The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the...
The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. Thi...
Since the historic Nuremberg Trial of 1945 an international customary law principle has developed that commission of a core crime under international law war crimes, genocide, crimes against humanity and aggression should not go unpunished.
History shows, that when in Africa such violations occurred, especially as a result of election disputes, national and regional actors, including the African Union, resorted to political rather than legal responses. However, when crimes against humanity were alleged to have been committed in Kenya during the 2007-2008 post-election violence, a...
Since the historic Nuremberg Trial of 1945 an international customary law principle has developed that commission of a core crime under internation...
The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country s profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects...
The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combat...
This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as human rights defenders. At the same time, however, they employ activities that necessary entail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs relationship with international human rights law, and focuses on the ICTs own interpretation and application of human rights norms. First, the book addresses...
This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely her...
This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC).
The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed...
This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC).
Tackling one of the most confusing and controversial issues in the field of international criminal law -- i.e., the genocidal intent element, this monograph seeks to develop an account of genocidal intent from a collectivist perspective. Drawing upon the two-layered structure of the crime of genocide composed of the 'conduct level' and 'context level', it detects the genocidal intent element at the 'context level'. The genocidal intent found in this manner belongs to a collective, which significantly departs from the prior individualistic understandings of the notion of genocidal intent. The...
Tackling one of the most confusing and controversial issues in the field of international criminal law -- i.e., the genocidal intent element, this mon...
This book offers the first comprehensive and in-depth analysis of the provisions of the 'Malabo Protocol'--the amendment protocol to the Statute of the African Court of Justice and Human and Peoples' Rights--adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples' Rights with jurisdiction over international and transnational crimes, hence an 'African Criminal Court'. In this book, leading experts in the...
This book offers the first comprehensive and in-depth analysis of the provisions of the 'Malabo Protocol'--the amendment protocol to the Statute of...
In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings.
Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness as derived from ECtHR case law is a fundamental principle that underlies all criminal law enforcement. It provides...
In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up...
This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some...
This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflic...
