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M. Cherif Bassiouni

Written by one of the world's pioneers and leading authorities on international criminal law, this text book covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae--sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; the function of the international criminal court; rules of procedure and evidence applicable to international criminal proceedings; and the future of international criminal law.

The first textbook to address this important topic, it is comprehensive, easy to read, and ideally suited for classroom use.

Published under the Transnational Publishers imprint.

M. Cherif Bassiouni

This unique and valuable sourcebook in international criminal law includes digests of 320 Conventions with all necessary treaty information; as well as relevant excerpts of the penal provisions in each and every treaty arranged under 25 subject categories with introductory notes. Two indexesâ??one arranged chronologically, the other by regionâ??are also included.

Published under the Transnational Publishers imprint.

The Theory and Practice of International Criminal Law

Essays in Honor of M. Cherif Bassiouni

Michael Scharf

Edited by Leila Sadat

Cherif Bassiouni is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark.
His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international
criminal law as a distinct discipline within the field of international law.
This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of
modern international criminal law, with a focus on Cherif Bassiouni's unique legacy within this important area.
Among the contributing authors are Louise Arbour, UN High Commissioner for Human Rights; Mahnoush Arsanjani, Chief of the UN Office of Legal Affairs Codification Division; Diane Orentlicher, UN Independent Expert on Combating Impunity; Michael Reisman, former President of the Inter-American Commission for Human Rights; Yves Sandoz, Director for International Law of the International Committee of the Red Cross; William Schabas, Member of the Sierra Leone Truth Commission; Brigitte Stern, Advocate for the Bosnians in the World Court's Genocide case; and Prince Hassan bin Talal, first President of the Assembly of States
Parties of the International Criminal Court.

Series:

Geert-Jan Knoops

In an area of law so thoroughly politicized, culturally freighted and passionately punitive, there is need for an extraordinary measure of protection for the accused if we are to pay more than lip service to justice.
Defenses in Contemporary International Criminal Law ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court.

Dr. Knoops' conceptual reach not only includes the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, immunity of States) but also presents a strong case for the incorporation of genetic and neurobiological data into the working assets of the international criminal defense attorney.

Published under the Transnational Publishers imprint.
The practice at the different international criminal tribunals has shown that there is no real international criminal (customary) law, but only extrapolations from international public law, general principles of law and humanitarian law. The divide between the so-called common law and civil law systems and their differences in approach to solving legal problems make it necessary to establish an international forum for discussion and development of a common ground on which the work of the international courts can build. This is especially true with regard to the so-called “General Part” of the substantive criminal law, like forms of participation, actus reus and mens rea categories, defences and excuses, offence types, sentencing, enforcement etc. But also the procedural law still lacks sharp features in many aspects; the ICC’s Rules of Procedure and Evidence are still in need of interpretation. In addition, it will be helpful to the Courts to understand the societal background and effects of the law. Thus there is also a need for criminological, sociological and historical research on the issues of ICL. The International Criminal Law Review publishes in-depth analytical research that deals with these issues. The analysis may cover: • the substantive and procedural law on the international level; • important cases from national jurisdictions which have a bearing on general issues; • criminological and sociological; and, • historical research. Online submission: Articles for publication in the International Criminal Law Review can be submitted online through Editorial Manager, please click here. Need support prior to submitting your manuscript? Make the process of preparing and submitting a manuscript easier with Brill's suite of author services, an online platform that connects academics seeking support for their work with specialized experts who can help.

Mohamed El Zeidy

The principle of complementarity is the corner stone for the operation of the International Criminal Court (ICC). It organizes the functional relationship between domestic courts and the ICC. This is the first careful study of the historical antecedents of the principle of complementarity, which has become so central to the operation of contemporary international criminal law. The study draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals. It examines in an exhaustive manner the work of the International Law Commission that led to the drafting of the Rome Statute of the International Criminal Court, up to the deposit of the draft statute with the UN General Assembly in 1994. It considers the travaux préparatoires of the Rome Statute itself, in a most thorough manner. It also examines the post-Rome developments, particularly the original interpretations of the relevant provisions of the Statute by both the Office of the Prosecutor and the Pre-Trial Chambers. This is a study that is of intrinsic historical interest, but also one that may help to guide interpreters of the Statute in the years to come.

“The concept of complementarity lies at the heart not only of the Rome Statute of the International Criminal Court, it is in many respects the underlying paradigm of international criminal justice as a whole. In this important study, Mohamed El Zeidy has drawn on historical sources, tracing the evolution of the concept and then showing how it has become operationalised in the first cases before the International Criminal Court. This book belongs in the library of every international criminal lawyer”.

Prof. William A. Schabas, OC MRIA
National University of Ireland, Galway.

Series:

Jackson Maogoto

This innovative text is shows how there has been a concerted effort, since the end of World War I, to curb a state's power and freedom of action through the concept of international accountability to a set of recognized rules and norms. A state not only is to adhere to these rules but also can be sanctioned by an international penal process through enforcement of international criminal law. Adoption of the Rome Statute and the creation of the International Criminal Court are the culmination of many years of effort to challenge the power of state action.



Scholars and students of international law with an interest in international criminal law will find this volume an interesting narrative of how the developments of international penal mechanisms of the 20th century have contributed to a diminution of state sovereignty.

Published under the Transnational Publishers imprint.

Prosecuting the Destruction of Cultural Property in International Criminal Law

With a Case Study on the Khmer Rouge’s Destruction of Cambodia’s Heritage

Series:

Caroline Ehlert

In Prosecuting the Destruction of Cultural Property in International Criminal Law Caroline Ehlert offers an analysis of treaty law protecting cultural property from destruction and foremost of the relevant provisions for prosecuting the destruction of cultural property in international criminal law.
The wanton destruction of valuable cultural property during armed conflict as well as during peacetime is omnipresent. Therefore it is of the utmost importance to provide for provisions criminalising the destruction of cultural property and offering a basis for the prosecution of possible perpetrators.

Series:

M. Cherif Bassiouni

Written by one of the world's pioneers and leading authorities on international criminal law, this text book covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae--sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; the function of the international criminal court; rules of procedure and evidence applicable to international criminal proceedings; and the future of international criminal law.

This textbook is fully updated, comprehensive, easy to read, and ideally suited for classroom use.
Also available as paperback: isbn 9789004186446

International Criminal Law

A Collection of International and European Instruments; Third Revised Edition

Christine van den Wyngaert and Guy Stessens

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