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Judges and the Making of International Criminal Law
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.
Organized Crime and International Criminal Law
This book presents the first comprehensive study of international criminal jurisdiction over organized crime. Taking into account a broad range of profit-generating crimes, including human trafficking, migrant smuggling, drug trafficking, and illicit trade in arms and ammunition, Strobel draws a concise picture of who can be prosecuted for what under which circumstances by analysing the current legal framework as defined by the Rome Statute, and by discussing future developments that could further facilitate such prosecutions. Whereas international criminal law in the strict sense has long been considered not to apply to organized crime, Strobel convincingly demonstrates that international criminal prosecutions hold underexploited potential to bring leaders of cartels and trafficking rings to justice.
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The Discourse on Customary International Law
This book provides an accessible and highly engaging discussion of customary international law. It employs an original theoretical perspective to unpack the structures of thought that lie beneath any claims made regarding customary international law.
Routledge Handbook of International Criminal Law
International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law. The book is split into four parts for ease of reference: The Historical and Institutional Framework – Sets international crimina...
Promoting Peace Through International Law
This book considers the liberal conception of peace within Western philosophy and the principle of 'peaceful coexistence' supported in the East. It investigates there is a 'right to peace' by tracing the evolution of the international law of peace through its historical and philosophical origins.
Fairness in International Criminal Trials
With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. This volume addresses key conceptual questions on fairness, including: should international criminal tribuna...
