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Hybrid Justice
The last decade has seen the unexpected re-emergence of hybrid and internationalised courts - institutions which operate with varying combinations of national and international law, procedure, and staff. Whilst the establishment of the permanent International Criminal Court should have made hybrid mechanisms largely obsolete, hybrids have recently been established or proposed for atrocity crimes committed in Chad, South Sudan, Israel/Palestine, the Central African Republic, Kosovo, Syria, Sri Lanka, Myanmar, The Gambia, Liberia, and Ukraine. Hybrid Justice critically examines the resurgent promise of hybrid courts. Focusing on the fields, practices, innovations, and of hybrid courts, the con...
The International Criminal Court and Africa
This book considers the legal and political dimensions of the relationship between the International Criminal Court and Africa, looking at the role of the European Union, African Union, and African diplomacy on the issue of sovereignty and impunity for international crimes.
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...
HPCR Practitioner's Handbook on Monitoring, Reporting, and Fact-Finding
This book offers a portrait of the practice of monitoring, reporting, and fact-finding in the domain of human rights, international humanitarian law, and international criminal law. By analyzing the experiences of fifteen missions implemented over the course of the past decade, the book illuminates the key issues that these missions face and offers a roadmap for practitioners working on future missions. This book is the result of a five-year research study led by the Program on Humanitarian Policy and Conflict Research at Harvard University, Massachusetts. Based on extensive interviews conducted with fact-finding practitioners, this book consists of two parts. Part I offers a handbook that details methodological considerations for the design and implementation of fact-finding missions and commissions of inquiry. Part II - which consists of chapters written by scholars and practitioners - presents a more in-depth, scholarly examination of past fact-finding practices.
The Principle of ne bis in idem in International Criminal Law
The legal principle of ne bis in idem proclaims that no person shall be tried twice for the same matter. This principle is important in theory and practice, as it safeguards a fundamental individual interest and spares the accused the burden of a repeat trial. This book provides a comprehensive examination of the ne bis in idem principle in international criminal law. Readers will find a detailed account of ne bis in idem rules in the law and practice of the International Criminal Court and other international criminal courts. The book also examines international law ne bis in idem rules that govern the domestic prosecution of international crimes. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of International Criminal Law and International Human Rights law. It will be of particular use to those interested in defense rights, admissibility of cases before international criminal courts, and issues arising from prosecution of international crimes in multiple criminal jurisdictions.
Tracing Value Change in the International Legal Order
The international legal order is undergoing a crisis of unusual proportions. This book brings together multiple interdisciplinary contributors to explore whether the values underpinning international law itself are changing, the processes and mechanisms through which changes might be taking place, and how these changes can be negotiated.
International Law and Policy on the Protection of Civilians
The first comprehensive treatment of international law and policy on the protection of civilians in armed conflict.
The Protection of Civilians in Peacekeeping Operations
While the Security Council has been mandating peacekeepers to protect civilians since 1999, there is still contention on its legal meaning. Even though the concept of ‘protection’ can seem self-evident, as the concept of ‘protection’ is borrowed language, each body of law will perceive ‘protection’ through a different lens. However, as the mandate creates a legal obligation on UN peace missions, a clear understanding of protection is fundamental to ensure performance and accountability.
Conquering Peace
A bold new look at war and diplomacy in Europe that traces the idea of a unified continent in attempts since the eighteenth century to engineer lasting peace. Political peace in Europe has historically been elusive and ephemeral. Stella Ghervas shows that since the eighteenth century, European thinkers and leaders in pursuit of lasting peace fostered the idea of European unification. Bridging intellectual and political history, Ghervas draws on the work of philosophers from Abbé de Saint-Pierre, who wrote an early eighteenth-century plan for perpetual peace, to Rousseau and Kant, as well as statesmen such as Tsar Alexander I, Woodrow Wilson, Winston Churchill, Robert Schuman, and Mikhail Go...
