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The Politics of International Criminal Law
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law (ICL). As a nascent legal regime that seeks to regulate the longstanding power of states to manage war and crime, ICL faces challenges to its legitimacy, including disagreement over its aims and effectiveness; inequality in the work of its institutions; and opposition from dominant countries. The editors bring together eleven senior and emerging scholars and practitioners from Europe, Asia, Africa, Australia and North America to analyse these challenges from an illuminating range of theoretical and empirical perspectives. Taken together, the collection ultimately helps advance our understanding of the particularly charged relationship between law and politics in ICL.
Sights, Sounds, and Sensibilities of Atrocity Prosecutions
This book unlocks the look, sound, smell, taste, and feel of justice for massive human rights abuses. Twenty-nine expert authors examine the dynamics of the five human senses in how atrocity is perceived, remembered, and condemned. This book is chockful of images. It serves up remarkably diverse content. It treks around the globe: from Pacific war crimes trials in the aftermath of the Second World War to Holocaust proceedings in contemporary Germany, France, and Israel; from absurd show trials in Communist Czechoslovakia to international courtrooms in Arusha, Phnom Penh, and The Hague. Readers embark on a journey that transcends myriad dimensions, including photographic representations of gr...
The Participation of Victims in International Criminal Proceedings
This book argues that the expressivist justice model provides a meaningful foundation for the participation of victims in international criminal proceedings. Traditional criminal justice theories have tended to marginalise the role afforded to victims while informing the criminal procedures utilised by international criminal courts. As a result, giving content to, shaping, and enhancing victims’ participatory rights have been some of the most debated issues in international criminal justice. This book contributes to this debate by advancing expressivism, which has the capacity to create a historical narrative of gross human rights violations, as a core of international criminal justice abl...
The Routledge Handbook of Collective Responsibility
The Routledge Handbook of Collective Responsibility comprehensively addresses questions about who is responsible and how blame or praise should be attributed when human agents act together. Such questions include: Do individuals share responsibility for the outcome or are individuals responsible only for their contribution to the act? Are individuals responsible for actions done by their group even when they don’t contribute to the outcome? Can a corporation or institution be held morally responsible apart from the responsibility of its members? The Handbook’s 35 chapters—all appearing here for the first time and written by an international team of experts—are organized into four par...
Justice as Message
This work is the first to examine the expressive and communicative functions of law in a comprehensive way in the field of atrocity crime. It shows that expression and communication are not only inherent parts of the punitive functions of international criminal justice, but are represented in a whole spectrum of practices.
Core Concepts in Criminal Law and Criminal Justice
Volume two of a comparative study of the concepts that underpin different domestic systems of criminal law and justice.
The Independence of the Prosecutor
The establishment of the International Criminal Court was a singular, even revolutionary, achievement. Uniquely within the realm of international criminal justice, the ICC Prosecutor can initiate investigations independently of any state’s wishes. Why would sovereign states agree to such sweeping powers? The Independence of the Prosecutor draws on interviews with key participants to answer that question. Case studies of Canada and the United Kingdom, which supported prosecutorial independence, and the United States and Japan, which opposed it, demonstrate that state positions depended on the values and principles of those who wielded the most power in national capitals at the time. Appendices provide a record of the arguments made by state delegations in the negotiations that produced the institutional design of the Court. This astute investigation demonstrates that now, over twenty years after its establishment, the ICC’s innovative arrangement of having an independent prosecutor continues to move law and international criminal jurisprudence forward and directly combats impunity for mass atrocities.
An Introduction to the International Criminal Court
Authoritative, succinct and up-to-date introduction to the law and practice of the International Criminal Court.
Research Handbook on the Theory and History of International Law
This updated and revised second edition, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.
