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The Fundamental Concept of Crime in International Criminal Law
This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.
AI for Everyone: benefitting from and building trust in the technology
If governed adequately, AI (artificial intelligence) has the potential to benefit humankind enormously. However, if mismanaged, it also has the potential to harm humanity catastrophically. The title of this book reflects the belief that access to the benefits of AI, awareness about the nature of the technology, governance of the technology and its development process with a focus on responsible development, should be transparent, open, understood by and accessible to all people regardless of their geographic, generational, economic, cultural and/or other social background. The book is the result of a discussion series organized by the Association of Pacific Rim Universities (APRU) which was financially supported by Google.
Between Forbearance and Audacity
Explains why international courts underutilize their power and traces how this impacts international norms through legal and social science-based analyses.
The Russian Invasion of Ukraine
This book examines crucial facets of the Russian invasion: among them, the Russian sexual violence against occupied Ukrainians, their “collaboration” and “filtration,” legal prosecutions especially relating to kidnapped Ukrainian children, the portrayal of events in Bucha on Russian social media, and the lessons learned from the Ukrainian refugee crisis in Poland during the initial weeks of the war, as well the potential pursuit of justice at the International Court of Justice, and the genocide claim more generally. This anthology will serve as a valuable resource for scholars, policymakers, and the broader community involved in the study of genocide and conflict. It endeavours to offer not only insights into the immediate circumstances of the invasion but also a framework for broader discussions and a foundation for informed dialogues on the multifaceted dimensions of this geopolitical upheaval. The chapters in this book were originally published as a special issue of Journal of Genocide Research.
Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes
Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Transitional Justice and a State’s Response to Mass Atrocity
This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impedime...
The Global Prosecution of Core Crimes under International Law
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The b...
The European Court of Human Rights
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
The Armenian Genocide
The systematic extermination of about 1.5 million Armenians by the Ottoman government during and after WWI inspired the formulation of a new term that would come to haunt the modern “civilized” world—genocide. It was a harbinger of other genocides that would deeply scar and stain the twentieth century. To this day, Turkey denies the genocide, instead claiming that the victims died of starvation or the violence of isolated gangs or the unintended effects of legitimate deportation. These ongoing denials and evasions have generated enormous debate, criticism, and controversy—within and without Turkey—all of which is laid out here for readers to sift through and evaluate and within which they may pursue and locate the truth.
