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Why Punish Perpetrators of Mass Atrocities?
Examines the purpose of international punishment and how different theories of punishment influence the practice of the International Criminal Court.
The Defence of Mistake of Law in International Criminal Law
Ignorance and mistake of law tend to exclude responsibility in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic and focuses on the appropriateness of imposing a guilty verdict on the individual defendant.
Judicial Dialogue on Human Rights
Judicial Dialogue on Human Rights offers a critical legal perspective on the manner in which international criminal tribunals select, (re-)interpret and apply the principles and standards formulated by the European Court of Human Rights. A part of the book is devoted to testing the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the nullum crimen principle, prohibition of torture, hearsay evidence and victims’ rights. Another section of the book seeks to devise a methodologically sound ‘grammar’ of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice.
The Russian-Ukrainian Conflict and War Crimes
This book offers a multidisciplinary examination of the international crimes committed in the Russia-Ukraine War, and the challenges of their prosecution and documentation. As the largest international armed conflict in Europe since World War II, Russia’s war against Ukraine has provoked strong reactions and questions about the post-1945 world order, the utility of the war, and the effectiveness of international criminal justice. Throughout the chapters in this volume, scholars and legal practitioners from Canada, Germany, Poland, Ukraine, the UK, and the United States present the results of interdisciplinary research, insights from the perspective of other post-communist states, and first...
Research Handbook on the Punishment of Atrocity Crimes
This Research Handbook examines the punishment of atrocity crime and presents a wide-ranging critique of post-conviction law, policy and practice. With a team of expert contributing authors, R—is’n Mulgrew and Mikkel Jarle Christensen provide insights into the impact and implications of punishment models, strategies and frameworks.
States of Justice
This book theorizes how weaker states in the international system use the ICC to advance their security and political interests.
The International Criminal Court
Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids dupl...
The Changing Character of International Dispute Settlement
Offers insightful reflections on contemporary challenges to the authority, effectiveness, legitimacy, and coordination of the international dispute settlement system.
Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes
This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.
