Description : Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational, systematic, consistent, and comprehensive analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences. The full three-volume treatise addresses the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It is essential reading for practitioners, scholars, and students of international criminal law alike.
Description : This is the first comprehensive, single-volume collection of terrorism documents. The editor assembled material from both governmental & nongovernmental source relating to the prevention & suppression of terrorism. The collection constitutes a valuable research tool for academics & also for those concerned with implementing instruments to combat terrorism.
Description : This Understanding treatise is divided into four parts: • The first part provides a general overview, with definitions to key terms that appear throughout the book. It covers the area of jurisdiction, as this is the starting point in determining the applicability of using international law • The second part covers selected areas of international criminal law. It is not exhaustive of all areas of international or transnational law. Choices of specific crimes to cover were made on the basis of showing a diversity of topics, new and developing areas such as computer crimes, and the older more traditional areas such as piracy. It provides materials on both violent and non-violent crimes. Areas of immediate importance, such as terrorism and narcotics trafficking, are discussed • The third part covers procedural issues. It includes constitutional issues, immunities, obtaining evidence from abroad, obtaining people from abroad, and post-conviction issues such as prisoner transfers • The final part of this treatise covers the international aspects of international criminal law. In addition to examining what constitutes an international crime, it looks at human rights issues, international tribunals, and the International Criminal Court.
Description : This treatise discusses the theory, doctrinal basis, evolution, and policy of seventeen different international crimes, including: terrorism, aircraft hijacking, illegal drug trafficking, genocide, and other transnational crimes.
Description : Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
Description : This book offers a comprehensive analysis of the major areas of international criminal law (ICL). It approaches its subject matter from both a criminal law and an international law perspective, analysing the various topics exhaustively but in an accessible manner. While looking at the jurisprudence of the international tribunals, it is not confined to this approach, instead looking at all the fields in which ICL is employed. Thus it covers the theory of ICL, including the concepts of individual responsibility, the sources of ICL, State criminality, legality and legitimacy; the subjective (mens rea) and objective (actus reus) elements of international crimes and the particular position of the International Criminal Court Statute; the various modes of liability and participation in international crimes; the doctrine of command responsibility; defences and grounds for excluding liability; immunities; an extensive analysis of all war crimes; crimes against humanity; genocide; the crime of aggression; international criminal law of the sea, including piracy, armed robbery at sea, pollution-related offences, fisheries-related offences, maritime terrorism, injury to cables and pipelines, illegal broadcasting and enforcement against such offences; transnational crimes, including organised crime, corruption, money laundering, illicit trafficking of drugs and postal offences; particular international offences against the person, especially slavery and related practices, apartheid, enforced disappearances and torture; the legal contours of the crime of terrorism; an analysis of the historical development of ICL and of the legal processes relating to the Nuremberg Tribunal; an analysis of the UN tribunals for Yugoslavia and Rwanda; an examination of the International Criminal Court; an analysis of hybrid internationalised tribunals, such as those of Iraq, Sierra Leone, Cambodia, East Timor, Kosovo, Lebanon and Lockerbie, as well as an examination of truth commissions and amnesties; the various strands of criminal jurisdiction, and; the different modes of inter-State cooperation in criminal matters, including cooperation with international tribunals, extradition, illegal rendition and mutual legal assistance.