International Criminal Law

Introduction

International Criminal Law - Research Guide International Law

International criminal law is the part of public international law that deals with the criminal responsibility of individuals for international crimes. There is no generally accepted definition of international crimes. A distinction can be made between international crimes which are based on international customary law and therefore apply universally and crimes resulting from specific treaties which criminalize certain conduct and require the contracting states to implement legislation for the criminal prosecution of this conduct in their domestic legal system. The international core crimes, i.e., crimes over which international tribunals have been given jurisdiction under international law, are: genocide, war crimes, crimes against humanity, and aggression. International criminal law finds its origin in both international law and criminal law and closely relates to other areas of international law. The most important areas are human rights law and international humanitarian law as well as the law on state responsibility. The sources of international criminal law are the same as those of general international law mentioned in article 38(1) of the Statute of the International Court of Justice: treaties, international customary law, general principles of law, judicial decisions and writings of eminent legal scholars. The Nuremberg and Tokyo trials signaled the birth of present-day international criminal law, i.e., the prosecution of individuals for international crimes before international tribunals. In the early nineties of the previous century international criminal law received a major stimulus with the establishment of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda by the United Nations Security Council. Also the creation of various internationalized or mixed criminal courts and the proposals of the International Law Commission, which resulted in the creation of the International Criminal Court in 2002, contributed to the rapid development of international criminal law during the last two decades.

This Research Guide is intended as a starting point for research in the field of International Criminal Law. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code 248. International Criminal Law ; General Works and subject heading (keyword) International Criminal Law are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Bibliography

Reference works

Books

Articles

Documents

Periodicals and Serial Publications

Bibliographies

Aspegren, L., International Criminal Law and the Genocide in Rwanda, Raoul Wallenberg Institute for Human Rights and Humanitarian Law (RWI), Lund University, 2013. [PDF]

Add comments -for instance if you think we missed something, or just to express your thoughts- about the bibliography in this research guide:

New titles

Updated every Friday morning.

The Peace Palace Library has a collection of over a million publications. Each week, about six hundred new titles are added to our collection: books, articles, documents, online publications, etc. On this page, access is provided to this week’s new titles on International criminal law and criminal procedure. It covers a wide variety of topics which include, international crimes: genocide, crimes against humanity, war crimes and aggression; international criminal tribunals: Nuremberg and Tokyo International Military Tribunals, International Criminal Court, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, Iraqi Special Tribunal, Extraordinary Chambers in the Courts of Cambodia, Special Court for Sierra Leone, Special Tribunal for Lebanon. Other subjects in this section include, among others: child soldiers; women and sex crimes; individual criminal responsibility; Residual mechanism; Rome Statute; superior orders; victims; and universal jurisdiction.


1. Justice for victims before the International Criminal Court
Justice for victims before the International Criminal Court / Luke Moffett. - London ; New York : Routledge, Taylor & Francis Group, 2014. - XII, 308 pages. ; 24 cm. - (Routledge research in international law) Conceiving Justice for Victims of International Crimes -- The Development of Victims in International Criminal Justice -- Victims in the Proceedings of the International Criminal Court -- Reparations and Responsibility under the Rome Statute -- The Impact of the International Criminal Court on Victims in Northern Uganda -- Victim-Orientated Complementarity : A Wider Perspective -- Conclusion. - Includes bibliographical references and index. - 2014
Keywords: International Criminal Court, International crimes, Victims, Legal status, International criminal procedure,

2. International criminal law in a nutshell
International criminal law in a nutshell / by David P. Stewart. - St. Paul, MN : West Academic Publishing, 2014. - LXII, 445 pages. ; 19 cm. - (West nutshell series) Includes bibliographical references and index. - 2014
Keywords: International criminal law, International criminal tribunals, International crimes, Transnational crime, Terrorism, Extradition, Judicial assistance,

3. International trials and reconciliation
International trials and reconciliation : assessing the impact of the International Criminal Tribunal for the Former Yugoslavia / Janine Natalya Clark. - Abingdon, Oxon ; New York, NY : Routledge, 2014. - XVI, 249 pages. ; 24 cm. - (Transitional justice) Includes bibliographical references and an index. - 2014
Keywords: Bosnia and Herzegovina, Croatia, Kosovo, International Criminal Tribunal for the Former Yugoslavia, International criminal justice, Reconciliation, Transitional justice,

