International Criminal Law Volume 2 Multilateral And Bilateral Enforcement Mechanisms

Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4: Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of CriminalProceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4:Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

International criminal law and justice is a flourishing field which has led, in recent years, to new international criminal tribunals and new mechanisms for investigation and holding criminals to account. These developments have, in turn, led to an increasing volume and greater consolidation of case law, and even more scholarly attention. The second edition of this volume of Kai Ambos' seminal treatise has been revised and rewritten in parts to provide coverage of recent developments in the 'Special Part' of international criminal law: namely, the specific crimes and sentencing. Amongst other updates, there are significant extensions of the discussion on sexual and gender-based crimes; the introduction of environmental crimes into international criminal law; further elaboration on the nexus requirement in war crimes and asymmetrical conflicts (e.g., ISIS); and reference to the newly introduced war crimes of the ICC Statute and of the peculiarities of cyber-attacks and other emerging activities. The volume complements Volume I of the treatise on issues relevant to the foundations, general part of international criminal law, and general principles of international criminal justice. Taken together with the other new editions of the three-volume series, this second edition provides an exhaustive guide to every aspect of international criminal law, from fundamental principles to procedures and implementation. Kai Ambos' Treatise remains an indispensable reference work for academics and practitioners of international criminal law.

Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victims’ Rights in International Law).

Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victimsa (TM) Rights in International Law).

Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).

This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.

Volume II of the International Criminal Law Practitioner Library series focuses on the core categories of international crimes: crimes against humanity, genocide, and war crimes. The authors present a comprehensive and critical review of the law on the elements of these crimes and their underlying offences, and examine how they interact with the forms of responsibility discussed in Volume I. They also consider the effect of the focus in early ICTY and ICTR proceedings on relatively low-level accused for the development of legal definitions that are sometimes ill-suited for leadership cases, where the accused had little or no physical involvement in the crimes. The book's main focus is the jurisprudence of the ad hoc Tribunals, but the approaches of the ICC and the various hybrid tribunals are also given significant attention. The relevant jurisprudence up to 1 December 2007 has been surveyed, making this a highly useful and timely work.