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An Introduction to the International Criminal Court. Fourth Edition

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.

The International Criminal Court: An Introduction

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.

The Jurisdiction of the International Criminal Court

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.

Peace and Justice at the International Criminal Court: A Court of Last Resort. First Edition

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.

A Brief History of International Criminal Law and International Criminal Court

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.

Rules, Politics, and the International Criminal Court: Committing to the Court

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.

The International Criminal Court – An International Criminal World Court?

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.

Principles of Islamic International Criminal Law

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.

UN Security Council Referrals to the International Criminal Court: Legal Nature, Effects and Limits

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.

Power and Principle: The Politics of International Criminal Courts

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.

Psychological Expertise in Court

Edited by Daniel A. Krauss and Joel D. Lieberman

"Expertise in Court: Perspectives on Testimony" is the second of a two-volume set on the "Psychology of the Courtroom". The authors, a renowned group of psychology and legal scholars, offer definitive coverage of the use of psychological expert testimony and evidence in a variety of legal contexts. They explore the controversies that surround it, from questions of its admissibility to its effects on eventual juror decisions. A wide range of topics are covered including system and estimator variables in eyewitness identification, expert testimony on psychological syndromes, the insanity defence and sexual harassment, how child sexual abuse is used by the courts, and recent research on false confessions. They also provide a comparative analysis exploring how different types of psychological expert testimony and evidence are used by different countries' legal systems. All the chapters conclude by making specific recommendations for how psychological research and information could be better utilized by courts around the world.

Abingtdon, Oxon; New York: Routledge, 2009. 204p.

Jury Psychology: Social Aspects of Trial Processes

Edited by Joel D. Lieberman and Daniel A. Krauss

This is the first volume of an important new two-volume work on the Psychology of the Courtroom. Taken together, the two volumes offer a definitive account of the problems created by or influencing courtroom procedure and trial outcome from a psychological perspective. Each volume is also designed to be consulted separately. In "Jury Psychology: Social Aspects of the Trial Processes" a highly respected group of scholars explore the influence of trial procedures on juror decision-making. A wide range of topics are covered including pretrial publicity and inadmissible evidence, jury selection, jury instruction, and death penalty cases, as well as decision-making in civil trials. In addition, a number of global issues are discussed, including procedural justice issues and theoretical models of juror decision-making. A consideration of methodological issues relevant to the study of juror behavior is provided. All of these topics are discussed from a psychological perspective. Throughout the volume the authors make recommendations for improving trial procedures where jurors are involved, and they discuss how the problems and potential solutions are relevant to courts around the world.

Abingdon, Oxon; New York: Routledge. 2009. 240p.

Mental Conditions Defences In The Criminal Law

By R. D. Mackay

Mental condition defences have been used in several high-profile and controversial criminal trials in recent years. indeed, mental abnormality is increasingly an important yet complex source of defence within the criminal trial process. The author offers a detailed critical analysis of those defences within the Criminal Law where the accused relies on some form of mental abnormality as a source of defence. Topics covered include: the defences of automatism, insanity, diminished responsibility, and infanticide; self-induced incapacity; and the doctrine of fault. It also includes a chapter on unfitness to plead, which although not a defence has been included because of its important relationship to mental disorder within the criminal process. Drawing upon a wide variety of legal, psychiatric, and philosophical sources, this is a timely contribution to a controversial and complex topic.

Oxford, UK; New York: Oxford University Press, 1996p. 278p.

Philosophy and the Criminal Law: Principle and Critique

Edited by Antony Duff

Five preeminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, reflecting deeper political and social conflicts

Cambridge, UK: Cambridge University Press, 1998. 272p.

Routledge Handbook of Transnational Criminal Law

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.

Positive Obligations in Criminal Law

By Andrew Ashworth

Written by Andrew Ashworth, a well-known expert in the field of criminal law, this book offers a set of essays, old and new, that examine the positive obligations of individuals and the State in matters of criminal law. The centerpiece is a new, extended essay on the criminalization of omissions - examining the duty to act that is imposed upon individuals and organizations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the State's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is Ashworth's much-cited essay on criminalization: Is the Criminal Law a Lost Cause? The book sheds new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the State.

Oxford, UK; Portland, OR: Hart Publishing, 2013. 233p.

Principles and Values in Criminal Law and Criminal Justice: Essays in honour of Andrew Ashworth

Edited by Julian V Roberts and Lucia Zedner

Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this collection brings together leading international scholars to explore questions of principle and value in criminal law and criminal justice. Internationally renowned for elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing, Ashworth's contribution to the field over forty years of scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest.

The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment.

Oxford, UK: Oxford University Press, 375p.

The Mind of the Criminal: The Role of Developmental Social Cognition in Criminal Defense Law

By Reid Griffith Fontaine

In American criminal law, if a defendant demonstrates that they lack certain psychological capabilities, they may be excused of blame and punishment for wrongdoing. However, criminal defense law often fails to consider the developmental science of individual differences in ability and functioning that may inform jurisprudential issues of rational capacity and responsibility in criminal law. This book discusses the excusing nature of a range of both traditional and nontraditional criminal law defenses and questions the structure of these defenses based on scientific findings from social and developmental psychology. This book explores how research on individual differences in the development of social perception, judgment, and decision making explain why some youths and adults develop psychological tendencies that favor criminal behavior, and considers how developmental science can guide the understanding of criminal excuses and affirmative defense law.

Cambridge, UK; New York: Cambridge University Press, 2012. 282p.

Criminal Attempts

By R.A. Duff

This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in criminal law theory and in the philosophy of action. By identifying the legal doctrines which courts and legislatures have developed or adopted, the author goes on to ask whether and how they can be rationalized or rendered persuasive. Such an approach involves paying detailed attention to cases. The book is also unusual in that it grapples with English, Scots and US law, showing great breadth of research as well as philosophical sophistication.

Oxford, UK: Oxford University Press, 1997, 448p.