- Publication: International Judicial Integration and Fragmentation
This book asks whether the growing number of international judicial bodies renders decisions that are largely consistent with one another, which factors influence this (in)consistency, and what this tells us about the development of international law by international courts and tribunals.
It answers these questions by focusing on three areas of law, genocide, immunities, and the use of force, as in each of these areas different international judicial entities have dealt with cases stemming from the same situation and set of facts.
The work focuses on four main courts: the International Court of Justice (ICJ), the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), which often interpret, apply, and develop the same legal principles, despite their different mandates and functions.
It argues that judicial fragmentation is damaging to the international legal system, as coherent and compatible pronouncements on the law by international courts are vital to retaining the confidence of the international community. Ultimately, the book makes a plea for the importance of judicial integration for the stability and reliability of the international legal system.
If you wish to order it, click here.
- New Report on UN Security Council and the ICC
The UC Irvine School of Law International Justice Clinic has just released The Council and the Court: Improving Security Council Support of the International Criminal Court, a report designed to answer critical questions about how the UN Security Council may improve its support of the International Criminal Court (ICC): What steps may be taken to convert the rhetorical and political support of the Council to concrete measures supporting Court activities? How may supporters build lasting support for the Court on the Council? How can strong support be developed without compromising the ICC’s independence? What kind of efforts might be helpful to build lasting support in perceived-to-be reluctant capitals, especially Beijing and Moscow?
The result of a project supported by Humanity United, and involving a collaboration with the UCLA Burkle Center for International Relations, The Council and the Court explores the relationship between the two institutions and offers proposals to build a sustainable relationship between them, one that is sensitive to the Court’s mandates of accountability and independence and the Council’s mandate of maintaining international peace and security. It addresses factors that animate the Council’s relationship with the Court, highlighting legal, political, and diplomatic dynamics that shape support for the Court on the Security Council. It offers principles that should govern the Council-Court relationship, steps the Council and others may adopt to improve the Council’s support of the Court, and recommendations to engage China and Russia in developing a sustainable relationship between the institutions of security and justice.
- Publication: The Ashgate Research Companion to International Criminal Law
International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm.
The Ashgate Research Companion to International Criminal Law takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals.
The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future.
The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused.
The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context.
The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law.
iLawyer Wayne Jordash wrote a chapter entitled: “Joint criminal enterprise liability: result orientated justice”. It involves an analysis of the application of Joint Criminal Enterprise at the International Criminal Tribunal for the Former Yugoslavia since the Appeals Chamber in Brdanin in 2007 pronounced that there was no risk of attributing guilt by association providing that the contours of the criminal purpose was defined in the indictment and the elements found proven beyond a reasonable doubt.
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- HRRP Newsletter No. 3
The Human Rights Review Panel (HRRP) has recently issued its latest newsletter covering the period February to April 2013.
HRRP Newsletter no. 3 covers the conclusions of the 15th regular session of the Panel held in Pristina earlier this month. The newsletter also addresses the Meeting with the EULEX Head of Mission, appointment of new members and the public outreach campaign developed by the Panel.
For newsletter subscriptions, please send an email to the HRRP Secretariat.
- New Titles in International Criminal Law from Oxford University Press
New titles and discount offer by Oxford University Press.