Ratko Mladic Found Guilty

Mladic has been sentenced to life in prison. He is convicted of the massacre of more than 7,000 Bosniak men and boys at Srebrenica in 1995 and the siege of Sarajevo in which more than 10,000 people died. He faced 11 charges, including crimes against humanity, at the UN tribunal. The 74-year-old was removed from the courtroom shortly before the long-awaited sentence was read, after shouting at the judges. They had rejected a request by his lawyer to halt the proceedings on health grounds.
[number of readers: 646]Librarian's choice
A selection of relevant publications from the Peace Palace Library collection
International Criminal Law
Introduction
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 Guide is intended as a starting point for research in the field of International Criminal Law. It provides a selection of the legal materials available in the Peace Palace Library, both in print and electronic format. Manuals, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Bibliography section. There are also links to the PPL Catalogue inserted. The Library's systematic classification → International criminal law and the 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, the Research Guide features links to relevant websites and other online resources of particular interest.
Bibliography
Reference works
- Ambos, K., Treatise on International Criminal Law (3 vols), Oxford, Oxford University Press, 2013-.
- Boas, G. (et al.), International Criminal Procedure, Cambridge, Cambridge University Press, 2011.
- Brown, B.S. (ed.), Research Handbook on International Criminal Law (3rd ed.), Cheltenham, Elgar, 2011.
- Cassese, A. (et al.), Cassese's International Criminal Law (3rd ed.), Oxford, Oxford University Press, 2013.
- Cherif Bassiouni, M. (et al.) (eds.), Introduction to International Criminal Law (2nd rev. ed.), Leiden, Martinus Nijhoff Publishers, 2012.
- Cryer, R., An Introduction to International Criminal Law and Procedure (3rd ed.), Cambridge, Cambridge University Press, 2014.
- Dixon, R., and K.A.A. Kahn, Archbold : International Criminal Courts Practice, Procedure and Evidence (4th ed.), London, Sweet & Maxwell, 2013.
- Knoops, G.-J., An Introduction to the Law of International Criminal Tribunals: A Comparative Study (2nd ed.), Leiden, Brill Nijhoff, 2014.
- Malekian, F., Jurisprudence of international Criminal Justice, Newcastle upon Tyne : Cambridge Scholars Publishing, 2014.
- O’Keefe, R., International Criminal Law, Oxford, Oxford University Press, 2015.
- Safferling, C. (et al.) (eds.), International Criminal Procedure, Oxford, Oxford University Press, 2012.
- Schabas, W.A., International Criminal Law (3 vols) Cheltenham, Elgar, 2012.
- Sluiter, G. (et al.) (eds.), International Criminal Procedure: Principles and Rules, Oxford, Oxford University Press, 2013.
- Tochilovsky, V., The Law and Jurisprudence of the International Criminal Tribunals and Courts: Procedure and Human Rights Aspects (2nd ed.), Cambridge, Intersentia, 2014.
- Werle, G., and F. Jessberger, Principles of International Criminal Law (3rd ed.), Oxford, Oxford University Press, 2014.
Books
- Alamuddin, A., Jurdi, N. N. and Tolbert, D. (eds.), The Special Tribunal for Lebanon: Law and Practice, Oxford, Oxford University Press, 2014.
- Appazov, A., Expert Evidence and International Criminal Justice, Cham, Springer, 2016.
- Bachmann, K., Sparrow-Botero, T. and Lambertz, P., When Justice Meets Politics: Independence and Autonomy of Ad Hoc International Criminal Tribunals, Frankfurt am Main, Peter Lang, 2013.
- Banks, C. L. and Baker, J., Comparative, International and Global Justice: Perspectives from Criminology and Criminal Justice, Los Angeles, Sage, 2016.
- Benedetti, F., Bonneau, K. and Washburn, J. L., Negotiating the International Criminal Court: New York to Rome, 1994-1998, Leiden, Martinus Nijhoff Publishers, 2014.
