Contextual Foundations Of International Criminal Jurisprudence Selected Cases An Insiders Perspective

Several books have been written on the Rwandan Genocide and the Sierra Leonean civil war. None has yet examined in its own right the various contexts and foundations on which the jurisprudence of tribunals set up by the international community to try perpetrators of the international crimes committed in the territories of the two countries was developed. This book fills that void. The two tribunals have had their successes and failures, with the international tribunal for Rwanda singled out for the most poignant criticism for prosecuting only perpetrators from one side only of the conflict. In this context, the criticism that it is victors' justice can hardly be shaken off. The jurisprudence developed in trials that are tainted with an accusation as serious as this may be read with jaundiced eyes. Yet it has contributed to the development of international law generally although the judgment of history on it will almost always be harsh because of its discriminatory and selective foundation. Obviously, most of the jurisprudence will not be stare decisis because of the complex nature of the cases and the political motivations that sometimes influenced the proceedings. There can hardly be any gainsaying that although the nature of the crimes may be similar, no two conflicts can be the same. Each comes with its specificity. This specificity and several political economic and socio-cultural factors significantly influence the course of the judicial proceedings before the courts set up to prosecute crimes perpetrated in the confl icts and the jurisprudence developed in those proceedings. This book brings to the attention of the reader some of the evidentiary and contextual foundations on which the jurisprudence in the two courts was established. The jurisprudence without doubt will shape the course of the human history in ways unimagined as it is cited in cases that will come for determination before other international tribunals. Understanding the contextual foundations on which the jurisprudence was established will greatly contribute to the certainty of its application and with it that of the law. The author's is a modest yet noble and salutary contribution to international criminal jurisprudence coming at the heels of the scaling down of the tribunals and the start of the residual mechanisms for both the ICTR and the SCSL. The book is highly recommended to all persons from all walks of life; including victims who sometime wondered how these tribunals worked and the legal and factual foundations underlying established jurisprudence.

Several books have been written on the Rwandan Genocide and the Sierra Leonean civil war. None has yet examined in its own right the various contexts and foundations on which the jurisprudence of tribunals set up by the international community to try perpetrators of the international crimes committed in the territories of the two countries was developed. This book fills that void. The two tribunals have had their successes and failures, with the international tribunal for Rwanda singled out for the most poignant criticism for prosecuting only perpetrators from one side only of the conflict. In this context, the criticism that it is victors justice can hardly be shaken off. The jurisprudence developed in trials that are tainted with an accusation as serious as this may be read with jaundiced eyes. Yet it has contributed to the development of international law generally although the judgment of history on it will almost always be harsh because of its discriminatory and selective foundation. Obviously, most of the jurisprudence will not be stare decisis because of the complex nature of the cases and the political motivations that sometimes influenced the proceedings. There can hardly be any gainsaying that although the nature of the crimes may be similar, no two conflicts can be the same. Each comes with its specificity. This specificity and several political economic and socio-cultural factors significantly influence the course of the judicial proceedings before the courts set up to prosecute crimes perpetrated in the confl icts and the jurisprudence developed in those proceedings. This book brings to the attention of the reader some of the evidentiary and contextual foundations on which the jurisprudence in the two courts was established. The jurisprudence without doubt will shape the course of the human history in ways unimagined as it is cited in cases that will come for determination before other international tribunals. Understanding the contextual foundations on which the jurisprudence was established will greatly contribute to the certainty of its application and with it that of the law. The authors is a modest yet noble and salutary contribution to international criminal jurisprudence coming at the heels of the scaling down of the tribunals and the start of the residual mechanisms for both the ICTR and the SCSL. The book is highly recommended to all persons from all walks of life; including victims who sometime wondered how these tribunals worked and the legal and factual foundations underlying established jurisprudence.

This volume, which consists of three books and a CD-ROM and is edited by two legal experts on the Sierra Leone court, presents, for the first time in a single place, a comprehensive collection of all the interlocutory decisions and final trial and appeals judgments issued by the court in the case Prosecutor v. Sesay, Kallon and Gabo (The RUF Case)r.

'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

Resource added for the Paralegal program 101101.

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

This book is designed to introduce doctoral and graduate students to the process of conducting scientific research in the social sciences, business, education, public health, and related disciplines. It is a one-stop, comprehensive, and compact source for foundational concepts in behavioral research, and can serve as a stand-alone text or as a supplement to research readings in any doctoral seminar or research methods class. This book is currently used as a research text at universities on six continents and will shortly be available in nine different languages.

Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.

This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.