4. Uluslararasi ceza hukuku
Uluslararasi ceza hukuku / Prof. Dr. Durmuş Tezcan, Prof. Dr. Mustafa Ruhan Erdem, Yrd. Doç Dr. R. Murat Önok. - 2. Baskı. - Ankara : Seçkin Hukuk, 2014. - 552 pages. ; 24 cm 1st edition: 2009. - Includes bibliographical references and an index. - 2014
Keywords: International criminal law, International Criminal Court, Criminal liability, Judicial assistance, Genocide, Aggression, War crimes, Legal history,

5. Making Justice Visible: Bosnia and Herzegovina's Domestic War Crimes Trials Outreach
Making Justice Visible: Bosnia and Herzegovina's Domestic War Crimes Trials Outreach / Stephanie A. Barbour. - New York : Social Science Research Council. - Page 96-138 In: Transitional Justice, Culture, and Society: beyond Outreach / edited by Clara Ramirez-Barat, ISBN 9780911400021: (2014), Page 96-138. - 2014
Keywords: Bosnia and Herzegovina, War crimes, Trials, Criminal justice, Education, Information, Communications, Public participation,

6. The Uses and Abuses of Media: Rwanda before and after the Genocide
The Uses and Abuses of Media: Rwanda before and after the Genocide / Timothy Longman. - New York : Social Science Research Council. - Page 246-277 In: Transitional Justice, Culture, and Society: beyond Outreach / edited by Clara Ramirez-Barat, ISBN 9780911400021: (2014), Page 246-277. - 2014
Keywords: Rwanda, International Criminal Tribunal for Rwanda, Media, Genocide, Hate speech, Post-conflict reconstruction, Criminal liability, Communications, Transitional justice,

7. The Special Tribunal for Lebanon
The Special Tribunal for Lebanon : a defense Perspective / Charles Chernor Jalloh In: Vanderbilt Journal of Transnational Law = ISSN 0090-2594: vol. 47, issue 3, page 765-824. - 2014
Keywords: Lebanon, Special Tribunal for Lebanon, Accused, International criminal tribunals, International criminal law,

8. The Evolving Status of Conflict-Related Rape and other Acts of Sexual Violence as Crimes under International Law
The Evolving Status of Conflict-Related Rape and other Acts of Sexual Violence as Crimes under International Law / Jean de Dieu Sikulibo In: Humanitäres Völkerrecht = ISSN 0937-5414: vol. 27, issue 2, page 83-92. - 2014
Keywords: International criminal tribunals, International Criminal Court, International crimes, Sex crimes, Rape, Prosecution, International criminal law,

9. The Impact of the ICTY on Atrocity-Related Prosecutions in the Courts of Bosnia and Herzegovina
The Impact of the ICTY on Atrocity-Related Prosecutions in the Courts of Bosnia and Herzegovina / Yael Ronen In: Penn State Journal of Law and International Affairs = ISSN 2168-7951: vol. 3, issue 1, page 113-160. - 2014
Keywords: Bosnia and Herzegovina, Internationalized criminal tribunals, International Criminal Tribunal for the Former Yugoslavia, Yugoslav wars (1989-1999), International crimes, Criminal justice,

10. No Witness, No Case: An Assessment of the Conduct and Quality of ICC Investigations
No Witness, No Case: An Assessment of the Conduct and Quality of ICC Investigations / Dermot Groome In: Penn State Journal of Law and International Affairs = ISSN 2168-7951: vol. 3, issue 1, page 1-112. - 2014
Keywords: International Criminal Court, Rome Statute (Rome, 17 July 1998), Prosecution, Criminal investigation, International criminal procedure,

11. Estatuto de Roma en la comunidad internacional
Estatuto de Roma en la comunidad internacional / María Camila Giraldo Ceballos, Juan Sebastián Correa Lopera In: Revista EJIL : EAFIT journal of international law = ISSN 2216-0965: vol. 2, issue 2, page 61-78. - 2011
Keywords: Colombia, United Nations, Security Council, International Criminal Court, Rome Statute (Rome, 17 July 1998), Complementary jurisdiction, International criminal justice,

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  • Jain, N., Perpetrators and Accessories in International Criminal Law: Individual Modes of Responsibility for Collective Crimes, Oxford, Hart Publishing, 2014.

    Jain, N., Perpetrators and Accessories in International Criminal Law: Individual Modes of Responsibility for Collective Crimes, Oxford, Hart Publishing, 2014.