- Bergsmo, M., Ling, C. W. and Ping, Y. (eds.), Historical Origins of International Criminal Law, Brussels, Torkel Opsahl Academic EPublisher, 2014, Volume 1, Volume 2, Volume 3 and Volume 4.
- Chamberlain Bolãnos, C., Children and the International Criminal Court: Analysis of the Rome Statute through a Children’s Rights Perspective, Cambridge, Intersentia, 2015.
- Ciorciari, J. D. and Heindel, A., Hybrid Justice: The Extraordinary Chambers in the Courts of Cambodia, Ann Arbor, The University of Michigan Press, 2014.
- Clark, J. N., International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the Former Yugoslavia, Abingdon, Routledge, 2014.
- Fichtelberg, A., Hybrid Tribunals: A Comparative Examination, New York, Springer, 2015.
- Fry, E. G., The Contours of International Prosecutions: As Defined by Facts, Charges, and Jurisdiction, The Hague, Eleven International Publishing, 2016.
- Grabert, A., Dynamic Interpretation in International Criminal Law: Striking a Balance between Stability and Change, München, Herbert Utz Verlag, 2015.
- Jain, N., Perpetrators and Accessories in International Criminal Law: Individual Modes of Responsibility for Collective Crimes, Oxford, Hart Publishing, 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.
- Kemp, G., Individual Criminal Liability for the International Crime of Aggression (2nd ed.), Cambridge, Intersentia, 2016.
- Klamberg, M., Evidence in International Criminal Trials: Confronting Legal Gaps and the Reconstruction of Disputed Events, Leiden, Nijhoff, 2013.
- Krabbe, M., Excusable Evil: An Analysis of Complete Defenses in International Criminal Law, Cambridge, Intersentia, 2014.
- McDermott, Y., Fairness in International Criminal Trials, Oxford, Oxford University Press, 2016.
- Meierhenrich, J. (ed.), Genocide: A Reader, New York, Oxford University Press, 2014.
- Minow, M., The First Global Prosecutor: Promise and Constraints, Ann Arbor, University of Michigan Press, 2015.
- Namakula. C. S., Language and the Right to Fair Hearing in International Criminal Trials, Cham, Springer, 2014.
- Novak, A., The International Criminal Court: An Introduction, Charm, Springer, 2015.
- Stahn, C. (ed.), The Law and Practice of the International Criminal Court, Oxford, Oxford University Press, 2015.
- Steinberg, R. H. (ed.), Contemporary Issues Facing the International Criminal Court, Leiden, Brill Nijhoff, 2016.
- Tochilovsky, V., The Law and Jurisprudence of the International Criminal Tribunals and Courts: Procedure and Human Rights Aspects, Cambridge, Intersentia, 2013.
Articles
- Anckarsäter, H. (et al.), “Mental Health and International Crimes”, in I. Bantekas and E. Mylonaki (eds.), Criminological Approaches to International Criminal Law, Cambridge, Cambridge University Press, 2014, pp. 263-286.
- Bernaz, N., “Corporate Criminal Liability under International Law: The New TV S.A.L. and Akhbar Beirut S.A.L. Cases at the Special Tribunal for Lebanon”, Journal of International Criminal Justice, 13 (2015), No. 2, pp. 313-330.
- Borda, A. Z., “How Do International Judges Approach Competing Precedent? An Analysis of the Practice of International Criminal Courts and Tribunals in Relation to Substantive Law”, International Criminal Law Review, 15 (2015), No. 1, pp. 124-146.
- Bufalini, A., “The Principle of Legality and the Role of Customary International Law in the Interpretation of the ICC Statute”, The Law and Practice of International Courts and Tribunals: A Practitioners’ Journal, 14 (2015), No. 2, pp. 233-254.
- Cimiotta, E., “The First Steps of the Extraordinary African Chambers: A New Mixed Criminal Tribunal”, Journal of International Criminal Justice, 13 (2015), No. 1, pp. 177-197.
- Clarke, K. M., “Refiguring the Perpetrator: Culpability, History and International Criminal Law’s Impunity Gap”, The International Journal of Human Rights, 19 (2015), No. 5, pp. 592-614.
