On July 17, 2018, starting an unjust war became a prosecutable international crime alongside genocide, crimes against humanity, and war crimes. Instead of collective state responsibility, our leaders are now personally subject to indictment for crimes of aggression, from invasions and preemptions to drone strikes and cyberattacks. The Crime of Aggression is Noah Weisbord's riveting insider's account of the high-stakes legal fight to enact this historic legislation and hold politicians accountable for the wars they start. Weisbord, a key drafter of the law for the International Criminal Court, takes readers behind the scenes of one of the most consequential legal dramas in modern international diplomacy. Drawing on in-depth interviews and his own invaluable insights, he sheds critical light on the motivations of the prosecutors, diplomats, and military strategists who championed the fledgling prohibition on unjust war--and those who tried to sink it. He untangles the complex history behind the measure, tracing how the crime of aggression was born at the Nuremberg trials only to fall dormant during the Cold War, and he draws lessons from such pivotal events as the collapse of the League of Nations, the rise of the United Nations, September 11, and the war on terror.
International Criminal Law by Roger O'KeefeInternational criminal law has seen significant developments in recent years, as the jurisprudence of the International Criminal Court has expanded, alongside the practice of other international criminal tribunals. International criminal law is increasingly a concern of domestic courts aswell, with international legal issues arising from domestic cases. This book presents a comprehensive overview of the field, assessing the subject in the context of wider public international law. In particular, this book complements discussion of the "core crimes" of genocide, crimes againsthumanity, and war crimes, with a full treatment of wider issues that arise. These include the international rules governing national criminal jurisdiction; the crime of piracy; the raft of multilateral treaties defining and creating obligations in respect of international crimes, including terroristcrimes, and of the so-far unsuccessful attempts to conclude a comprehensive convention on terrorism; the prosecution and punishment of international crimes at the national level; and the activities of the United Nations Security Council in relation to international crimes.This book provides an in-depth study of the ways in which domestic courts prosecute international crimes. Its analysis encompasses the international rules on the permissible reach of national criminal jurisdiction; the substantive law of international crimes; the prosecution and punishment ofinternational crimes, and the prosecution and punishment of municipal crimes by international criminal courts or by municipal courts with international elements; and the involvement of international organs, such as the United Nations Security Council, in the suppression of international andmunicipal criminal wrongdoing. The book also includes more formal conceptual analysis of the very notion of an "international crime" and of an "international criminal tribunal", as well as a detailed account of the rise of individual criminal responsibility under international law. The book iswritten in a direct, concise, and precise style, making it a perfect resource for ICL practitioners, as well as scholars and advanced students.
Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs.
The Oxford Handbook of International Criminal Law by Kevin Heller (Editor); Sarah Nouwen (Editor); Jens Ohlin (Editor); Darryl Robinson; Frederic Megret (Editor)In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes ofliability and defences, and the role of states in prosecuting international crimes.The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbookcome from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentallyalter how international criminal law is understood.
Call Number: ebook
Publication Date: 2020
Principles of International Criminal Law by Gerhard Werle; Florian JessbergerThis book is one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates the work with developments in international criminal justice since 2014.
This interdisciplinary, up-to-date guide covers all the major areas of transnational crime, including terrorism, money laundering, environmental crime, migration-related crime, human trafficking, drug trafficking, cybercrime and heritage crime. Each sector is examined through three dedicated chapters that consider in turn legal responses to a given crime, its current criminological understanding, and the practical challenges of policing and prosecution. It also includes chapters on responses to transnational crime in specific regions, including the EU, the African Union, Asia, South America and ex-Soviet Union countries.