    International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals. [Catalogue]

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  • Alamuddin, A., N.N. Jurdi and D. Tolbert (eds.), The Special Tribunal for Lebanon: Law and Practice, Oxford, Oxford University Press, 2014.

    Alamuddin, A., N.N. Jurdi and D. Tolbert (eds.), The Special Tribunal for Lebanon: Law and Practice, Oxford, Oxford University Press, 2014.

    This book provides a full analytical overview of the establishment and functioning of the Special Tribunal for Lebanon, the newest and most controversial of the UN-sponsored international criminal courts. In 2005, Lebanese Prime Minister Rafic Hariri was assassinated in a huge blast that reverberated across Lebanon and the region. The Tribunal was established with a mandate to try the perpetrators of the Hariri killing, as well as those responsible for other killings that are ‘connected’ to this core crime. Individuals associated with the Hezbollah group have been indicted to be tried in the court in The Hague-but in their absence as their locations are unknown. The Tribunal is the UN’s first attempt at addressing terrorism in an international criminal court, and the first attempt to set up international trials following crimes committed in the Middle East region. The court’s narrow mandate and unique procedures have led many to question what kind of precedent it will set in a volatile region. This book looks at how the court was established, its foundational principles based on the Statute of the International Criminal Court and Lebanese domestic law, and the possible further development of its case law. It provides an authoritative guide to the procedure of the Tribunal,the status of the Registry, the rights of suspects and accused, trials in absentia, and the regulation of the conduct of counsel, drawing on comparisons to other international courts. The authors include those involved in setting up the court, prosecutors, defence counsel for the suspects, as well as judges and academic commentators who are experts on the issues covered in the book.

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  • Ciorciari, J.D., and A. Heindel, Hybrid Justice: The Extraordinary Chambers in the Courts of Cambodia, Ann Arbor, University of Michigan Press, 2014.

    Ciorciari, J.D., and A. Heindel, Hybrid Justice: The Extraordinary Chambers in the Courts of Cambodia, Ann Arbor, University of Michigan Press, 2014.

    Since 2006, the United Nations and Cambodian Government have participated in the Extraordinary Chambers in the Courts of Cambodia, a hybrid tribunal created to try key Khmer Rouge officials for crimes of the Pol Pot era. In Hybrid Justice, the authors examine the contentious politics behind the tribunal’s creation, its flawed legal and institutional design, and the frequent politicized impasses that have undermined its ability to deliver credible and efficient justice and leave a positive legacy. They also draw lessons and principles for future hybrid and international courts and proceedings.

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  • McBride, J., The War Crime of Child Soldier Recruitment, The Hague, Asser Press, 2014.

    McBride, J., The War Crime of Child Soldier Recruitment, The Hague, Asser Press, 2014.

    The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This book follows the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.

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  • Zidar, A. and O. Bekou (eds.), Contemporary Challenges for the International Criminal Court, London, British Institute of International and Comparative Law, 2014.

    A. Zidar and O. Bekou (eds.), Contemporary Challenges for the International Criminal Court, London , British Institute of International and Comparative Law, 2014.

    The International Criminal Court (ICC) celebrated its 10th anniversary in 2012. The initial decade was marked, not only by the ICC issuing its first judgment, in the Lubanga case, but also by numerous challenges which it has had to resolve. This book brings together a number of perceptive insights into the functioning of the ICC at the intersection between international criminal law theory and the practice developed by the ICC. Subjects covered in the book include the definition of crimes under the Rome Statute, the issue of complementarity between the ICC and domestic courts, the trigger mechanisms of the ICC, the role and rights of victims, and prospects for the future work of the ICC. The book’s contributors are leading specialists in the field of international criminal justice, and include scholars, legal practitioners, NGO experts, and ICC officials. It will be an important asset for all readers interested in contemporary developments under the legal regime of the Rome Statute.

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  • Krabbe, M., Excusable Evil: An Analysis of Complete Defenses in International Criminal Law, Cambridge, Intersentia, 2014.

    Krabbe, M., Excusable Evil: An Analysis of Complete Defenses in International Criminal Law, Cambridge, Intersentia, 2014.

