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The Right to Appeal in International Criminal Law

Human Rights Benchmarks, Practice and Appraisal

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Drazan Djukić

In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas.
Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law.
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National Trials of International Crimes in Bangladesh

Transitional Justice as Reflected in Judgments

M. Rafiqul Islam

In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.
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The Future of EU Criminal Justice Policy and Practice

Legal and Criminological Perspectives

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Edited by Jannemieke Ouwerkerk, Jacob Öberg, Judit Altena, Samuli Miettinen and Annika Suominen

EU criminal justice is a fast developing and challenging area of EU law and policy that requires scholars from different disciplines to join forces. This book is a first attempt to establish such synergies. Coming from different angles, the authors deal with questions in the area of EU substantive criminal law, such as when criminalisation of conduct is an appropriate choice; how the process of (de)criminalisation could be advanced; what the role of evidence could be in this regard; and what consequences criminalisation decisions at EU level have for national legal orders. The book concludes with a demonstration of how similar issues arise in the field of procedural criminal law.
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Scope and Aims Launched in 2018, the European Criminal Justice Series provides a forum for high-quality scholarship on the European dimensions of crime, criminal law, criminal policy, and punishment. Publications in the series provide insight into how crime, criminal law and criminal justice is developing within the European Union and on the European continent, both from a legal and criminological perspectives. The series particularly welcomes monographs but is also open to edited volumes.

Information for Authors
Authors who are interested to publish in the European Criminal Justice Series, are invited to submit a proposal for consideration by the editorial board. For questions regarding the European Criminal Justice Series, or to submit a proposal, please contact the Editorial Board. The Editorial Board consists of the board members of the European Journal of Crime, Criminal Law and Criminal Justice, and two additional members. Each manuscript will be reviewed by the two editors-in-chief and by either one or two board members – depending on the topic and the required expertise.
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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 international and domestic law, 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, war crimes and aggression. 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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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 law experts.

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 monograph, Aistė 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 is criminal within the meaning of the Convention, 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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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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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.