International Criminal Law Series – serie

In An Introduction to the Law of International Criminal Tribunals Geert-Jan Alexander Knoops offers an overview of the basic topics in international criminal law (ICL).It discusses main characteristics of International Criminal Tribunals (ICTs), as well as definitions of international crimes. The book will delve into issues of jurisdiction and complementarity, liability principles and specialized defences. Other topics are: due process rights, evidence, trials in absentia and State cooperation. A new chapter is devoted to the geopolitical effects of international criminal prosecutions.The second revised edition includes a chapter on the “new” crime of aggression and is updated with the most recent developments in ICL. The book is essential to everyone becoming familiar with the basic topics and challenges within ICL.

In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.

In Instigation to Crimes Against Humanity – The Flawed Jurisprudence of the Trial and Appeal Chambers of the International Criminal Tribunal for Rwanda (ICTR), Avitus A. Agbor critiques the jurisprudence of the ICTR on instigation to crimes against humanity under Article 6(1).

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.

In Prosecuting the Destruction of Cultural Property in International Criminal Law Caroline Ehlert offers an analysis of treaty law protecting cultural property from destruction and foremost of the relevant provisions for prosecuting the destruction of cultural property in international criminal law.The wanton destruction of valuable cultural property during armed conflict as well as during peacetime is omnipresent. Therefore it is of the utmost importance to provide for provisions criminalising the destruction of cultural property and offering a basis for the prosecution of possible perpetrators.

The book looks at the role of states and international organisations in their attempts to prevent the genocide in Darfur (2003-2005); from early warning to limited action in the field of humanitarian assistance, mediation, sanctions and peace-keeping. The book uses several theories to explain how decision-making led to the (absence) of international responses.

This book offers a groundbreaking and thought-provoking examination of the intricate interplay between the role of State Parties to the Rome Statute in the interpretation of the Statute, particularly when the International Criminal Court (ICC) holds the explicit authority to do so. Utilizing the interpretation rules under Article 31(3) of the Vienna Convention on the Law of Treaties, it demonstrates how State Parties, through their subsequent agreements and practice continue to influence treaty interpretation under the Rome Statute. The book highlights specific examples where State Parties have enacted amendments to the rules and passed resolutions during related ongoing ICC cases, prompting questions about their influence on the ICC’s interpretive decisions. The nuanced relationship between State Parties and the ICC in interpreting the Statute is explored, revealing the inherent tension that emerges from the overlapping interpretive roles. It provides insightful recommendations for navigating and alleviating such tensions.

Why does the International Criminal Court fall short of expectations? This book contends that the answer lies in the governance role of the Assembly of States Parties, the Court’s central, yet often overlooked, institutional body. Far beyond a diplomatic forum, the Assembly retains a crucial role in electing judges and prosecutors, adopting the budget, amending legal texts, and overseeing cooperation. Based on original research and previously unexamined official documents, it offers the first comprehensive analysis of the Assembly’s history and practice from 2002 to 2021. The book discusses the Assembly in the context of “international judicial governance institution” (injugovin), positioning it within broader debates on international law and global governance. By dissecting the Assembly’s functions, Jimenez Martinez shows how States Parties have collectively shaped, and at times constrained, the Court’s evolution. As such, the book argues that the Court’s challenges are not merely judicial, they are governance problems.