Future perspectives on international criminal justice / Carsten Stahn & Larissa van den Herik, editors ; [foreword by John Dugard].
2010
K5001 .F88 2010 (Map It)
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Details
Title
Future perspectives on international criminal justice / Carsten Stahn & Larissa van den Herik, editors ; [foreword by John Dugard].
Published
The Hague, Netherlands : T.M.C. Asser Press, [2010]
Copyright
©2010
Call Number
K5001 .F88 2010
ISBN
9789067043090 (hardbound)
9067043095 (hardbound)
9067043095 (hardbound)
Description
xxii, 693 pages ; 25 cm
System Control No.
(OCoLC)468978969
Summary
"International criminal law is shaped by the influence of individual scholars and the impact of specific rulings and legal frameworks. This volume provides a fresh perspective on core themes and notions of international criminal justice. It revisits the sources, treatment and reception of doctrine and jurisprudence from an inter-generational perspective. It analyses the role of scholars and practitioners such as Arendt, Damaska and Cassese concerning the conceptualisation of law and jurisprudence. Then, it assesses the goals and scope of international criminal law, including contemporary developments relating to the interaction between international and domestic jurisdiction (e.g., verticality, complementarity, gravity), the role of actors (such as state crime, corporations, private military companies) and crime definitions (aggression, child recruitment). Finally, the book includes a review of key concepts and challenges of individual responsibility and international criminal procedure." "The volume is designed to provide a critical rethinking of existing law and practice. It includes contributions by established scholars and new voices, thus making the work relevant for academics, international and domestic courts and tribunals, as well as non-governmental organizations. It was produced within the framework of the Marie Curie Project of the Grotius Centre for International Legal Studies, Leiden University & Campus The Hague." --Book Jacket.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Foreword / John Dugard
Abbreviations
Introduction.
Future perspectives on international criminal justice: Through the looking glass / Larissa van den Herik Carsten Stahn
Pt. I
The influence of scholars and practitioners on the development and conceptualization of international criminal law
9
Ch. 1
'Satires of circumstance': Some notes on war crimes trials and irony / Gerry Simpson
11
Ch. 2
The Banality of Evil on trial / Wouter Werner Alette Smeulers
24
Ch. 3
Why international criminal lawyers should read Mirjan Damaska / Harmen van der Wilt
44
Ch. 4
The gentle humanizer of humanitarian law - Antonio Cassese and the creation of the customary law of non-international armed conflict / Tamas Hoffmann
58
Ch. 5
The international criminal legal process: Towards a realistic model of international criminal law in action / Christoph Burchard
81
Pt. II
Theorizing international criminal justice
113
Ch. 6
The two liberalisms of international criminal law / Darryl Robinson
115
Ch. 7
International criminal law at the crossroads: From adhoc imposition to a treaty-based universal system / Kai Ambos
161
Ch. 8
In search of the 'vertical': Towards an institutional theory of international criminal justice's core / Frederic Megret
178
Pt. III
Re-assessing the balance between international and domestic jurisdiction
225
Ch. 9
Situational gravity under the Rome Statute / Kevin Jon Heller
227
Ch. 10
When law 'expresses' more than it cares to admit: Comments on Heller / Mark Osiel
254
Ch. 11
Should the prosecution of ordinary crimes in domestic jurisdictions satisfy the complementarity principle? / Dawn Sedman
259
Ch. 12
Interpreting complementarity and interests of justice in the presence of restorative-based alternative forms of justice / Marta Valinas
267
Ch. 13
Universal jurisdiction and the prosecution of excluded asylum seekers / Elizabeth Santalla
289
Pt. IV
De-individualizing international criminal law: Can abstract entities commit international crimes after all?
315
Ch. 14
The Inter-American Court of Human Rights and aggravated state responsibility: Operationalizing the concept of state crime / Scott Doucet
317
Ch. 15
Corporations as future subjects of the International Criminal Court: An exploration of the counterarguments and consequences / Larissa van den Herik
350
Ch. 16
Grey war zone? The question of contractual control of the privatization of warfare and the civilianization of the military / Dan Kuwali
369
Ch. 17
Holding private military corporations accountable for their crimes: The applicability of the commander/superior responsibility doctrine to crimes of PMCs / Materneau Chrispin
395
Pt. V
Crime definitions revisited
423
Ch. 18
Defining the crime of aggression / Astrid Reisinger
425
Ch. 19
Complementarity and aggression; A ticking time bomb? / Nicolaos Strapatsas
450
Ch. 20
The recruitment and use of child soldiers: Some reflections on the prosecution of a new war crime / Michael E. Kurth
475
Pt. VI
System-criminality and the principle of personal fault: A balancing test in setting the appropriate standards for modes of liability
499
Ch. 21
The difficulty with individual criminal responsibility in international criminal law / Gideon Boas
501
Ch. 22
Current trends on modes of liability for genocide, crimes against humanity and war crimes / Hector Olasolo Alonso
520
Ch. 23
From 'conspiracy' to 'joint criminal enterprise': In search of the organizational parameter / Athanasios Chouliaras
545
Pt. VII
Towards one international criminal procedure?
583
Ch. 24
Trends in the development of a unified law of international criminal procedure / Goran Sluiter
585
Ch. 25
Witness memory and the manufacture of evidence at the international criminal tribunals / Alexander Zahar
600
Ch. 26
Remedies for war victims / Liesbeth Zegveld
611
Ch. 27
Victim participation in ICC proceedings / Nino Tsereteli
625
Ch. 28
Arrest and surrender under the ICC Statute - A contextual reading / Carsten Stahn
659
Index
687