Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.
This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.
The decisions presented in the book are helpfully accompanied by short introductions setting out the circumstances of each case and brief commentaries on the importance of the decision and principles illustrated. --Book Jacket.
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.
International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
This book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion. Awarded The Paul Guggenheim Prize in International Law 2017!
This title 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; and much more.
'International Criminal Law' presents a full and systematic overview of the field, placing it in the context of wider international law. It offers a high-level, analytical examination with particular reference to the concept of an international crime and the role of domestic courts in prosecuting international crimes.--
ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.