Sergey Vasiliev – författare

Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminallaw and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definitionof crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence.Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of ''legal pluralism'' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations ofconcepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism,the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminallaw and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definitionof crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence.Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of ''legal pluralism'' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations ofconcepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism,the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals'' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals'' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals'' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals'' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence.Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Governance of International Courts and Tribunals presents the first systematic examination of the institutions, practices, and norms that constitute international judicial governance—the oversight exercised by states and international organisations over international courts and tribunals to ensure their independent, accountable, and effective functioning.Departing from the traditional focus on courts' mandates, jurisprudence, and procedures, the book turns attention to international judicial governance institutions (what the book terms 'injugovins')—the political and executive bodies, such as organs of international organisations or dedicated governance bodies, responsible for overseeing courts. It explores their practices and the normative frameworks that guide them.Injugovins are revealed as crucial yet long-overlooked actors in the international adjudicative landscape. Their performance shapes the entire life cycle of courts—from the adoption of constituent instruments to budgeting, appointments, accountability mechanisms, institutional reform, enforcement, and closure. Many of the challenges faced by courts, including legitimacy crises, limited effectiveness, and political backlash, often stem from, or are worsened by, governance shortcomings.Addressing a long-standing gap in the literature, the volume develops a shared vocabulary and conceptual framework for understanding international judicial governance as a distinct domain of international institutional law and practice. Comprising 24 contributions, it combines conceptual analysis, regime-specific studies, and cross-cutting functional perspectives. It maps historical and contemporary governance models—including those of the PCIJ, ICJ, CJEU, ICC, and African regional courts—and examines key functions such as judicial elections, financial oversight, and enforcement. With empirical depth and analytical clarity, this volume lays the foundations for future research on the legitimacy, oversight, and effectiveness of international courts.

Governance of International Courts and Tribunals presents the first systematic examination of the institutions, practices, and norms that constitute international judicial governance-the oversight exercised by states and international organisations over international courts and tribunals to ensure their independent, accountable, and effective functioning. Departing from the traditional focus on courts' mandates, jurisprudence, and procedures, the book turns attention to international judicial governance institutions (what the book terms 'injugovins') the political and executive bodies, such as organs of international organisations or dedicated governance bodies, responsible for overseeing courts. It explores their practices and the normative frameworks that guide them. Injugovins are revealed as crucial yet long-overlooked actors in the international adjudicative landscape. Their performance shapes the entire life cycle of courts from the adoption of constituent instruments to budgeting, appointments, accountability mechanisms, institutional reform, enforcement, and closure. Many of the challenges faced by courts, including legitimacy crises, limited effectiveness, and political backlash, often stem from, or are worsened by, governance shortcomings. Addressing a long-standing gap in the literature, the volume develops a shared vocabulary and conceptual framework for understanding international judicial governance as a distinct domain of international institutional law and practice. Comprising 24 contributions, it combines conceptual analysis, regime-specific studies, and cross-cutting functional perspectives. It maps historical and contemporary governance models including those of the PCIJ, ICJ, CJEU, ICC, and African regional courts and examines key functions such as judicial elections, financial oversight, and enforcement. With empirical depth and analytical clarity, this volume lays the foundations for future research on the legitimacy, oversight, and effectiveness of international courts.

Governance of International Courts and Tribunals presents the first systematic examination of the institutions, practices, and norms that constitute international judicial governancea "e;the oversight exercised by states and international organisations over international courts and tribunals to ensure their independent, accountable, and effective functioning. Departing from the traditional focus on courts' mandates, jurisprudence, and procedures, the book turns attention to international judicial governance institutions (what the book terms 'injugovins')a "e;the political and executive bodies, such as organs of international organisations or dedicated governance bodies, responsible for overseeing courts. It explores their practices and the normative frameworks that guide them. Injugovins are revealed as crucial yet long-overlooked actors in the international adjudicative landscape. Their performance shapes the entire life cycle of courtsa "e;from the adoption of constituent instruments to budgeting, appointments, accountability mechanisms, institutional reform, enforcement, and closure. Many of the challenges faced by courts, including legitimacy crises, limited effectiveness, and political backlash, often stem from, or are worsened by, governance shortcomings. Addressing a long-standing gap in the literature, the volume develops a shared vocabulary and conceptual framework for understanding international judicial governance as a distinct domain of international institutional law and practice. Comprising 24 contributions, it combines conceptual analysis, regime-specific studies, and cross-cutting functional perspectives. It maps historical and contemporary governance modelsa "e;including those of the PCIJ, ICJ, CJEU, ICC, and African regional courtsa "e;and examines key functions such as judicial elections, financial oversight, and enforcement. With empirical depth and analytical clarity, this volume lays the foundations for future research on the legitimacy, oversight, and effectiveness of international courts.