    Could Hitler have pleaded insanity? Can a soldier participating in a massacre claim duress because his superior forced him? In domestic criminal law complete defenses, such as insanity and duress, are relatively common legal concepts. But what is the role of these arguments in international criminal law? Can horrific large-scale crimes, such as genocide and crimes against humanity, ever be excused? This book provides an analysis of cases featuring complete defenses before international criminal courts (IMT, IMTFE, ICTY, ICTR and ICC). The conclusion of the analysis is that international criminal courts recognize most complete defenses in principle. However, they consistently reject them in practice. Courts thus tend to say: “Insanity is available as a complete defense … but not in this case”. This conclusion raises questions as to the compatibility between complete defenses and international crimes: When they are never accepted in practice, should such defenses be available at all? The final Part of the book answers this question in the affirmative and provides recommendations on the contents of complete defenses in the field of international criminal justice.

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  • Tams, C.J. (et al.), Convention on the Prevention and Punishment of the Crime of Genocide: A Commentary, München; Oxford, C.H. Beck; Hart, 2014.

    Tams, C.J. (et al.), Convention on the Prevention and Punishment of the Crime of Genocide: A Commentary, München; Oxford, C.H. Beck; Hart, 2014.

    The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) has a special standing in international law and international politics. For 60 years, the crime of genocide has been recognised as the most horrendous crime in international law, famously designated the ‘crime of crimes’. On the occasion of the 60th anniversary of its adoption the UN High Commissioner for Human Rights stated that ‘genocide is the ultimate form of discrimination’. In the same context the chief prosecutor of the International Criminal Court described the Genocide Convention as a ‘visionary and founding text for the Court’. The Convention has as such influenced the subsequent development of many different areas of international law. For example, the 1951 Advisory Opinion on the Genocide Convention enabled the International Court of Justice to shape the modern regime of reservations to treaties. More recently, the prohibition against genocide has become a crucial pillar of the regime of international criminal law developing since the 1990s, with genocide being one of the core crimes falling under the jurisdiction of the UN ad hoc tribunals, the Extraordinary Chambers in the Courts of Cambodia and the permanent International Criminal Court. In this work the 19 provisions of the Convention are analysed article-by-article, with abundant references to state practice and case law.

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  • Tochilovsky, V., The Law and Jurisprudence of the International Criminal Tribunals and Courts: Procedure and Human Rights Aspects, Cambridge, Intersentia, 2014.

    Tochilovsky, V., The Law and Jurisprudence of the International Criminal Tribunals and Courts: Procedure and Human Rights Aspects, Cambridge, Intersentia, 2014.

    This book provides a comprehensive overview of the law and jurisprudence of the ad hoc international criminal tribunals and courts, and the International Criminal Court. It also includes relevant jurisprudence of the European Court of Human Rights and practice of the UN Human Rights Committee. It examines the nature and evolution of the relevant statutory provisions and of the procedural rules of the international criminal tribunals and provides the rationale behind the evolution. While the book is built on the previous publications by the author, it significantly expands the subject matter of the relevant jurisprudence and reflects developments and current state of the human rights standards in the international criminal procedure. The cited jurisprudence and law is up to date as on 1 September 2013. The book contains a digest and analysis of relevant decisions, orders and judgements and the law of the International Criminal Tribunal for the Former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR), Special Court for Sierra Leone (SCSL), Extraordinary Chambers in the Courts of Cambodia (ECCC), the International Criminal Court (ICC), as well as the relevant judgements of the European Court of Human Rights (ECtHR).

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  • Jalloh, C.C. (ed.), The Sierra Leone Special Court and Its Legacy: The Impact for Africa and International Criminal Law, New York, NY, Cambridge University Press, 2014.

    Jalloh, C.C. (ed.), The Sierra Leone Special Court and Its Legacy: The Impact for Africa and International Criminal Law, New York, NY, Cambridge University Press, 2014.

    The Special Court for Sierra Leone (SCSL) is the third modern international criminal tribunal supported by the United Nations and the first to be situated where the crimes were committed. This timely, important and comprehensive book is the first to critically assess the impact and legacy of the SCSL for Africa and international criminal law. Contributors include leading scholars and respected practitioners with inside knowledge of the tribunal, who analyze cutting-edge and controversial issues with significant implications for international criminal law and transitional justice. These include joint criminal enterprise; forced marriage; enlisting and using child soldiers; attacks against United Nations peacekeepers; the tension between truth commissions and criminal trials in the first country to simultaneously have the two; and the questions of whether it is permissible under international law for states to unilaterally confer blanket amnesties to local perpetrators of universally condemned international crimes.

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  • Pocar, F. (et al.) (eds.), War Crimes and the Conduct of Hostilities: Challenges to Adjudication and Investigation, Cheltenham, E. Elgar, 2013.

    Pocar, F. (et al.) (eds.), War Crimes and the Conduct of Hostilities: Challenges to Adjudication and Investigation, Cheltenham, E. Elgar, 2013.

    Most charges for war crimes are brought for violations of the rules on the treatment of protected persons in armed conflict situations. However in certain cases, they are brought for serious breach of international humanitarian law rules governing the conduct of hostilities. This book seeks to address this somewhat neglected area of international criminal law. War Crimes and the Conduct of Hostilities identifies the challenges faced by prosecutors, investigators and courts and tribunals in the definition, investigation and adjudication of war crimes, based on violations of the rules of international humanitarian law on the conduct of hostilities. Detailed and topical sections in the book include; violations of the principles of distinction, proportionality and precaution, violations of the rules protecting particular categories of persons, violations of the rules on means of warfare and the special case of terrorism in armed conflicts.

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  • Klamberg, M., Evidence in International Criminal Trials: Confronting Legal Gaps and the Reconstruction of Disputed Events, Leiden, Nijhoff, 2013.

    Klamberg, M., Evidence in International Criminal Trials: Confronting Legal Gaps and the Reconstruction of Disputed Events, Leiden, Nijhoff, 2013.

    In Evidence in International Criminal Trials the author compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.

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  • Marchuk, I, The Fundamental Concept of a Crime in International Criminal Law: A Comparative Law Analysis, Berlin, Springer, 2014.

    Marchuk, I, The Fundamental Concept of a Crime in International Criminal Law: A Comparative Law Analysis, Berlin, Springer, 2014.

    This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. The study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

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  • McDougall, C., The Crime of Aggression under the Rome Statute of the International Criminal Court, Cambridge, Cambridge University Press, 2013.

    McDougall, C., The Crime of Aggression under the Rome Statute of the International Criminal Court, Cambridge, Cambridge University Press, 2013.

    This guide to the crime of aggression provisions under the Rome Statute of the International Criminal Court (ICC) offers an exhaustive and sophisticated legal analysis of the crime’s definition, as well as the jurisdictional provisions governing the ICC’s exercise of jurisdiction over the crime. A range of practical issues likely to arise in prosecutions of the crime of aggression before the ICC are canvassed, as is the issue of the domestic prosecution of the crime. It also offers an insight into the geopolitical significance of the crime of aggression and the activation of the ICC’s ability to exercise its jurisdiction over the crime. The author’s intimate involvement in the crime’s negotiations, combined with extensive scholarly reflection on the criminalisation of inter-State uses of armed force, makes this highly relevant to all academics and practitioners interested in the crime of aggression.

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  • Pégorier, C., Ethnic Cleansing: A Legal Qualification, London, Routledge, 2013.

    Pegorier, C., Ethnic Cleansing: A Legal Qualification, London, Routledge, 2013.

    This book confronts the problem of the legal uncertainty surrounding the definition and classification of ethnic cleansing, exploring whether the use of the term ethnic cleansing constitutes a valuable contribution to legal understanding and praxis. The premise underlying this book is that acts of ethnic cleansing are, first and foremost, a criminal issue and must therefore be precisely placed within the context of the international law order. In particular, it addresses the question of the specificity of the act and its relation to existing categories of international crime, exploring the relationship between ethnic cleansing and genocide, but also extending to war crimes and crimes against humanity. The book goes on to show how the current understanding of ethnic cleansing singularly fails to provide an efficient instrument for identification, and argues that the act, in having its own distinctive characteristics, conditions and exigencies, ought to be granted its own classification as a specific independent crime.

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  • Sluiter, G. (et al.) (eds.), International Criminal Procedure: Principles and Rules, Oxford, Oxford University Press, 2013.

    Sluiter, G. (et al.) (eds.), International Criminal Procedure: Principles and Rules, Oxford, Oxford University Press, 2013.

    International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals’ procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals’ special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

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Database

Blogs

  • A Supreme Offence against International Morality and the Sanctity of Treaties: William II of Hohenzollern and the Treaty of Versailles

    Early during World War I, jurists and statesmen in both France and Great-Britain, such as Larnaude and Lapradelle, had advocated the German Emperor William II to be arrested and brought to trial. The principle that military officers should be held personally responsible for orders in violation of the laws and customs of war, if pushed to its logical limits, would render commanders-in-chief, that is heads of State, liable for illegal acts for which they are responsible, directly or indirectly. And in Germany, there was one commander-in-chief: the Emperor William II.