- Combs, N. A., “Seeking Inconsistency: Advancing Pluralism in Criminal Sentencing”,Yale Journal of International Law, 41 (2016), No. 1, pp. 1-49.
- Davidson, C., “Explaining Inhumanity: The Use of Crime-Definition Experts at International Criminal Courts”, Vanderbilt Journal of Transnational Law, 48 (2015), No. 2, pp. 359-425.
- Ford, S., “The Complexity of International Criminal Trials is Necessary”, The George Washington International Law Review, 48 (2015), No. 1, pp. 151-201.
- Gil Gil, A., “Current Trends in the Definition of "Perpetrator" by the International Criminal Court: From the Decision on the Confirmation of Charges in the Lubanga Case to the Katanga Judgment”, Leiden Journal of International Law, 28 (2015), No. 2, pp. 349-371.
- Goetz, M., “Reparative Justice at the International Criminal Court: Best Practice or Tokenism?”, in J.-A.M. Wemmers (ed.), Reparation for Victims of Crimes against Humanity: The Healing Role of Reparation, London, Routledge, 2014, pp. 53-70.
- Groome, D., “Evidence in Cases of Mass Criminality”, in I. Bantekas and E. Mylonaki (eds.), Criminological Approaches to International Criminal Law, Cambridge, Cambridge University Press, 2014, pp. 117-158.
- Hale, K. and Cline, D., “Holding Collectives Accountable”, Criminal Law Forum, 25 (2014), No. 1-2, pp. 261-290.
- Hamilton, T., “Case Admissibility at the International Criminal Court”, The Law and Practice of International Courts and Tribunals: A Practitioners’ Journal, 14 (2015), No. 2, pp. 305-317.
- Jalloh, C.C., and A. Dibella, “Equality of Arms in International Criminal Law: Continuing Challenges”, in W.A. Schabas (et al.) (eds.), The Ashgate Research Companion to International Criminal Law, Farnham, Ashgate, 2013, pp. 251-287.
- Kelder, J. M., Holá, B. and Van Wijk, J., “Rehabilitation and Early Release of Perpetrators of International Crimes: A Case Study of the ICTY and ICTR”, International Criminal Law Review, 14 (2014), No. 6, pp. 1177-1203.
- Knoops, G. A., “Pursuing the ICC Crime of Aggression: Law or Politics?”, Justice, 56 (2015), pp. 26-33.
- Kyriakakis, J., “International Legal Personality, Collective Entities, and International Crimes”, in N. Gal-Or, C. Ryngaert and M. Noortmann (eds.), Responsibilities of the Non-State Actor in Armed Conflict and the Market Place: Theoretical Considerations and Empirical Findings, Leiden, Brill Nijhoff, 2015, pp. 79-104.
- Mohamad, R., “Access to International Justice: The Role of the International Criminal Court in Aiding National Prosecutions of International Crimes”, in P. Keyzer, V. Popovski and C. Sampford, Access to International Justice, London, Routledge, 2015, pp. 35-46.
- Nemane, V. V. and Gunjal, I. D., “Article 124 of the Rome Statute of the International Criminal Court: “Transitional Provision” or “The Right to (Convenient) Opt-out”", International Criminal Law Review, 15 (2015), No. 5, pp. 949-969.
- Post, H., “Reflections on the Future of International Criminal Law”, in K. Wellens (ed.), International Law in Silver Perspective: Challenges Ahead, Leiden, Brill Nijhoff, 2015, pp. 57-95.
- Roberts, P., “The Priority of Procedure and the Neglect of Evidence and Proof: Facing Facts in International Criminal Law”, Journal of International Criminal Justice, 13 (2015), No. 3, pp. 479-506.
- Rosenberg, S. P., “Audacity of Hope: International Criminal Law, Mass Atrocity Crimes, and Prevention”, in S. P. Rosenberg, T. Galis, A. Zucker, Reconstructing Atrocity Prevention, New York, NY, Cambridge University Press, pp. 151-174.
