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The originality of this volume lies in the interdisciplinary synergies that emerge through the issues it explores and the approaches it adopts. It offers legal and ethical reflections on the criminal qualification of a series of conducts ranging from human experimentation and non-consensual medical interventions to organ transplant trafficking and marketing of human body parts. It also considers procedural matters, notably related to psychiatric and medical evidence. In so doing, it combines legal and other types of conceptualizations to examine such contemporary issues as rights of the LGBTIQ population, access to medical care, corporate criminal liability, rights of children and Islamic jurisprudence.
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.
Editor: James C. Simeon
Terrorism and Asylum, edited by James C. Simeon, explores terrorism and asylum in all its interrelated and variable aspects, and permutations. The critical role terrorism plays as a driver in forced displacement, within the context of protracted armed conflict and extreme political violence, is analyzed. Exclusion from refugee protection for the alleged commission of terrorist activities is thoroughly interrogated. Populist politicians’ blatant use of the “fear of terrorism” to further their public policy security agenda and to limit access to refugee protection is scrutinized. The principal issues and concerns regarding terrorism and asylum and how these might be addressed, in the public interest while, at the same time, protecting and advancing the human rights and dignity of everyone are offered.
The International Criminal Court: Contemporary Challenges and Reform Proposals is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court.

Topics include:
- Sexual and Gender-Based Violence: Obtaining Evidence
- Outreach: Challenges Communicating with Victims, Witnesses, and Others
- ICC State Party Withdrawals
- Measuring the ICC’s Performance
- The Crime of Aggression: Scope and Anticipated Difficulties
- The Rome Statute at Twenty: Reform Proposals
In: International Criminal Law Review

Never has the doctrine of command responsibility been shaken as when the Appeal Chamber of the International Criminal Court issued the Bemba Appeal Judgment. The latter solely addresses whether the defendant – Jean-Pierre Bemba, former Commander-in-chief of the Mouvement de libération du Congo – took reasonable and necessary measures to prevent or punish his subordinates’ crimes perpetrated in the Central African Republic. Yet, the various dissenting, separate and concurring opinions advocate opposing positions on the scope, elements and nature of this notorious doctrine. This paper relocates the ‘sharp disagreements’ that surfaced during the Bemba Appeal Judgment within the broader phenomena of the individualisation of war. Through an in-depth examination of the interpretation offered by the appellate judges, it designs a model of command responsibility that properly individualises Article 28 Rome Statute, and, by the same token, respect the fundamental rights of military commanders.

In: International Criminal Law Review
Author: Rogier Bartels

This article analyses how international criminal courts and tribunals have pronounced on the contextual elements of their respective war crimes provisions. A comprehensive overview of the way these institutions treated the material scope of application of ihl shows that the ad hoc tribunals tended to avoid classification as either international or non-international armed conflict​, and merely found that a generic ‘armed conflict’ existed at the relevant​ time. The icc shows a tendency to classify situations as non-international armed conflicts without considering whether the situation concerned may instead (or at the same time) qualify as an international armed conflict. Non-international​ armed conflict is often, mistakenly, treated as a residual regime. Incorrect conflict classification may​ affect ihl’s scope of application, and negatively impact on an accused’s fair trial​ rights under international criminal law. The author proposes a fresh look at the​ icc’s legal framework to solve conflict classification​ problems.

In: International Criminal Law Review
Author: Joseph Powderly
In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function. Employing empirical, theoretical, and doctrinal methodologies, it interrogates the profile of the international criminal bench, judicial ethics, and the interpretative techniques that judges have utilized in their efforts to progressively develop international criminal law.
Drawing on the work of Hersch Lauterpacht, it proposes a conception of the international criminal judicial function that places judicial creativity at its very heart. In doing so it argues that international criminal judges have a central role to play in ensuring that modern international criminal law continues to adapt to a volatile global environment, where accountability for crimes that shock the conscience of humanity is as much needed as at any moment in recent history.
Author: Alison Bisset

Despite their fundamental importance in the effective prosecution of international crimes, inter-state judicial cooperation regimes have long been overlooked. However, two new initiatives have recently emerged. The first is the International Law Commission’s Draft Articles on Crimes against Humanity (Draft Articles), which aims to create a global convention on prevention, punishment and inter-State cooperation with respect to crimes against humanity. The second initiative, the Mutual Legal Assistance Treaty for core crimes (mla Treaty), is wider in scope. It encompasses genocide, war crimes and crimes against humanity and seeks the conclusion of a multilateral cooperation treaty to enable the effective provision of mutual legal assistance and extradition of suspects in relation to these crimes. The aim of this article is to critically assess the merits and shortcomings of these two initiatives in the effort to enhance inter-state cooperation in the prosecution of international crimes and their abilities to remedy current problems.

In: International Criminal Law Review