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  • Achievements of the ICTY

    Twenty years ago the United Nations Security Council unanimously adapted Resolution 827. With this resolution the international community envisaged to put to trial those individuals that were alleged to be responsible for grave crimes against humanity, infractions of international humanitarian law and the law of war which have been committed during the Yugoslav wars (1991-1999). The United Nations International Criminal Tribunal for the former Yugoslavia (ICTY), was the first ad hoc criminal tribunal that came into existence since the erection of the Nuremberg and Tokyo Tribunals after World War II.

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  • Homeland, Zero Dark Thirty and Jack Bauer: Rendition, Torture and the Demise of American Values

    The latest in a series of Hollywood productions which reopened a debate about torture and extraordinary rendition is Zero Dark Thirty. Real life variations of Hollywood-scenarios have been unfolding as the US government has engaged in a program of extraordinary rendition since the Clinton Administration and which became widespread under the Bush Administration following the September 11 terrorist attacks.This blog examines Obama’s policy towards torture and (extraordinary) rendition.

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  • Crimes against Cultural Property in Mali

    In an earlier Peace Palace Library blog (Cultucide in Timbuktu: Shari’a and war crimes) Ingrid Kost wrote that the Islamist Group Ansar (Ed)dine (“Defenders of the Faith”) destroyed some of the age-old mausolea of Sufi Saints in Timbuktu, Mali. One of the major causes of destruction of cultural property (the illicit trading, stealing and looting of cultural property is not covered in this blog) over the ages has been armed conflict. Crimes against cultural property should therefore be addressed properly.

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  • The International Criminal Prosecution Of Gender Crimes

    When we first think about wars and armed conflicts, we very often think about battlefields, burned villages, wounded soldiers, air-bombs and tanks. We tend to forget that civilians, women and children in particular, are at the centre of warfare and frequently fall victim to sexual violence in staggering numbers. The international community and the UN Security Council have established that gender crimes are part of the most serious of international crimes and should therefore be of great concern to the international community as a whole. In spite of this, international crimes involving sexual violence continue to be one of the most difficult crimes to prosecute.

    This blog will briefly discuss the international criminal prosecution of gender crimes by various international legal institutions.

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  • The ICC's 10th Anniversary

    Ten years ago, on 1 July 2002 the Rome Statute of the International Criminal Court (ICC) entered into force. At the moment there are 121 States Parties to the Rome Statute. The ICC is the first permanent international court for the prosecution of war crimes, crimes against humanity and genocide.

    What has been achieved by the Court since 2002?

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  • Cultucide in Timbuktu: Shari’a and War Crimes

    Last weekend the Islamist Group Ansar Eddine (“Defenders of the Faith”) destroyed some of the age-old mausolea of Sufi Saints in Timbuktu. Despite the fact that recently on June 28 2012, these mausolea were placed on the UNESCO List of World Heritage in Danger.

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  • The African Union and the International Criminal Court

    The handling of the ICC arrest warrant against the Sudanese President Omar al-Bashir continues to create major problems for the African Union. The planned attendance by Al-Bashir of the 19th AU Summit in Malawi coming July and the threat of the Malawi government to arrest him if he did attend has forced the African Union to move the summit to its headquarters in the Ethiopian capital of Addis Ababa.

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  • Judgment in the Trial of Former Liberian President Charles Taylor

    On Thursday 26 April, Trial Chamber II of the Special Court for Sierra Leone (SCSL) delivered its verdict in the case against Charles Taylor, former president of Liberia. Taylor was found criminally responsible of aiding and abetting rebel forces in the commission of 11 counts of war crimes, crimes against humanity and other serious violations of international humanitarian law in neighboring Sierra Leone during its civil war.

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  • The International Criminal Court Delivers Judgment on Child Soldiers

    On Wednesday 14 March, Trial Chamber I of the International Criminal Court (ICC) delivered it’s first verdict. In a unanimous decision three judges convicted Thomas Lubanga Dyilo of the war crimes of conscripting, enlisting, and using children under the age of 15 to participate actively in hostilities. With this judgment the ICC firmly establishes the use of children in armed conflict as an international crime and also focuses renewed attention on the many thousands of children still used in various other conflicts in the world.

