Taking Economic Social And Cultural Rights Seriously In International Criminal Law

"Is the neglect of economic, social and cultural abuses in international criminal law a problem of positive international law or the result of choices made by lawyers involved in mechanisms such as criminal prosecutions or truth commissions? Evelyne Schmid explores this question via an assessment of the relationship between violations of economic, social and cultural rights and international crimes. Based on a thorough examination of the elements of international crimes, she demonstrates how a situation can simultaneously be described as a violation of economic, social and cultural rights and as an international crime. Against the background of the emerging debates on selectivity in international criminal law and the role of socio-economic and cultural abuses in transitional justice, she argues that international crimes overlapping with violations of economic, social and cultural rights deserve to be taken seriously, for much the same reasons as other international crimes"--

Is the neglect of economic, social and cultural abuses in international criminal law a problem of positive international law or the result of choices made by lawyers involved in mechanisms such as criminal prosecutions or truth commissions? Evelyne Schmid explores this question via an assessment of the relationship between violations of economic, social and cultural rights and international crimes. Based on a thorough examination of the elements of international crimes, she demonstrates how a situation can simultaneously be described as a violation of economic, social and cultural rights and as an international crime. Against the background of the emerging debates on selectivity in international criminal law and the role of socio-economic and cultural abuses in transitional justice, she argues that international crimes overlapping with violations of economic, social and cultural rights deserve to be taken seriously, for much the same reasons as other international crimes.

Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.

Présentation de l'éditeur : "Serious economic crimes and violations of economic, social and cultural rights have often been neglected in criminal proceedings and reports of truth commissions that have followed in the wake of economic transitions or conflicts. Although such economic crimes often result in a substantial loss of wealth to the overall economy and society of the country in question, they have not been widely nor effectively prosecuted. The Balkan region is no exception to this rule. The study connects international criminal law with discourses of international human rights law, security studies, (supranational) criminology, political sciences, transitional justice and (economic) criminal law in order to find arguments as to why it is necessary to start prosecuting serious (transitional) economic offences as crimes under international law and why they should find their place in the ICC Statute. The research explains why Art. 7(1)(k) of the ICC Statute is the most plausible means to do so without violating the principle of legality."

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Evelyne Schmid demonstrates how violations of economic, social and cultural rights can overlap with international crimes.

This is an in-depth analysis of the complex and challenging field of international prosecution and human rights. It explains the role and operation of the International Criminal Court, and explores the various challenges confronting it.

On July 1, 2008, the Rome Statute of the International Criminal Court (ICC) entered into force, enabling the ICC - as laid down in the Preamble to the Statute - to affirm "that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international cooperation." In this second edition commentary, Otto Triffterer and a number of eminent legal practitioners and scholars in the field of international criminal law give a detailed article-by-article analysis of both the Statute as well as the "Elements of Crime" and the "Rules of Procedure and Evidence," adopted by the Assembly of States Parties in 2002, and the "Regulations of the Court," adopted by the Judges of the ICC in 2004. This substantially revised and significantly amended version considers the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR); other international, "semi-international," or national courts; and the relevant literature since the publication of the first edition in 1999. This book has been selected in 2009 to receive the prestigious ASIL Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars.