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The Extraordinary Chambers in the Courts of Cambodia
This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC’s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapt...
Treatise on International Criminal Law
Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This fully updated new edition of the third volume of a Treatise on International Criminal Law 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, this volume 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. This new edition has been expanded to includ...
Rebel Governance in the Middle East
This book uses the cases of Syrian factions in rebel-held areas, Hamas in the Gaza Strip, Houthi in Yemen, rebels in Libya, Taliban in Afghanistan, In Iraq, and Somalia to explain the importance of examining genealogies tribalism, common local knowledge and social networks in understanding the institutionalisation of armed group governance systems. The book provides a series of studies employing heterogenous methodological approaches to address the issue using qualitative, quantitative and mixed methods. The proposed project also attempts to move away from the central debate on the national political crisis trend by examining the sub-national level patterns and assessing various factors and questions that bring about clear answers regarding how de-facto rulers use tribes and tribal informal institutions to sustain their presence and create a safe social incubator.
Coercive Diplomacy, Sanctions and International Law
This volume explores sanctions as instruments of coercive diplomacy, delving into theoretical arguments and combining perspectives from international law and international relations scholars and practitioners. Primary questions include the compatibility and legitimacy of sanctions regimes, enforcement measures, including the role of sanctions committees, the practice of circumventing sanctions, and the relation with the ICC proceedings. Legal and institutional aspects of the practice of the European Union are addressed. The extraterritorial effects of national legislation implementing sanctions imposed by individual States are investigated. A focus is on the impact of sanctions on non-State actors. The connections with the protection of human rights and the adverse impact on individual rights are considered. The implementation of sanctions is addressed in view of their legal limitation and the concept of proportionality, their consequences upon existing treaties and contracts, their effectiveness, and their strategic implications.
Illiberal Transitional Justice and the Extraordinary Chambers in the Courts of Cambodia
This book examines the creation and operation of the Extraordinary Chambers in the Courts of Cambodia (ECCC), which is a hybrid domestic/international tribunal tasked with putting senior leaders of the Khmer Rouge on trial. It argues that the ECCC should be considered an example of illiberal transitional justice, where the language of procedure is strongly adhered to but political considerations often rule in reality. The Cambodian government spent nearly two decades addressing the Khmer Rouge past, and shaping its preferred narrative, before the involvement of the United Nations. It was a further six years of negotiations between the Cambodian government and the United Nations that determined the unique hybrid structure of the ECCC. Over more than a decade in operation, and with three people convicted, the ECCC has not contributed to the positive goals expected of transitional justice mechanisms. Through the Cambodian example, this book challenges existing assumptions and analyses of transitional justice to create a more nuanced understanding of how and why transitional justice mechanisms are employed.
Principles of International Criminal Law
Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
State Responsibility in the International Legal Order
The book analyzes State responsibility in international law from a holistic and critical perspective.
The Social Order of Postconflict Transformation in Cambodia
Drawing on data from three different insurgent groups within the Cambodian conflict, the book shows how the social backgrounds of combatants and commanders cause them to pursue different strategies during a decade-long transition into various postconflict settings, thereby creating different “pathways to peace.” By highlighting different vertical and horizontal ranks within the insurgent groups and the role of belligerents’ resources and networks, this qualitative study tackles an imbalance in the current research on Disarmament, Demobilization, and Reintegration (DDR), which tends to focus on top-down planning and the technicalities of reintegration programs. It helps explain why conf...