Building on the success of previous editions (Cryer et al.), this popular textbook is now expanded and updated in a 5th edition featuring two new co-authors, Elies van Sliedregt and Valerie Oosterveld. A market leader and one of the most globally trusted textbooks on international criminal law, it is known for its accessible and engaging tone and for an even-handed approach that is both critical and constructive. Comprehensively updated and rewritten, this new edition introduces readers to the main concepts of international criminal law, as well as the domestic and international institutions that enforce it, and addresses the latest challenges and controversies surrounding the International Criminal Court. Written by a team of international criminal lawyers who have extensive academic and practical experience in the field, the book engages with critical questions, political and moral challenges, and alternatives to international justice. It contains helpful references to other literature, making it a valuable research resource.

Building on the success of previous editions (Cryer et al.), this popular textbook is now expanded and updated in a 5th edition featuring two new co-authors, Elies van Sliedregt and Valerie Oosterveld. A market leader and one of the most globally trusted textbooks on international criminal law, it is known for its accessible and engaging tone and for an even-handed approach that is both critical and constructive. Comprehensively updated and rewritten, this new edition introduces readers to the main concepts of international criminal law, as well as the domestic and international institutions that enforce it, and addresses the latest challenges and controversies surrounding the International Criminal Court. Written by a team of international criminal lawyers who have extensive academic and practical experience in the field, the book engages with critical questions, political and moral challenges, and alternatives to international justice. It contains helpful references to other literature, making it a valuable research resource.

Building on the success of previous editions (Cryer et al.), this popular textbook is now expanded and updated in a 5th edition featuring two new co-authors, Elies van Sliedregt and Valerie Oosterveld. A market leader and one of the most globally trusted textbooks on international criminal law, it is known for its accessible and engaging tone and for an even-handed approach that is both critical and constructive. Comprehensively updated and rewritten, this new edition introduces readers to the main concepts of international criminal law, as well as the domestic and international institutions that enforce it, and addresses the latest challenges and controversies surrounding the International Criminal Court. Written by a team of international criminal lawyers who have extensive academic and practical experience in the field, the book engages with critical questions, political and moral challenges, and alternatives to international justice. It contains helpful references to other literature, making it a valuable research resource.

Written by a team of international lawyers with extensive academic and practical experience of international criminal law, the fourth edition of this leading textbook offers readers comprehensive coverage and a high level of academic rigour while maintaining its signature accessible and engaging style. Introducing the readers to the fundamental concepts of international criminal law, as well as the domestic and international institutions that enforce that law, this book engages with critical questions, political and moral challenges, and alternatives to international justice. Suitable for undergraduate and postgraduate students, academics and practitioners in the field, and cited by the International Criminal Tribunal for Yugoslavia, the International Criminal Court, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the highest courts in domestic systems, this book is a must-read for anyone interested in learning more about international criminal law.

Written by a team of international lawyers with extensive academic and practical experience of international criminal law, the fourth edition of this leading textbook offers readers comprehensive coverage and a high level of academic rigour while maintaining its signature accessible and engaging style. Introducing the readers to the fundamental concepts of international criminal law, as well as the domestic and international institutions that enforce that law, this book engages with critical questions, political and moral challenges, and alternatives to international justice. Suitable for undergraduate and postgraduate students, academics and practitioners in the field, and cited by the International Criminal Tribunal for Yugoslavia, the International Criminal Court, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the highest courts in domestic systems, this book is a must-read for anyone interested in learning more about international criminal law.