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Mark Chadwick

In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.

Merging domestic and international law international and domestic, history, literature and sociology, the author weaves an intricate tale that reveals the pirate to be the original “enemy of mankind” and forerunner of today’s international criminals: those who commit genocide, crimes against humanity and war crimes. In so doing, Mark Chadwick proposes a convincing reappraisal of the pirate’s role in the crystallisation of international criminal law, bringing much-needed clarity to a disputed area of international legal history.
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Alexandre Skander Galand

This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.
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Edited by Pavel Šturma

The Rome Statute of the ICC at its Twentieth Anniversary (Achievements and Perspectives) is an edited book comprising of 13 chapters written by contributors to a conference dedicated to discuss the development, achievements and possible future evolution of the Rome Statute and international criminal law. The authors include academics from various legal systems, practitioners from the ICC and the Special Tribunal for Lebanon, attorneys and other practitioners and theoretics.

The International Criminal Court is the first universal international criminal tribunal. Though quite new, as the Rome Statute was adopted 20 years ago (1998) and only 16 years have passed since its entry into force, it has already developed interesting case-law and continues to elaborate on both substantive and procedural international criminal law.

Contributors are Ivana Hrdličková, Claus Kreß, Tamás Lattmann, Jan Lhotský, Milan Lipovský, Iryna Marchuk, Josef Mrázek, Anna Richterová, Simon De Smet, Ondřej Svaček, Pavel Šturma, Kateřina Uhlířová, Kristýna Urbanová, Aloka Wanigasuriya.
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Aistė Mickonytė

In this book Mickonytė examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention. Arguing that EU anti-cartel procedure involves a criminal, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.
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Caleb H. Wheeler

In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused’s presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.
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Scott Graham

A tension exists between treaty protections afforded to civilians in non-international armed conflicts from becoming objects of attacks and the International Criminal Court’s jurisdiction to punish commanders who recklessly cause such casualties. Yet, media and human rights organizations’ criticism that the non-combatant casualty cut-off value (NCV) constitutes a war crime cannot survive rational examination of the mens rea requirement in the Rome Statute. Coalition commanders and targeteers must ensure the NCV is neither presumptively nor conclusively applied in target engagement, whilst taking constant care to focus proportionality assessments to spare civilians.

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Guénaël Mettraux, John Dugard and Max du Plessis

The relationship between international crimes and sovereign immunities has bedevilled judicial practice and legal scholarship and created an apparently irreconcilable tension between the two notions. Part of the difficulty in addressing this tension derives from the approach to resolving it. This paper proposes a novel approach, viewing the relationship specifically from the perspective of international criminal law and looking at the three core functions of immunities in that context. The authors conclude that customary international law excludes immunities as defence or bar to jurisdiction for core international crimes regardless of the nature of the jurisdiction concerned, the position of the accused, or the capacity in which the accused acted. When interpreted within that framework, the ICC Statute provides for clear limitations to the role of immunities in ICC proceedings and avoids the pitfalls that have thus far marred the ICC’s approach to the law of immunities.

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James Meernik and Josue Barron

The Bosnian War Crimes Chamber was established to adjudicate cases of violations of international law by lower-ranking individuals in Bosnia-Herzegovina, who were not prosecuted by the International Criminal Tribunal for the Former Yugoslavia (ICTY). One of the most critical issues facing this Court, however, is whether its justice is unbiased by the ethnic divisions that characterized the Bosnian War (1992–1995) and the politics of Bosnia-Herzegovina ever since. Using a new database of first instance verdicts from the War Crimes Chamber (WCC), we test for the impact of ethnic bias on verdicts and sentences. While initial analyses seem to suggest such bias may exist, our multivariate model of sentencing indicates that other factors such as the gravity of the crimes and individual circumstances play a more powerful role than ethnicity.