M Cherif Bassiouni - Böcker

This comprehensive guide covers all aspects of extradition to and from the United States, while making critical, theoretical, and practical evaluations of these aspects, and proposing alternatives. The rights of individuals, balancing of states interests, and preservation of world order within the Rule of Law form the conceptual framework of this book. The focus within U.S. practice explores the essentials involved in the executive branches treaty-making power, as implemented through its foreign relations practice, and as scrutinized by the judiciary. The Sixth Edition updates the treaties, laws, and cases cited with new content, including comparative material dealing with the European Union, cases involving the United States decided by other countries, and major decisions of the high courts of the UK, Canada, France, South Africa, Australia, Israel, Italy, and Germany. As with the prior editions, the Sixth Edition continues to expose certain questionable practices of the United States with regards to extradition.

This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.

This innovative and important book applies classical Sunni Muslim legal and religious doctrine to contemporary issues surrounding armed conflict. In doing so it shows that the shari'a and Islamic law are not only compatible with contemporary international human rights law and international humanitarian law norms, but are appropriate for use in Muslim societies. By grounding contemporary post-conflict processes and procedures in classical Muslim legal and religious doctrine, it becomes more accessible to Muslim societies who are looking for appropriate legal mechanisms to deal with the aftermath of armed conflict. This book uniquely presents a critique of the violent practices of contemporary Muslims and Muslim clerics who support these practices. It rebuts Islamophobes in the West that discredit Islam on the basis of the abhorrent practices of some Muslims, and hopes to reduce tensions between Western and Islamic civilizations by enhancing common understanding of the issues.

This book is about the Egyptian people's 2011 Revolution for freedom, justice, and human dignity, and its aftermath. The Revolution succeeded in toppling the authoritarian Mubarak regime in less than three weeks. It was then co-opted by the Muslim Brotherhood through Egypt's first free and fair elections in 2012, which was in turn crushed in 2013 by a popularly supported military regime whose practices of repression negatively impacted the justice system and human rights. The problems facing the country and its people are daunting, particularly economic, demographic, and social pressures. The contextual analysis of these and other historic and contemporary issues give the reader a comprehensive understanding of what has occurred in the last five years and an insight into where the country is heading. Even though the Revolution has been suppressed and the promise of democracy shunted aside, the majority of the Egyptian people continue to hope for the unachieved dreams of social justice, human dignity, and freedom. Egypt's geopolitical importance makes it indispensable to the stability of the Middle East, and thus important to the world.

This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.

This book is about the Egyptian people's 2011 Revolution for freedom, justice, and human dignity, and its aftermath. The Revolution succeeded in toppling the authoritarian Mubarak regime in less than three weeks. It was then co-opted by the Muslim Brotherhood through Egypt's first free and fair elections in 2012, which was in turn crushed in 2013 by a popularly supported military regime whose practices of repression negatively impacted the justice system and human rights. The problems facing the country and its people are daunting, particularly economic, demographic, and social pressures. The contextual analysis of these and other historic and contemporary issues give the reader a comprehensive understanding of what has occurred in the last five years and an insight into where the country is heading. Even though the Revolution has been suppressed and the promise of democracy shunted aside, the majority of the Egyptian people continue to hope for the unachieved dreams of social justice, human dignity, and freedom. Egypt's geopolitical importance makes it indispensable to the stability of the Middle East, and thus important to the world.

This innovative and important book applies classical Sunni Muslim legal and religious doctrine to contemporary issues surrounding armed conflict. In doing so it shows that the shari'a and Islamic law are not only compatible with contemporary international human rights law and international humanitarian law norms, but are appropriate for use in Muslim societies. By grounding contemporary post-conflict processes and procedures in classical Muslim legal and religious doctrine, it becomes more accessible to Muslim societies who are looking for appropriate legal mechanisms to deal with the aftermath of armed conflict. This book uniquely presents a critique of the violent practices of contemporary Muslims and Muslim clerics who support these practices. It rebuts Islamophobes in the West that discredit Islam on the basis of the abhorrent practices of some Muslims, and hopes to reduce tensions between Western and Islamic civilizations by enhancing common understanding of the issues.

M Cherif Bassiouni was a towering figure in international law. He was personally connected to some of the most historically relevant moments of the past century: the Suez War; the Camp David Accords; the fall of Muammar el-Qaddafi in Libya and the establishment of the International Criminal Court. A true global citizen – raised in Egypt, educated in Europe and emigrated to the United States – his life cut across cultures and religions. This fascinating memoir gives an immediate and personal eye-witness account of the operation of international events during a tumultuous period.

Thirty scholars and experts discuss and provide wide-ranging views on a variety of accountability measures: the establishment of ad hoc criminal tribunals for the Former Yugoslavia and Rwanda; truth commissions in South Africa and El Salvador; and lustration laws for the former Czechoslovakia and Germany after its reunification. Also discussed are amnesty for previous crimes and accountability, post-conflict justice involving issues pertaining to the restoration of law and order, and the rebuilding of failed national justice systems. In addition, the book also contains an important set of guidelines designed to achieve accountability and eliminate impunity. The guidelines with commentaries have been prepared by a distinguished group of experts, many of whom have also contributed articles to this volume.Published under the Transnational Publishers imprint.

