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Supranational Criminal Law
What exactly is the context in which all aspects of this new field of criminal law have to be interpreted? What does the principle of legality mean in the context of supranational criminal law? Which tradition lies at the basis of this new law system? Is supranational criminal law as it grows the result of a deliberate policy, tending towards a coherent system? Or is it merely the result of crisis management?
Imagining the International
International crime and justice are powerful ideas, associated with a vivid imagery of heinous atrocities, injured humanity, and an international community seized by the need to act. Through an analysis of archival and contemporary data, Imagining the International provides a detailed picture of how ideas of international crime (crimes against all of humanity) and global justice are given content, foregrounding their ethical limits and potentials. Nesam McMillan argues that dominant approaches to these ideas problematically disconnect them from the lived and the specific and foster distance between those who have experienced international crime and those who have not. McMillan draws on inter...
Sovereignty Sharing in Fragile States
In fragile states, domestic and international actors sometimes take the momentous step of sharing sovereign authority to provide basic public services and build the rule of law. While sovereignty sharing can help address gaps in governance, it is inherently difficult, risking redundancy, confusion over roles, and feuds between partners when their interests diverge. In Sovereignty Sharing in Fragile States, John D. Ciorciari sheds light on how and why these extraordinary joint ventures are created, designed, and implemented. Based on extensive field research in several countries and more than 150 interviews with senior figures from governments, the UN, donor states, and civil society, Ciorcia...
The Milošević Trial
The international trial of Slobodan Milosevic, who presided over the violent collapse of Yugoslavia - was already among the longest war crimes trials when Milosevic died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The contributors to this volume, including trial participants, area specialists, and international law scholars bring a variety of perspectives as they examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create.
Art and Human Rights
This timely book builds bridges between the notions of art and aesthetics, human rights, universality, and dignity. It explores a world in which art and justice enter a discussion to answer questions such as: can art translate the human experience? How does humanity link individuality and community building? How do human beings define and look for their identity? The fields of human rights and art are brought together in order to open the discussion and contribute to the promotion and protection of human rights.
The Arts of Transitional Justice
The Art of Transitional Justice examines the relationship between transitional justice and the practices of art associated with it. Art, which includes theater, literature, photography, and film, has been integral to the understanding of the issues faced in situations of transitional justice as well as other issues arising out of conflict and mass atrocity. The chapters in this volume take up this understanding and its demands of transitional justice in situations in several countries: Afghanistan, Serbia, Srebenica, Rwanda, Northern Ireland, Cambodia, as well as the experiences of resulting diasporic communities. In doing so, it brings to bear the insights from scholars, civil society groups, and art practitioners, as well as interdisciplinary collaborations.
The Role and Extent of a Proportionality Analysis in the Judicial Assessment of Human Rights Limitations within International Criminal Proceedings
The aim of this monograph is to analyze how the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court have resorted to proportionality and other limitation techniques when placing implied external limits upon the exercise of substantive and procedural human rights enjoyed by the accused and other actors affected by international criminal proceedings. Implied external limits in this context are defined as those limits that override the exercise of a human right on public interest grounds or on grounds relating to competing human rights and that either fall outside the scope of a limitation/qualification c...
An Introduction to International Criminal Law and Procedure
This market-leading textbook gives an authoritative account of international criminal law, and focuses on what the student needs to know - the crimes that are dealt with by international courts and tribunals as well as the procedures that police the investigation and prosecution of those crimes. The reader is guided through controversies with an accessible, yet sophisticated approach by the author team of four international lawyers, with experience both of teaching the subject, and as negotiators at the foundation of the International Criminal Court and the Rome conference. It is an invaluable introduction for all students of international criminal law and international relations, and now covers developments in the ICC, victims' rights, and alternatives to international criminal justice, as well as including extended coverage of terrorism. Short, well chosen excerpts allow students to familiarise themselves with primary material from a wide range of sources. An extensive package of online resources is also available.
