took place, the resources and limitations of the United Nations Department of Peacekeeping Operations (DPKO) specifically, and the modality, efficacy, and extent of assistance rendered by the `international community' within the framework of peacekeeping and peace-building in general.
The fifth in a series of conferences organised on lessons learnt from peacekeeping operations was held under the auspices of the United Nations Institute for Training and Research (UNITAR), the Institute of Policy Studies (IPS) of Singapore and the Japan Institute of International Affairs (JIIA). Throughout two intense days in Singapore, in April 2001, an eminent group of academics, government officials, representatives of international organisations, representatives from ongoing UN Missions, and military scholars gathered behind closed doors to reflect upon the recommendations of the Brahimi Report and the obstacles to reform of peacekeeping.
This volume contains all the papers presented at that event. It also includes the Co-Chairs' Summary and Recommendations. The Report is a summary of the many animated debates that took place during the conference. Recommendations of the Co-Chairs have been drawn from the broad range of opinions and insights from the conference. The findings and reactions of the participants to the Brahimi Report should give policy-makers, researchers, and international affairs analysts a candid review and critique of past experiences that is essential to the comprehension of the failures of current peacekeeping and requirements for future success.

Practice and Procedure of the International Criminal Tribunal for the Former Yugoslavia

With Selected Materials from the International Criminal Tribunal for Rwanda

Eugene O'Sullivan and John E. Ackerman

This volume is designed to provide a quick yet comprehensive reference to the jurisprudence of both the ICTY and to some extent, the ICTR. It goes significantly beyond the Judgements of the Tribunal into the Orders and Decisions of the Trial and Appeals Chambers.
The book is organized by sections, according to each Article of the Statute and Rule of procedure and evidence. Following the text of the Article or Rule, there is a Commentary section, where appropriate and a digest of Judgements, Decisions and Orders of the Appeals Chamber and the Trial Chambers.
Materials will be found in the book from the beginning of the operation of the ICTY through the Furundžija Appeals Judgement and the amendments to the Rules in July 2000.

International Criminal Law

A Collection of International and European Instruments; Second Revised Edition

Edited by Christine van den Wyngaert, Guy Stessens and Ignace van Daele

A new edition of this paperback is available: see isbn 9789004216747

A Thematic Guide to Documents on Health and Human Rights

Global and Regional Standards Adopted by Intergovernmental Organizations, International Non-Governmental Organizations and Professional Associations


Edited by Gudmundur Alfredsson and Katarina Tomaševski

This publication is the second volume of Thematic Human Rights Guides published under the auspices of the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. The aim of the Guides, as the title implies, is to facilitate the use of international human rights standards by their systematic presentation. Rather than reproducing full texts of various instruments, substantive standards are grouped according to subject-matter in order to enable users to quickly and easily locate the topic they may be looking for. A detailed index, with references to the many international instruments which address the same issue, reinforces this thematic approach.
The choice of human rights and health for the second volume in this series highlights the aim of the Guides: to map out the entire range of human rights and fundamental freedoms as they relate to a specific topic. The sheer size of this volume illustrates the number and variety of human rights standards relevant for health.
Many of these standards have been generated by organizations dealing with health rather than human rights, and quite a few are found under medical ethics rather than human rights. Subsuming medical ethics under international human rights law is a novel development, pioneered by the Council of Europe. Elsewhere, the two fields remain separate and the publication of this Guide is intended to overcome this separation. Documents have been included which provide an understanding of human rights within the health profession (such as guidance to medical doctors with regard to abortion adopted by the International Medical Association) and those human rights safeguards that have been elaborated to prevent abuses by health professionals (such as those concerning mental health). All of these standards provide a substantive background for inter-professional dialogue on the evolving understanding of human rights.
A Thematic Guide to Documents on Health and Human Rights reflects the full range of issues encompassed by human rights and health. Besides the right to health, a wide range of rights and freedoms can be - and is - affected by the health sector. Priority has been accorded to the crucial human rights safeguards, namely those specifying protection against undue limitations or restrictions upon human rights. Much as with any other human rights topic, those safeguards are best developed for categories that are most vulnerable to denials and violations of their rights. Detainees, prisoners, victims of armed conflicts, children and the mentally ill thus figure prominently.

International Documents on Children

Second Revised Edition

Edited by Geraldine van Bueren

The purpose of this collection is to provide, in an easily accessible form, documents on children which have either a regional or a global significance. Both private international law and public international law treaties are included together with recommendations and resolutions adopted by global, regional and intergovernmental organisations. For ease of reference the documents are organised according to subject headings and within each subject grouping or sub-subject grouping the documents are arranged according to both the chronological order and the adopting organisation. In addition, selected child provisions from global and regional human rights instruments are included. This second edition includes a number of important documents which have been concluded since the publication of the first edition. This unique collection constitutes an important tool for all those working in the field of children's rights, and is a valuable companion to Geraldine van Bueren's The International Law on the Rights of the Child (Martinus Nijhoff Publishers, 1993, ISBN 0-7923-2687-3).

Dick de Mildt

In the Name of the People explores the profile of the perpetrators of Nazi genocide as reflected in postwar German trial sentences. It investigates their social background, their `route to crime', and their role in the Nazi extermination apparatus. In addition, it studies the postwar prosecution of these genocidal criminals in West Germany. It describes and analyses the obstacles, `bottlenecks', and omissions in the prosecuting policies and presents their statistical record. It examines the way in which postwar German courts dealt with these criminals by an in-depth study of the trial sentences against two specific groups of genocidal perpetrators: the `Euthanasia' and ` Aktion Reinhard' killers. Through a scrutiny of the argumentation of the various courts' sentences in these cases, it presents a detailed picture of the grounds for acquittal, conviction and punishment. It discusses the controversial differentiation of `murder' and `complicity in murder' with regard to these genocidal perpetrators and highlights the ways in which the courts handled complicated questions, such as acting under superior orders, duress, and coercion. The study is intended for a readership consisting of historians, sociologists, criminologists, legal experts and others interested in the `fieldworkers' and modus operandi of the Nazi genocide and Germany's postwar judicial reaction to it.