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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
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
Author: J.J. Smith

In 2010 the international community codified the crime of aggression. But the jurisdiction of courts and definition of acts encompassed by the crime would remain incomplete. Western Sahara now appears to be the only situation where it is possible to prosecute aggression. The development of the crime is reviewed and the circumstances of aggression in Western Sahara are addressed starting with the territory’s invasion in 1975. The analysis moves to Spain’s 2014 adoption of the crime, its national criminal law jurisdiction and the limits to retroactivity in the case of Western Sahara. Occupation and annexation, as presumptive second and third acts of aggression in Western Sahara, are reviewed. A fourth act of aggression not explicitly defined in 2010 is examined, the intentional denial of a non-self-governing people’s right to self-determination. Defences to aggression in Western Sahara are evaluated. Lessons for future development and application of the crime are discussed.

In: International Criminal Law Review

In 2016, the icty Trial Chamber found one of the greatest hate and fear propagandists of the Yugoslav wars, Dr Vojislav Šešelj, not guilty on all counts of the indictment. A full comprehension of the role the propaganda played was lost and the partial reversal of the judgment at the Appeals Chamber provided little improvement in this regard. Yet the blame does not solely rest with the Chambers but also with the Prosecution and an utterly fragmented law applicable to hate and fear propaganda. This article looks in depth at the Šešelj case in order to highlight the many hurdles to effective prosecution, some specific to the case and others symptomatic generally of propaganda trials. It then takes a multi-disciplinary approach in presenting the nature of hate and fear propaganda to suggest a broader way of looking at causality as well as to argue for reform of the current applicable law.

In: International Criminal Law Review

On 21 March 2016 Trial Chamber iii of the International Criminal Court unanimously convicted the former Vice-President of the Democratic Republic of the Congo, Jean-Pierre Bemba Gombo, on the basis of the doctrine of command responsibility for crimes against humanity and war crimes committed by troops under his command in the Central African Republic from 2002 to 2003. On 8 June 2018 however, the Appeals Chamber reversed the judgment and acquitted Bemba of all charges. The Appeals Chamber held that the Trial Chamber erred in finding that Bemba failed to take all necessary and reasonable measures to prevent and repress crimes committed by his subordinates as contemplated in Article 28(a)(ii) of the Rome Statute. This article evaluates the meaning of “all necessary and reasonable measures” in the context of command responsibility and considers whether Bemba met this threshold in order to avoid incurring criminal responsibility under Article 28(a)(ii).

In: International Criminal Law Review