- Soufi, J. and Maurice, S., “Structure, Functions and Initial Achievements of the Mechanism for International Criminal Tribunals”, International Criminal Law Review, 15 (2015), No. 3, pp. 544-564.
- Werle, G. and Burghardt, B., “Establishing Degrees of Responsibility: Modes of Participation in Article 25 of the ICC Statute”, in E. Van Sliedregt and S. Vasiliev, Pluralism in International Criminal Law, Oxford, Oxford University Press, 2014, pp. 301-319.
Documents
- Cassese, A., D. Scalia and V. Thalmann, Les grands arrêts de droit international pénal, Paris, Dalloz, 2010.
- Cassese, A. (et al.), International Criminal Law: Cases and Commentary, London, Oxford University Press, 2011.
- Boister, N., and R. Cryer (eds.), Documents on the Tokyo International Military Tribunal: Charter, Indictment and Judgments, Oxford, Oxford University Press, 2008.
- De Hert, P. (et al.) (eds.), Code of International Criminal Law and Procedure, Bruxelles, Larcier, 2013.
- International Courts Association, International Courts and Tribunals Cases Series, The Hague, ICA Press, 2011-.
- Jalloh, C.C. (ed.), The Law Reports of the Special Court for Sierra Leone (2 vols), Leiden, Nijhoff, 2012.
- Kaye, D. (et al.), The Council and the Court: Improving Security Council Support of the International Criminal Court, Report, Irvine, CA, University of California, School of Law, May 2013. [PDF]
- Klip, A., and G. Sluiter/S. Freeland (eds.), Annotated Leading Cases of International Criminal Tribunals, Cambridge, Intersentia, 1999 - ... .
- Laucci, C., Digest of Jurisprudence of the Special Court for Sierra Leone 2003 – 2005, Leiden, Martinus Nijhoff, 2007.
- Liechtenstein Permanent Mission to the UN (et al.), Handbook Ratification and Implementation of the Kampala Amendments to the Rome Statute of the ICC: Crime of Aggression, War crimes, Princeton, NJ, Liechtenstein Institute on Self-Determination, 2012. [PDF]
- Malcolm, H. (ed.), The International Criminal Law Reports, London : Cameron May, 2000 - ... .
- Paust, J.J. (et al.), International Criminal Law: Cases and Materials (4th ed.), Durham, NC, Carolina Academic Press, (forthcoming May 2013).
- Pritchard, R.J. (ed.), The Tokyo Major War Crimes Trial: The Records of the International Military Tribunal for the Far East (124 vols.), Lewiston, NY, Edwin Mellen Press, 1998-2005.
- 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.
- Triffterer, O. (ed.), Commentary on the Rome Statute of the International Criminal Court: Observers' Notes, Article by Article, München/Oxford, Beck/Hart, 2008.
- Wise, E.M., E.S. Podgor and R.S. Clark, International Criminal Law: Cases and Materials (3rd ed.), New Providence, NJ, LexisNexis, 2009.
Periodicals and Serial Publications
- African Journal of International Criminal Justice: Table of Contents
- Criminal Law Forum: Table of Contents
- Gender Report Card on the International Criminal Court: Gender Report Card 2014
- Genocide Studies and Prevention: An International Journal: Table of Contents
- Genocide Studies International: Table of Contents
- Hague Justice Journal (Publication ceased in 2010)
- International Criminal Law Review: Table of Contents
- International Journal of Transitional Justice: Table of Contents
- Journal of International Criminal Justice: Table of Contents
- Journal of Genocide Research: Table of Contents
- Revue Internationale de Droit Pénal: Table of Contents
- War Crimes Prosecution Watch (newsletter): Issues
- WCRO Reports on Early Issues before the International Criminal Court
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]
- Special Tribunal for Lebanon, Selected Bibliography on the Special Tribunal for Lebanon, Leidschendam, Special Tribunal for Lebanon, 2014.
- United Nations Mechanism for International Criminal Tribunals (MICT), Special Bibliography on ICTR, Arusha, MICT Legal Library, 2014.
Systematic classification → International criminal law
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.
Keywords: Aggression, International criminal justice,
2. Crimes Against Peace in Nuremberg
Keywords: Peace, International criminal justice,
3. Back to the ILC's Legislative History: Code of Crimes Against the Peace and Security of Mankind
Keywords: International Law Commission, International criminal justice,
Keywords: Security Council, International Criminal Court, Aggression, International crimes, International criminal justice,
Keywords: Aggression, International crimes, International criminal justice,
6. Manifest Violation of the UN Charter
Keywords: United Nations, Charter of the United Nations (San Francisco, 26 June 1945), Aggression, International crimes, International criminal justice,
7. The Understandings to the Rome Statute's Crime of Aggression
Keywords: Rome Statute (Rome, 17 July 1998), Aggression, International crimes, International criminal justice,
8. The Kampala Agreement on Crime of Aggression and Responsibility for Cyber Attacks
Keywords: Cyberwarfare, Aggression, International crimes, International criminal justice,
9. Jus Cogens and the Question of Criteria for Its Determination
Keywords: Ius cogens, International crimes,
10. The Human Dimension of the ICC's Complementarity Regime
Keywords: International Criminal Court, Complementary jurisdiction, Human rights, International criminal justice,
11. Gaps in the Legal Regime of Interstate Cooperation in Prosecuting Crimes under International Law
Keywords: Prosecution, International crimes, International co-operation,
Keywords: International Criminal Tribunal for Rwanda, International Criminal Tribunal for the Former Yugoslavia, International Criminal Court, Sex crimes, Rape, Genocide, International criminal law,
13. The Role of Peacekeeping Operations in International Criminal Justice
Keywords: United Nations, Security Council, Peacekeeping, International Criminal Court, International criminal justice,
Keywords: Criminal law, Associations, International Criminal Court, International criminal justice, History,
Keywords: Criminal law, Associations, International Criminal Court, International criminal justice, History,
Librarian's choice
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Borch, F.L., Military Trials of War Criminals in the Netherlands East Indies 1946-1949, Oxford, Oxford University Press, 2017. Showcase item
From 1946 to 1949, the Dutch prosecuted more than 1000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II. They also prosecuted a small number of Dutch citizens for collaborating with their Japanese occupiers. The war crimes committed by the Japanese against military personnel and civilians in the East Indies were horrific, and included mass murder, murder, torture, mistreatment of prisoners of war, and enforced prostitution. Beginning in 1946, the Dutch convened military tribunals in various locations in the East Indies to hear the evidence of these atrocities and imposed sentences ranging from months and years to death; some 25 percent of those convicted were executed for their crimes. The difficulty arising out of gathering evidence and conducting the trials was exacerbated by the on-going guerrilla war between Dutch authorities and Indonesian revolutionaries and in fact the trials ended abruptly in 1949 when 300 years of Dutch colonial rule ended and Indonesia gained its independence. Until the author began examining and analysing the records of trial from these cases, no English language scholar had published a comprehensive study of these war crimes trials. While the author looks at the war crimes prosecutions of the Japanese in detail this book also breaks new ground in exploring the prosecutions of Dutch citizens alleged to have collaborated with their Japanese occupiers. Anyone with a general interest in World War II and the war in the Pacific, or a specific interest in war crimes and international law, will be interested in this book.
