By Kuc, Oktawian

Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination. This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.

New York; London: Routledge, 2022.

Edited by José A. Brandariz, Witold Klaus and Agnieszka Martynowicz   

Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations. The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe – from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes – Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of ‘justice’ behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals. With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship.

New York: London: Routledge, 2024. 227p.

By Kaman Maxine Clarke

Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of post-election violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

Durham, NC: Duke University Press, 2019. 384p.

Edited by Gerhard Werle and Andreas Zimmermann

The chapters in this book are reworkings of presentations given during a conference held in 2018 at the German Embassy to the Netherlands in The Hague on the occasion of the 20th anniversary of the adoption of the Rome Statute. They provide an in-depth analysis of major points of contention the International Criminal Court (ICC) is currently facing, such as, inter alia, head of state immunities, withdrawal from the Rome Statute, the exercise of jurisdiction vis-à-vis third-party nationals, the activation of the Court’s jurisdiction regarding the crime of aggression, as well as the relationship of the Court with both the Security Council and the African Union, all of which are issues that have a continued relevance and carry a particular controversy. The collection provides insights from both practitioners, including judges of the ICC, and diplomats who participated in the negotiations leading to the adoption of the Rome Statute, as well as well-known academics from various parts of the world working in the field of international criminal law. The aim of the book is not only to inform and stimulate academic debate on the topic, but also to serve as an instrument for lawyers involved in the practice of international criminal law.

Cham: Springer/T.M.C. Asser Press, 2019. 174p.

By Marijke Malsch

This work examines lay participation in the administration of justice and how it reflects certain democratic principles. An international comparative perspective is taken for exploring how lay people are involved in the trial of criminal cases in European countries and how this impacts on their perspectives of the national legal systems. Comparisons between countries are made regarding how and to what extent lay participation takes place. The relation between lay participation and the legal system's legitimacy is analyzed. The book presents the results of interviews with both professional judges and lay participants in a number of European countries regarding their views on the involvement of lay people in the legal system. The ways in which judges and lay people interact while trying cases are explored. The characteristics of both professional and lay judging of cases are examined.

London; New York: Routledge, 2009. 248p.

By William A. Schabas

The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.

Cambridge, UK; New York: Cambridge University Press, 2011. 594p.

By Andrew Nowak

This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.

Cham: Springer, 2015. 133p.

By Victor Tsilonis

The book provides a holistic examination of the jurisdiction of the International Criminal Court (ICC). The main focus is placed on the three pillars which form the ICC’s foundation pursuant to the Rome Statute: The preconditions to the exercise of its jurisdiction (Article 12 Rome Statute). The substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression). the principle of complementarity (Article 17§1 (a) Rome Statute). The latter governs the ICC's ‘ultimate jurisdiction’, since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution. Finally yet importantly, the main ‘negative preconditions’ for the Court’s jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature.

Cham: Springer, 2019. 283p.

By Errol P. Mendes

This text provides an analysis of the greatest challenge facing the International Criminal Court - a reconcilliation of the demands for justice for the most serious crimes known to humanity. The author argues that the Court is a product of centuries of efforts to reconcile peace with justice. The Court as offspring of centuries of peace with justice -- Is it peace or justice that ends the alleged first genocide of the 21st century? -- Is it peace, justice or a military solution in the tragedy of Northern Uganda? -- Reconciling peace with justice in the ICC through positive international complementarity -- The future of the Court : reassuring Africa, investigating Gaza, integrating America and seeking help from global finance.

Cheltenham, UK • Northampton, MA: Edward Elgar, 2010. 215p.

By Cenap Çakmak

This book offers a historical presentation of how international criminal law has evolved from a national setting to embodying a truly international outlook. As a growing part of international law this is an area that has attracted growing attention as a result of the mass atrocities and heinous crimes committed in different parts of the world. Çakmak pays particular attention to how the first permanent international criminal court was created and goes on to show how solutions developed to address international crimes have remained inadequate and failed to restore justice. Calling for a truly global approach as the only real solution to dealing with the most severe international crimes, this text will be of great interest to scholars of criminal justice, political science, and international relations.

Palgrave Macmillan, 2017. 305p.

By Yvonne Dutton

Dutton examines the ICC and whether and how its enforcement mechanism influences state membership and the court’s ability to realize treaty goals, examining questions such as:

• Why did states decide to create the ICC and design the institution with this uniquely strong enforcement mechanism?

• Will the ICC’s enforcement mechanism be sufficient to hold states accountable to their commitment so that the ICC can realize its goal of ending impunity for genocide, crimes against humanity, and war crimes?

• Will states view the ICC’s enforcement mechanism as a credible threat and refuse to join unless they already have good domestic human rights practices and institutions that are independent and capable of prosecuting human rights abuses?

• If states that most need to improve their domestic legal practices as relates to protecting against human rights abuses do not join the court, is there any hope that the threat of punishment by the ICC can play a role in bettering state’s human rights practices and deterring individuals from committing mass atrocities?

