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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.
This book comprehensively covers the entire scope of conflicting rights and duties of the fighting parties and international humanitarian relief actors in non-international armed conflicts, namely from the moment of the initiation of international humanitarian relief actions till their authorisation and throughout the consecutive stages of the delivery of relief. From the practice of frontline humanitarian negotiations, this book reconceptualizes how those rights and duties are coming into being and how compliance with agreements on humanitarian access and other international humanitarian law and international human rights norms can be ensured and/or their normativity can be strengthened.
Belligerents’ Detention Practices in Afghanistan, Syria and Ukraine
Author: Jelena Plamenac
This book explores how States and armed groups deprive us of liberty in armed conflict. Intriguing insights into original field records of internal laws and first-hand testimonies by fighters and humanitarians reveal hidden patterns of belligerents’ controversial behaviours in relation to three complex aspects of security detention in non-international armed conflict that remain unsettled in international law – permissible grounds, procedural guarantees, and transfer standards. As you flip through the pages of this fascinating book, you will gain a new understanding of where the boundary of unlawful confinement lies between local and international law and why we need a new international legal framework to protect us from arbitrariness in the warring parties’ decision to detain.
Genocide, Civil War, and the Transformation of International Law
In Rwanda Revisited: Genocide, Civil War, and the Transformation of International Law, the contributing authors seek to recount, explore, and explain the tragedy that was the Rwanda genocide and the nature of the international community’s entanglement with it. Written by people selected for their personalized knowledge of Rwanda, be it as peacekeepers, aid workers, or members of the ICTR, and/or scholarship that has been clearly influenced by the genocide, this book provides a level of insight, detail and first-hand knowledge about the genocide and its aftermath that is clearly unique. Included amongst the writers are a number of scholars whose research and writings on Rwanda, the United Nations, and genocide are internationally recognized.

Contributors are: Major (ret’d) Brent Beardsley, Professor Jean Bou, Professor Jane Boulden, Dr. Emily Crawford, Lieutenant-General the Honourable Romeo Dallaire, Professor Phillip Drew, Professor M.A. Drumbl , Professor Jeremy Farrall, Lieutenant-General J.J. Frewen, Dr. Stacey Henderson, Professor Adam Jones, Ambassador Colin Keating, Professor Rob McLaughlin, Linda Melvern, Dr. Melanie O’Brien, Professor Bruce ‘Ossie’ Oswald, Dr. Tamsin, Phillipa Paige, Professor David J. Simon, and Professor Andrew Wallis.

This book was previously published as Special Issue of the Journal of International Peacekeeping, Volume 22 (2018), Issue 1-4 (published April 2020); with updated introduction.
In this book academic and police officer Erik van de Sandt researches the security practices of cyber criminals. While their protective practices are not necessarily deemed criminal by law, the countermeasures of cyber criminals frequently deviate from prescribed bona fide cyber security standards. This book is the first to present a full picture on these deviant security practices, based on unique access to confidential police sources related to some of the world's most serious and organized cyber criminals. The findings of this socio-technical-legal research prove that deviant security is an academic field of study on its own, and will help a non-technical audience to understand cyber security and the challenges of investigating cyber crime.

Abstract

This article analyses the three theoretical presuppositions for an international dimension of criminal law to be successfully established. The first consists in the redefinition of the concept of sovereignty. Indeed, since sovereign power is usually understood as located within the boundaries of the individual states, it is necessary, for criminal law to turn international, that sovereignty is made compatible with cosmopolitan obligations. On the other hand, the reshaping of sovereignty can only be conceived on the basis of a universalistic understanding of the common good. Accordingly, the second step must lead to the transition from a particularistic to a universalistic idea of the well-ordered society. Thirdly, to avoid a hierarchical and centralized approach to international criminal justice, a notion of universalism should be preferred that, by making it sensitive to pluralism, also advocates an implementation of international criminal law which is prone to empowering national and local communities.

In: International Criminal Law Review
Author: Yudan Tan
In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law. The 1998 Rome Statute has generated a great deal of scholarly interest. Providing a novel way of analysing the treaty-custom interactions, Yudan Tan examines the customary status of essential parts of the Rome Statute. Based on a flexible two-element identification approach, focusing more on opinio juris, Yudan Tan convincingly argues that provisions of the Rome Statute were partly declaratory of custom when adopted in 1998, and that they are also partly declaratory of custom at the present time.

Abstract

Following the military defeat of isis in Iraq in December 2017, it has become clear that a logical next step would be to hold members of isis accountable for crimes committed during the capture of a number of principal Iraqi cities between 2014–2017. The unsc, accordingly, decided to investigate isis crimes internationally by establishing UNITAD to document isis violations whilst leaving any proposed prosecutions to be conducted internally by Iraqi courts. The practical implementation of this hybrid international mechanism for prosecuting isis members has generated some legal challenges caused particularly by the national laws of Iraq. Some of these legal issues arise in relation to unitad’s subjective jurisdiction to collect evidence concerning isis terrorist acts that might amount to evidence of war crimes, genocide and crimes against humanity. Others arise in relation to whether unitad’s criminal investigation procedures align or conform with Iraq’s criminal procedure laws. This paper examines these challenges and will propose some appropriate solutions.

In: International Criminal Law Review

Abstract

This paper discusses the issue of authenticity of digital evidence in the icc. While some types of digital evidence have been used at the icc, some challenges persist. icc Chambers have used old methods of verifying the authenticity of physical documents to analyze pieces of digital evidence. These practices do not fully grasp the issue of authenticity in relation to a piece of digital evidence, which may require specific practices and technologies. This paper discusses how icc judges can update its practices in order to address such issue. With an ever-growing use of digital evidence in its courtroom, it is essential for icc Judges to develop solid practices that allow them to fully examine the authenticity of a piece of digital evidence. This paper claims that such adaptations may require capacity-building for judges, as well as changes in the evidence management system and in the icc legal framework.

In: International Criminal Law Review

Abstract

As transitional justice seeks to reckon with a violent past in order to build a more peaceful future, its practitioners tend to operate on the assumption that the past, present and future are distinct periods. Globally, however, as different regions and states undergo different phases of transitional justice, it is difficult to identify linear processes of transition and of justice. When understood as a fluid process, transitional justice elicits questions about how governments, judiciaries, civil society, and victims engage with it as a vehicle for political change, repression, and justice. This engagement constitutes a complex set of interactions, ebbs, and flows that take place across space and time. With the benefit of hindsight and a mosaic of transitions, this special issue aims to recognise and interrogate the centrality and complexity of time in transition, justice, and transitional justice. The authors discuss five overarching dimensions of time: the timing of transitional justice interventions, the institutionalisation of time, the compartmentalisation of time, the politicisation of time, and ways to reconcile the temporal dichotomies of various transitional justice mechanisms

In: International Criminal Law Review