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Plesch, D., Human Rights after Hitler: the Lost History of Prosecuting Axis War Crimes, Washington, DC, Georgetown University Press, 2017. Showcase item
Human Rights after Hitler reveals thousands of forgotten US and Allied war crimes prosecutions against Hitler and other Axis war criminals based on a popular movement for justice that stretched from Poland to the Pacific. These cases provide a great foundation for twenty-first-century human rights and accompany the achievements of the Nuremberg trials and postwar conventions. They include indictments of perpetrators of the Holocaust made while the death camps were still operating, which confounds the conventional wisdom that there was no official Allied response to the Holocaust at the time. This history also brings long overdue credit to the United Nations War Crimes Commission (UNWCC), which operated during and after World War II. From the 1940s until a recent lobbying effort by Plesch and colleagues, the UNWCC's files were kept out of public view in the UN archives under pressure from the US government. The book answers why the commission and its files were closed and reveals that the lost precedents set by these cases have enormous practical utility for prosecuting war crimes today. They cover US and Allied prosecutions of torture, including "water treatment," wartime sexual assault, and crimes by foot soldiers who were "just following orders." Plesch's book will fascinate anyone with an interest in the history of the Second World War as well as provide ground-breaking revelations for historians and human rights practitioners alike.
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Bergsmo, M., Rackwitz, K. and Tianying, S. (eds.), Historical Origins of International Criminal Law, Brussels, Torkel Opsahl Academic EPublisher, 2017.
Editors' Preface:"This book seeks to make two contributions. First, the development of national capacity to investigate and prosecute core international crimes–genocide, crimes against humanity, war crimes and aggression–will continue for several decades into the future. (...) The book has been organised in four autonomous parts:Part I contains 41 individual expert opinions on investigations, prosecutions and questions of management, staffing and operations;Part II has three reports produced by groups of experts;Part III concerns the draft Code of Conduct and Regulations of the Office of the Prosecutor;Part IV explains some aspects of its first budget.(...) The second contribution we seek to make with this book is to open up this interesting interregnum to analysis and research, based on sound facts chronicled by first-hand materials. As such, the book contributes towards the institutional history of the ICC Office of the Prosecutor at the time of its birth. It is for this reason that the book appears as Volume 5 of Historical Origins of International Criminal Law." -
Zeegers, K., International Criminal Tribunals and Human Rights Law: Adherence and Contextualization, The Hague, Asser Press, 2016.
This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as humanrights defenders. At the same time, however, they employ activities that necessarilyentail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs’ relationship with international human rights law, and focuses on the ICTs’own interpretation and application of human rights norms.
Firstly, the book addresses whether and how ICTs are bound by human rights law, since unlike states they do not sign or ratify human rights conventions. Secondly, the book provides an in-depth analysis of the way in which ICTs interpret and apply human rights norms, compared to the way in which these norms are interpreted in a traditional state-context. Relying on the unique circumstances in which they operate, ICTs have often deviated from generally accepted interpretations of human rights. The author critically examines this so-called contextual approach and seeks to recommend ways in which ICTs can improve their interpretative practice by giving due regard to the context in which they operate, while still providing adequate human rights protection. -
Bergsmo, M., Ling, C. W. and Ping, Y. (eds.), Historical Origins of International Criminal Law, Volume I, Brussels, Torkel Opsahl Academic EPublisher, 2014
The historical origins of international criminal law go beyond the key trials of Nuremberg and Tokyo but remain a topic that has not received comprehensive and systematic treatment. This anthology aims to address this lacuna by examining trials, proceedings, legal instruments and publications that may be said to be the building blocks of contemporary international criminal law. It aspires to generate new knowledge, broaden the common hinterland to international criminal law, and further consolidate this relatively young discipline of international law. The anthology and research project also seek to question our fundamental assumptions of international criminal law by going beyond the geographical, cultural, and temporal limits set by the traditional narratives of its history, and by questioning the roots of its substance, process, and institutions. Ultimately, we hope to raise awareness and generate further discussion about the historical and intellectual origins of international criminal law and its social function. The contributions to the three volumes of this study bring together experts with different professional and disciplinary expertise, from diverse continents and legal traditions.
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O’Keefe, R., International Criminal Law, Oxford, Oxford University Press, 2015
International Criminal Law provides a comprehensive overview of an increasingly integral part of public international law. It complements the usual accounts of the substantive law of those international crimes tried to date before international criminal courts and of the institutional law of those courts with in-depth analyses of fundamental formal juridical concepts such as an 'international crime' and an 'international criminal court'; with detailed examinations of the many international crimes provided for by way of multilateral treaty and of the attendant obligations and rights of states parties; and with sustained attention to the implementation of international criminal law at the national level. Direct, concise, and precise, International Criminal Law should prove a valuable resource for scholars and practitioners of the discipline of international criminal law.