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  • Eichmann Trial 50 years

    Lecture in the Peace Palace Library on the Eichmann trial, that took place 50 yeras ago.

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  • Ratko Mladić's arrest and the ICTY

    It was all over the news that Ratko Mladić, one of two remaining the International Criminal Tribunal for the Former Yugoslavia (ICTY) fugitives, was arrested on Thursday 26th of May in the village of Lazarevo, northern Serbia. After 16 years on the run, the arrest of this Colonel General, former Commander of the Main Staff [...]

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  • Libya and the International Criminal Court (ICC)

    On February 16th 2011- following a wave of uprisings throughout the Middle-East- Libya experienced a so-called Day of Rage which led to protests breaking out to challenge Colonel Muammar Qadhafi’s 41 year old iron rule- the region’s longest. This blog will briefly discuss the actions taken by the United Nations Security Council and the ICC in response to the unfolding humanitarian crisis in Libya.

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  • Dresden 1945 : an Allied War Crime?

    Since 1945, the bombing of Dresden is considered by many as a violation of international law and as a crime against humanity, even though positive rules of international humanitarian law were absent at the time. The Hague Conventions of 1899 and 1907, were among the first formal statements of the laws of war and war crimes in the nascent body of international law. However these conventions, adressing the codes of wartime conduct on land and at sea, were adopted before the rise of air power. Despite repeated diplomatic attempts (→ The Hague Rules of Air Warefare 1922/1923) to update international humanitarian law to include aerial warfare, it was not done before the outbreak of World War II. The absence of positive international humanitarian law does not mean that the laws of war did not cover aerial warfare, but there was no general agreement of how to interpret those laws.
    The aerial bombardment of Dresden does not only raise the question as to whether or not it was an Allied war crime, but it also makes a moral appeal to prevent total war against civilian populations. It’s memory is kept alive.

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  • Arabian leaders try to tackle tension in Lebanon

    King Abdullah of Saudi Arabia and Syrian President Bashar Assad visited Beirut on Friday 30th July in a show of unity before the Special Tribunal for Lebanon’s indictments in the 2005 assassination of former Lebanese Prime Minister Rafik Hariri. Lebanon’s president, prime minister and parliamentary speaker stood side by side to receive the heads of state as they descended from a Saudi jet onto a red carpet at Rafik Hariri International Airport. The visit appeared to be an attempt to quell anxiety in Lebanon that followed a speech last week by Sheik Hassan Nasrallah, the leader of the militant group Hezbollah, in which he denied links between his party and Hariri’s death.

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  • The First Review Conference of the ICC Statute & the Crime of Aggression Part II

    After two weeks of intense debates and years of preparatory work by the Special Working Group on the Crime of Aggression, the Review Conference of the Rome Statute adopted by consensus amendments to the Rome Statute which includes a definition of the Crime of Aggression and determined how the Court will exercise its jurisdiction over the crime.

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  • Suspension of Spain’s Investigating Judge Garzón

    On Friday, 14 May 2010, Spain’s General Council of the Judiciary in an emergency session decided to suspend National Court investigating judge Baltasar Garzón pending his trial for knowingly exceeding his jurisdiction by initiating an investigation into the crimes committed during the country’s civil war and the Franco regime, despite an existing amnesty law.

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  • The First Review of the ICC Statute and the Crime of Aggression

    From May 31st until June 11th 2010, state parties to the International Criminal Court (ICC) will meet in Kampala, Uganda for the first Review Conference of the Rome Statute. One of the most important issues on the agenda is the legal definition of the crime of aggression. This blog will discuss some of the legal complexities in finding an international consensus on the definition of this crime.

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  • New Institute for Counter-terrorism in the Hague

    Three Hague-based organizations, T.M.C. Asser Institute, the Centre for Terrorism and Counterterrorism of the University of Leiden/Campus Den Haag and the Dutch Institute for International Relations ‘Clingendael’, announced to join forces to set up an independent institute that will contribute to the study and policy-making in the field of counter-terrorism. The institute is financed by [...]

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  • ICTY Judgement in Florence Hartmann Case

    On Monday, 14 September, the Specially Appointed Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) convicted French journalist Florence Hartmann for contempt of the Tribunal (Case No. IT-02-54-R77.5, full Judgement [PDF], Judgement Summary [PDF]).

