By Catherine Heard and Helen Fair

This report presents our research on the use of pre-trial imprisonment in ten contrasting jurisdictions: Kenya, South Africa, Brazil, the United States of America, India, Thailand, England & Wales, Hungary, the Netherlands and Australia. A key objective of the research is to learn from disparities in the use of pre-trial imprisonment across the ten countries and to identify transferable lessons about how to prevent its misuse.  

London: Institute for Crime & Justice Policy Research, 2019. 52p.

By Catherine Heard and Jessica Jacobson

In all countries across the globe, the prison sentence is a primary means by which the state censures and seeks to contain behaviours deemed illegal. States vary widely in terms of which types of illegal conduct are deemed to merit custody rather than non-custodial sanctions, and the lengths of prison terms imposed for conduct that does cross the custody threshold. Accordingly, people who are convicted in relation to similar conduct may receive widely differing penalties, depending on the country in which they are convicted and sentenced. This report examines the extent and nature of international disparities in custodial sentencing. It is the fourth in a series of research reports produced under the banner of ICPR’s international, comparative project, ‘Understanding and reducing the use of imprisonment in ten countries’, launched in 2017. The ten jurisdictions which are the focus of this research span all five continents: Kenya, South Africa, Brazil, the USA (and more specifically, New York State), India, Thailand, England and Wales, Hungary, the Netherlands, and Australia (more specifically, New South Wales). On the basis of legal and policy analysis and interviews with 70 legal practitioners across the ten jurisdictions, the report outlines the sentencing frameworks and probable sentencing outcomes for three hypothetical offences: a domestic burglary by a man with previous convictions for similar offences; drug importation (400 grams of heroin or cocaine) by a woman from a less developed country; and the intentional homicide, involving a knife, of one young man by another.

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  Each offence presents distinct policy challenges for sentencing law and practice, and each offers lessons for reform aimed at curbing the relentless rise in prisoner numbers seen in much of the world in recent decades. The emerging lessons for sentencing reform, and a series of high-level policy recommendations, are presented with reference to the broad themes of: • The role of previous convictions in sentencing – rationales and repercussions • The vexed and persistent problem of short prison sentences • Drugs policies and the scope for alternatives to harsh sentencing of drug offences • The meaning and implications of life sentences • Approaches to the sentencing of murder.  

London: Institute for Crime & Justice Policy Research, 2021. 26p.

By Gina Jurva

In 2020, the United States judicial system faced unprecedented challenges as it was required to quickly adapt to an ever-evolving virus, new health mandates, and court closures, all while ensuring that litigants had access to the court system. People are entitled to their day in court, as they say, and this has been no easy feat. Where there is a challenge, however, there is also opportunity. Judges, court staff, and attorneys have risen to the occasion, finding new and innovative ways to keep the daily operations of civil and criminal court moving. In this “new normal”, courts used short- and long-term solutions to ensure that the public has continuous access to the U.S. justice system, while also reducing the danger to public health and maintaining safety. However, these solutions still didn’t meet all the needs to ensure access to justice and elimination of backlogs. As a result, we saw an increased reliance on technology in almost all aspects of court proceedings, from virtual or remote pre-trial hearings to remote jury selection and even digital evidence sharing. Many judges found this to be challenging, but many also embraced the opportunity to act as a salve against further case backlogs. While many courts relied on social distancing and were involved in some aspect of remote hearings, they now plan to continue to do so in hybrid-fashion into the future, whether by using social media and remote meeting tools like Zoom, YouTube, Microsoft TEAMS and even Facebook Live.  

Toronto: Thomson Reuters, 2021. 12p.

By John F. MacLeod, Peter G. Grove, and David P. Farrington

Explaining Criminal Careers presents a simple quantitative theory of crime, conviction and reconviction, the assumptions of the theory are derived directly from a detailed analysis of cohort samples drawn from the “UK Home Office” Offenders Index (OI). Mathematical models based on the theory, together with population trends, are used to make: exact quantitative predictions of features of criminal careers; aggregate crime levels; the prison population; and to explain the age-crime curve, alternative explanations are shown not to be supported by the data. Previous research is reviewed, clearly identifying the foundations of the current work. Using graphical techniques to identify mathematical regularities in the data, recidivism (risk) and frequency (rate) of conviction are analysed and modelled. These models are brought together to identify three categories of offender: high-risk / high-rate, high-risk / low-rate and low-risk / low-rate. The theory is shown to rest on just 6 basic assumptions. Within this theoretical framework the seriousness of offending, specialisation or versatility in offence types and the psychological characteristics of offenders are all explored suggesting that the most serious offenders are a random sample from the risk/rate categories but that those with custody later in their careers are predominantly high-risk/high-rate. In general offenders are shown to be versatile rather than specialist and can be categorised using psychological profiles. The policy implications are drawn out highlighting the importance of conviction in desistance from crime and the absence of any…..

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  additional deterrence effect of imprisonment. The use of the theory in evaluation of interventions is demonstrated.

Oxford, UK; New York: Oxford University Press, 2021. 273p.

 Edited by: Sinclair Dinnen , Anita Jowitt, Tess Newton

With their rich traditions of conflict resolution and peacemaking, the Pacific Islands provide a fertile environment for developing new approaches to crime and conflict. Interactions between formal justice systems and informal methods of dispute resolution contain useful insights for policy makers and others interested in socially attuned resolutions to the problems of order that are found increasingly in the Pacific Islands as elsewhere. Contributors to this volume include Pacific Islanders from Vanuatu, Fiji, the Solomon Islands, Papua New Guinea including Bougainville, as well as outsiders with a longstanding interest in the region. They come from a variety of backgrounds and include criminal justice practitioners, scholars, traditional leaders and community activists. The chapters deal with conflict in a variety of contexts, from interpersonal disputes within communities to large-scale conflicts between communities. This is a book not only of stories but also of practical models that combine different traditions in creative ways and that offer the prospect of building more sustainable resolutions to crime and conflict.

Canberra: ANU Press, 2010. 324p.

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.

Edited  by The United Nations  

Seventy Years of the International Law Commission: Drawing a Balance for the Future brings together voices from academia and practice to celebrate and critically evaluate the work of the United Nations International Law Commission (ILC) over the past seventy years. The edited volume draws on the events commemorating the seventieth anniversary of the Commission, which took place in New York and Geneva in May and July 2018. At a time when multilateral law-making has become increasingly challenging, the edited volume appraises the role of one the most important driving forces behind the codification of international law and discusses the ILC’s future contribution to the development of international law. Readership: The prospective readership of the edited volume will be very diverse, including academics and practitioners of international law around the world.

Leiden; Boston: Brill Nijhoff,  2021. 475p.

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 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.

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.