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Fichtelberg, A., Hybrid Tribunals: A Comparative Examination, New York, Springer, 2015
This book examines hybrid tribunals created in Sierra Leone, Kosovo, Cambodia, East Timor, and Lebanon, in terms of their origins (the political and social forces that led to their creation), the legal regimes that they used, their various institutional structures, and the challenges that they faced during their operations. Through this study, the author looks at both their successes and their shortcomings, and presents recommendations for the formation of future hybrid tribunals. Hybrid tribunals are a form of the international justice where the judicial responsibility is shared between the international community and the local state where they function. These tribunals represent an important bridge between traditional international courts like the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and various local justice systems. Because hybrid tribunals are developed in response to large-scale atrocities, these courts are properly considered part of the international criminal justice system. This feature gives hybrid tribunals the accountability and legitimacy often lost in local justice systems; however, by including regional courtroom procedures and personnel, they are integrated into the local justice system in a way that allows a society to deal with its criminals on its own terms, at least in part. This unique volume combines historical and legal analyses of these hybrid tribunals, placing them within a larger historical, political, and legal context. It will be of interest to researchers in Criminal Justice, International Studies, International Law, and related fields.
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Stahn, C. (ed.), The Law and Practice of the International Criminal Court, Oxford, Oxford University Press, 2015
The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.
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Cryer, R., An Introduction to International Criminal Law and Procedure (3rd ed.), Cambridge, Cambridge University Press, 2014
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.
Database
- Annotated Leading Cases of International Criminal Tribunals, Intersentia.
Commentary by renowned experts on full-text cases by International(ized) Criminal Tribunals - Cambodia Genocide Program, MacMillan Center for International and Area Studies, Yale University
- Cambodia Tribunal Monitor
- CMN Knowledge Hub, Case Matrix Network
- Commentary on the Law of the International Criminal Court, Case Matrix Network
- Criminal Law and Procedure: Lecture Series, United Nations Audiovisual Library of International Law
- Electronic Information System for International Law: International Criminal Law, American Society of International Law
- ICTR Basic Documents and Case Law Database, International Criminal Tribunal for Rwanda
- International Courts & Tribunals Collection, World Legal Information Institute
- International Crimes Database, T.M.C. Asser Instituut
- International Criminal Court Legal Tools Database
- International Criminal Justice Programme, Southern Africa Litigation Centre
- International Criminal Law (Access through PPL Database), Oxford Reports on International Law
- The International Military Tribunal for Germany: Contents of The Nuremberg Trials Collection, Yale Law School: The Avalon Project
- The International Military Tribunal for the Far East: Judgment, HyperWar
- Law Reports of Trials of War Criminals (Selected and Prepared by the United Nations War Crimes Commission), Library of Congress: Military Legal Resources
- MICT/ICTR/ICTY Case Law Database, United Nations Mechanism for International Criminal Tribunals
- Multinational Report: Crimes Against Humanity Statutes and Criminal Code Provisions, Law Library of Congress: Legal Reports
- Nuremberg Trials, Library of Congress: Military Legal Resources
- Nuremberg Trials Project: A Digital Document Collection, Harvard Law School Library
- Saddam Hussein Trial, Library of Congress
- The Trial of Adolf Eichmann, Nizkor Project
- The Trial of Hissène Habré, Human Rights Watch
- UNICRI Training and E-Learning Portal, United Nations Interregional Crime and Justice Research Institute
- United Nations War Crimes Commission Project: UNWCC Documents, Centre for International Studies and Diplomacy
- War Crimes Research Office, American University Washington College of Law
Relevant PPL-keywords for further research
- Bosnia and Herzegovina
- Genocide
- International criminal law
- International Criminal Tribunal for the former Yugoslavia
- War