This work provides a significant contribution to the field, and will be of great interest to students and scholars of international law, international relations, international organizations and human rights.

Abingdon, Oxon; New York: Routledge, 2013. 216p.

By Sarah Babaian

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court’s strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute’s provisions and its practical implementation through States’ practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC’s judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

Cham: Springer, 2018. 216p.

By Farhad Malekian

The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity. Readership: This book offers a peaceful resolution into international justice for researchers, students, practicing lawyers, military personnel, governmental officials, diplomats, judges, and prosecutors. It constitutes a prized addition to university and public libraries.

Leiden; Boston: Brill Nijhoff, 2011. 476p.

By Alexandre Skander Galand

Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court’s exercise of jurisdiction over situations that concern nationals and territories of non-party States.

Leiden; Boston: Brill Nijhoff, 2018. 279p.

By Christopher Rudolph

Human rights advocates have long pressed for international institutions to prosecute crimes against humanity. With its global reach and mandate to investigate and prosecute some of the world's most severe crimes (genocide, war crimes, and crimes against humanity) the creation of the International Criminal Court in 2002 was hailed as a landmark event in the evolution of truly global society. Supporters argue that the ICC and other transnational tribunals will deter the commission of atrocities and contribute to global peace and stability, and they laud its independence and its potential to check the arbitrary use of power against the powerless. To better understand how international criminal courts function and determine their broader implications for global society, this book examines the factors that led to the creation and evolution of international criminal courts, the nature of the support for and opposition to such institutions, and how they function.

Ithaca, NY: Cornell University Press, 232p.

Edited by Neil Boister and Robert J. Currie

Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal.

The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law.

London: Routledge, 2015. 482p.

By John D. Ciorciari and Anne Heindel

More than thirty years after the fall of the Pol Pot regime, a UN-backed tribunal, fusing Cambodian and international law, procedure, and personnel, was established to try key Khmer Rouge officials for atrocities committed in the late 1970s. In this definitive scholarly treatment of the “Extraordinary Chambers in the Courts of Cambodia” (ECCC) from legal and political perspectives, John D. Ciorciari and Anne Heindel examine the ECCC’s institutional features, compare it to other hybrid and international criminal courts, evaluate its operations, and draw lessons for the future. Ciorciari and Heindel begin by discussing the political factors and historical contingencies that led the United Nations and Cambodian Government to create a hybrid tribunal with a number of unique features. Next, they examine the tribunal’s operations to date, focusing on how its institutional form has affected its various intended functions. They argue that many aspects of the ECCC’s judicial proceedings have been broadly consistent with international standards and that the Court’s in-country location has provided important benefits in terms of public outreach and victim participation. Nevertheless, the authors demonstrate that the ECCC’s complex, divided institutional structure and wrangling between national and international actors have slowed the proceedings, contributed to administrative irregularities, led to due process concerns, and jeopardized the Court’s public legitimacy and ability to leave a legacy of credible justice. Ciorciari and Heindel argue that the ECCC’s experiences reveal many of the challenges of managing a mass crimes process, especially in the context of a hybrid court. They conclude with recommendations on measures that can be taken to meet some of those challenges going forward.

Ann Arbor: University of Michigan Press, 2014. 462p.

By Paul Rexton Kan . Bruce E. Bechtol, Jr. and Robert M. Collins

North Koreas criminal conduct-smuggling, trafficking, and counterfeiting - is well known, but the organization directing it is understudied or overlooked. Policymakers, military leaders, and scholars may feel that they have a reasonable grasp on how and why North Korea is actively involved in criminal enterprises. However, unlike the other remaining communist states orphaned after the Cold War, or ordinary corrupt autocratic regimes, or criminally linked warlords and insurgent groups, North Korea practices a form of criminal sovereignty that is unique in the contemporary international security arena. North Korea uses state sovereignty to protect itself from external interference in its domestic affairs while dedicating a portion of its government to carrying out illicit international activities in defiance of international law and the domestic laws of numerous other nations. The proceeds of these activities are then used in a number of ways to sustain North Koreas existence and to enable other policies. For example, criminal proceeds are distributed to members of the North Korean elite including senior officers of the armed forces are used to support Kim Jong-ils personal life style and are invested in its military apparatus

Carlisle, PA: U.S. Army War College Press, 2010. 44p.

By Christian De Vos, Sara Kendall and Carsten Stahn.

The Politics and Practice of International Criminal Court Interventions.“This timely, perceptive book brings together leading scholars and practitioners to reflect on the field of international criminal justice through focusing on a singular institution: the International Criminal Court (ICC). Drawing on a range of experience, empirical work, and normative theory, it seeks to come to grips with a remarkable development – the creation of a permanent, international court meant to adjudicate mass crimes – through assessing the ICC’s work in practice, given now more than a decade of experience to explore. The ICC is a clear innovation in global governance. A relatively new legal institution, it was intended as an evident departure from past exceptional tribunals associated with particular conflicts. “

Cambridge University Press. (2015) 526 pages.