"The Siracusa Guidelines have appeared at an important and opportune moment. Those keen to promote accountability in conflicts around the world are increasingly relying on fact finding bodies to provide necessary documentation which will ensure that those responsible for human rights abuses are brought to justice. The 'Guidelines', developed from inputs by more than 80 experts, provide a thorough and welcome framework to ensure clarity and consistency throughout the processes of creating, investigating, reporting and follow-up for these various bodies." Karen Koning AbuZayd Commissioner, Syria UN CoI; Former High Commissioner UNRWA "The Siracusa Guidelines for fact-finding bodies derive from a wealth of combined knowledge and experience in the field. They address in a comprehensive and integrated way many essential issues which have often been inadequately dealt with or ignored. The application of the guidelines will not only improve the conduct and effectiveness of such missions but also enhance their legitimacy."Philippe Kirsch Former President, ICC; Former Ambassador and Legal Adviser, MOFA, Canada "Fact-Finding Bodies are an essential component of international, regional and national investigative processes. It is of paramount concern that they work to high and common standards. The obvious expertise and solid work of the Siracusa Committee has produced a draft of high quality, and of great practical application." Howard Morrison Judge, ICC; Former Judge, ICTY "These Guidelines are indispensable to those engaged in fact-finding and will contribute immensely to the process of international criminal justice." Hassan B. Jallow Chief Prosecutor, UNICTR/UNMICT "These guidelines are an essential resource for anybody working on issues connected with international investigation commissions in the future." Serge Brammertz Prosecutor, ICTY "Hindsight, Insight and Foresight...These Guidelines provide a wealth of wisdom for discussion and reflection." Vitit Muntarbhorn Professor of Law, Bangkok University; international human rights expert who served in several UN capacities

Globalization is not a new phenomenon. New realities have emerged over the past two decades which have given it greater influence in the affairs of states. This coincided with the increasing inability of states and international organizations to carry out their institutional functions for the common good. This is testing a number of assumptions about the future of human rights and international criminal justice.The changes in state priorities concerning human rights and international criminal justice evidence a subtle change in the values of the international community. This is particularly evident in the enhanced concerns of states with issues of national security as they are perceived in so many different ways. At the same time states' ability to govern and deliver public services are increasingly being challenged.Science and technology dominate the present state of globalization and in some positive ways and have increased human interdependence and interconnectedness but with paradoxical positive and negative effects and outcomes.They enhance the power and wealth of certain states while increasing the gap between those states and others. This gap between the ''haves'' and the ''have nots'' continues to increase. With world population projected to grow from seven to nine billion, with disproportionate availability of food and other resources for those most in need of it, social, economic and political disparities are enhanced. Internal state dysfunction is on the increase as evidenced by the number of failed and failing states among developing and under-developed societies.Globalization has not only enhanced the power and wealth of certain states with resources and technological, including military capabilities, it has also given these states a claim of exceptionalism. That claim has also extended to certain multinational corporations and other non-state actors (NSAs) because of their wealth, worldwide activities, and their economic and political power and influence over national and international institutions. For all practical purposes, many of these multinational entities have become beyond the reach of the law, whether national or international. As a result they and their principal actors benefit from impunity notwithstanding the harmful consequences of their conduct on human beings and on the environment. Environmental changes resulting from the international community's failure to develop and adequate system of control over fossil fuel consumption and other factors impacting climate change have and will continue to unleash harmful consequences on certain parts of the world, which will impact certain populations.As these and other negative consequences of globalization occur, it is already evident that the values and legal protections afforded to human rights, including an end to impunity for international crimes is receding. The ''Responsibility to Protect'', adopted by world summit of 2005 has never been put into effect. Similarly, the United Nations Declaration on the Rights of Victims of Crime has also never been put into effect. How states and the international community will react in the face of the forthcoming challenges of population growth, resource scarcity, environmental disasters and other natural and human tragedies is a legitimate source of concern.The absence of an international system to regulate these needs for human survivability will necessarily mean that the human rights of some will be sacrificed. All this has negative consequences for human rights, yet nothing that the international system presently offers can mitigate these consequences only the occasional good will of some states.What remains to help counteract and mitigate the cascade of negative effects and outcomes of unbridled globalization on our planet are international civil society institutions and some concerned states. What they may be capable of achieving in the face of the changing landscape of the world order is, however, difficult to assess.

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).

A Guide to Documents on the Arab-Palestinian/Israeli Conflicts: 1897-2008, is a comprehensive non-partisan compilation designed to provide relevant legal and historical source material pertaining to this conflict. Each document is summarized for the reader’s benefit. The compilation contains all United Nations Resolutions and Reports, Treaties and Agreements, as well as historic documents that are difficult to obtain. To put the conflict into perspective, a chronology of events is provided, followed by an objective analysis of the historical background, including discussion of the various phases of the conflict, strategic considerations, and an analysis of the prospects for peace. The 690 documents summarized with official citations are the most extensive compilation covering the period from 1897 through 2008, including some key texts on Jerusalem dating back to earlier times. The documents are organized according to the conflict’s major topic areas with introductory notes for each part and section.M. Cherif Bassiouni and Shlomo Ben Ami have had a long history of involvement in the peace process. Their combined expertise and personal experiences add a unique dimension to this book that will provide anyone interested in the conflict with a distinct easy-to-use comprehensive compilation of relevant documents.

This groundbreaking new volume provides the first comprehensive review of the Libyan conflict of 2011. The book expands on and complements the report of the Libya Commission of Inquiry to the United Nations Human Rights Council, and provides the reader with the information essential to understanding the Libyan conflict, its causes and ramifications, and the difficulties the country faces as it rebuilds in the wake of 40 years of repression and the effects of a brutal civil war. The book provides a historical overview of the country and the ruinous policies of the Qadhafi regime, a chronological review of the evolution of the conflict, a description of the belligerents and their organizational makeup, an account of the NATO intervention and its legality, a basic legal characterization of conduct of the belligerents and the various accountability mechanisms pursued thus far, and an appraisal of the post-conflict period, as well as a detailed factual assessment and legal characterization of ten different theaters of conflict, including Benghazi, Tripoli, Misrata, Sirte and the Nafusa Mountains.

An exploration of the meaning of 'Jihad', and its relationships with Islam, national and international law.