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  • ICC Issues Arrest Warrant for al-Bashir

    On Wednesday, 4 March, the Pre-Trial Chamber of the International Criminal Court (ICC) announced its decision to issue a warrant for the arrest of the Sudanese President, Omar Hassan al-Bashir, for crimes against humanity and war crimes (Read here Decision [PDF], Summary of the Decision [PDF], Arrest Warrant [PDF], and Press Release).

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  • Al-Bashir Arrest Warrant!

    On Thursday, 12 February, the International Criminal Court (ICC) informed the media that no decision had yet been taken by the Pre-Trial Chamber on last year’s application of Prosecutor Luis Moreno-Ocampo for an arrest warrant against the Sudanese President, Omar Hassan al-Bashir. The statement came in reaction to an article in the New York Times on Wednesday that the ICC had actually decided to issue the arrest warrant for al –Bashir.

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  • Impressions of the 60 years Genocide Convention

    Impressions of the 60 years Genocide Convention On Sunday 7 and Monday 8 December, The Center for Holocaust and Genocide Studies in Amsterdam, the Amsterdam Center for International Law and the Peace Palace Library organized a conference in The Hague to mark the 60th anniversary of the Genocide Convention. At the conference several legal [...]

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  • Genocide Convention at Sixty!

    The Genocide Convention at Sixty!
    In 1948 the UN General Assembly unanimously adopted the Convention on the Prevention and Punishment of the Crime of Genocide .
    To commemorate this fact: 1) A special issue of Case Western Reserve Journal of International law (Vol. 40, 2008, No. 1-2) and 2) two-day conference in The Hague in the Peace Palace

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  • Remembrance Slave Trade and its Abolition

    Saturday 23 August marks the UN nineth annual International Day for the Remembrance of the Slave Trade and its Abolition.

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  • Rwandan Genocide Report.

    A report published by President Paul Kagame’s government accuses France of complicity in Rwanda’s 1994 genocide, by supporting and training Hutu leaders and their militia carrying out the massacres that killed 800.000 people.

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  • Peace and Justice!

    On Thursday, 31 July, the United Nations Security Council adopted resolution 1828 (2008) renewing the mandate of UNAMID, the UN-African Union peacekeeping mission in Darfur, for another year (resolution [PDF] and meeting record S/PV.5947 [PDF]).

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  • Judgement of ICTY Trial Chamber in Contempt of Court Case

    On Thursday, 24 June, the Trial Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) convicted Kosovar journalist Baton Haxhiu for contempt of the Tribunal (Case No. IT-04-84-R77.5, judgement [PDF]).

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  • Karadžić located and arrested

    During the night of the 21st of July Radovan Karadžić was located and arrested by Serbian security officers.

    Radovan Karadžić is charged with genocide for the murder of close to 8,000 Bosnian Muslim men and boys in Srebrenica in 1995. The indictment alleges that Radovan Karadžić also committed genocide, persecutions and other crimes when forces under his command killed non-Serbs during and after attacks on towns throughout Bosnia and Herzegovina.

    The arrest of Radovan Karadžić was welcomed as a “milestone” by war crimes prosecutors of the International Criminal Tribunal for the former Yugoslavia [ICTY]in The Hague.

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  • Judgement of the ICTY Appeals Chamber in the 'Dubrovnik' Case

    On Thursday, 17 July, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) rendered its judgement [PDF document] on the appeals of both the Prosecution and the Defense against the conviction and sentence of the former Yugoslav People’s Army (JNA) General Pavle Strugar (Case No. IT-01-42-A).

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  • ICC Prosecutor Presents Second Case on Crimes in Darfur

    On Monday, 14 July, Prosecutor Luis Moreno-Ocampo of the International Criminal Court (ICC) filed an application for an arrest warrant and submitted to the Judges of the ICC Pre-Trial Chamber evidence of crimes of genocide, crimes against humanity and war crimes committed in Darfur by the Sudanese President, Omar Hassan al-Bashir (Read here the Application for warrant of arrest [PDF]).

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  • Tenth Anniversary Celebration of the Statute of Rome

    On 3 July 2008, the 10th anniversary of the Rome Statute [PDF]of the International Criminal Court was celebrated here, at Peace Palace in The Hague, in the presence of Her Royal Highness Princess Máxima of the Netherlands.
    The event started with speeches of Mr. Maxime Verhagen, Minister of Foreign Affairs of The Netherlands, [...]

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