In the past twenty years the field of international criminal law has become one of the main subfields of international legal scholarship and practice with many texts in the field focusing on core crimes and judicial procedure. Eschewing this traditional approach however, the Oxford Handbook of International Criminal Law instead looks at who the actors are, how international criminal law goes about achieving its ends, where (geographically) it applies, when it applies, and why the system came into being and continues to grow.
By taking a step back and critically examining prevailing practices, orthodoxies, and received wisdoms, the authors deploy alternative modes of analysis and bring conceptual, theoretical, and interdisciplinary tools to bear on old and new problems alike. Contributions from key figures in disciplines outside of international criminal law such as anthropology, geography, history, philosophy, international relations, and rhetoric come together with legal experts to illuminate the rich tapestry that is international criminal law.
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xi | |
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Table of Primary Legislation |
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xxi | |
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Table of International Treaties and Conventions |
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xxv | |
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xxix | |
Introduction |
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1 | (20) |
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1 An Empirical Analysis of International Criminal Law: The Perception and Experience of the Accused |
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21 | (18) |
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2 Defence Perspectives on Fairness and Efficiency at the International Criminal Court |
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39 | (28) |
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3 Neither Here Nor There: The Position of the Defence in International Criminal Tribunals |
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67 | (22) |
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4 The Creation of an Ad Hoc Elite and the Value of International Criminal Law Expertise on a Global Market |
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89 | (17) |
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5 Teachings of Publicists and the Reinvention of the Sources Doctrine in International Criminal Law |
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106 | (23) |
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6 Legitimacy in War and Punishment: The Security Council and the ICC |
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129 | (25) |
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7 Africa and International Criminal Law |
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154 | (40) |
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8 On Regional Criminal Courts as Representatives of Political Communities: The Special Case of the African Criminal Court |
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194 | (21) |
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9 Taking Internationalism Seriously: Why International Criminal Law Matters |
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215 | (23) |
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238 | (23) |
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11 Courting Failure: When Are International Criminal Courts Likely to be Believed by Local Audiences? |
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261 | (32) |
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12 `What is an International Crime?' |
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293 | (24) |
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Alexander K.A. Greenawalt |
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13 A Theory of International Crimes: Conceptual and Normative Issues |
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317 | (24) |
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14 From Aggression to Atrocity: Rethinking the History of International Criminal Law |
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341 | (20) |
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15 Enslavement as a Crime against Humanity: Some Doctrinal, Historical, and Theoretical Considerations |
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361 | (18) |
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16 A Criminological Approach to the ICC's Control Theory |
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379 | (21) |
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17 The Two Cultures of International Criminal Law |
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400 | (23) |
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423 | (27) |
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19 Epistemological Controversies and Evaluation of Evidence in International Criminal Trials |
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450 | (23) |
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20 The Right to Truth in International Criminal Law |
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473 | (21) |
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21 From Machinery to Motivation: The Lost Legacy of Criminal Organizations Liability |
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494 | (25) |
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22 Historical Reasoning and Judicial Historiography in International Criminal Trials |
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519 | (21) |
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540 | (18) |
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24 The Enemy of All Humanity |
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558 | (25) |
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25 Moving Images: Modes of Representation and Images of Victimhood in Audio-Visual Productions |
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583 | (18) |
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26 International Criminal Tribunal Backlash |
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601 | (25) |
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27 The Crises and Critiques of International Criminal Justice |
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626 | (26) |
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28 Hangman's Perspective: Three Genres of Critique following Eichmann |
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652 | (26) |
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29 Inequality of Arms Reversed? Defendants in the Battle for Political Legitimacy |
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678 | (21) |
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30 International Criminal Law and the Subordination of Emancipation: The Question of Legal Hierarchy in Transitional Justice |
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699 | (20) |
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31 International Criminal Justice and Humanitarianism |
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719 | (29) |
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32 International Criminal Law and Culture |
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748 | (20) |
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33 The Core Crimes of International Criminal Law |
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768 | (23) |
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791 | (20) |
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35 The Unity of International Criminal Law: A Socio-Legal View |
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811 | (30) |
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36 International Criminal Law: The Next Hundred Years |
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841 | (10) |
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Index |
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851 | |
Kevin Jon Heller is Associate Professor of Public International Law at the University of Amsterdam and Professor of Law at the Australian National University. He holds a PhD in law from Leiden University and a JD with distinction from Stanford Law School. His research interests focus on international criminal law, international humanitarian law, and the use of force, with a particular emphasis on the methodologies employed by those fields. His books include The Nuremberg Military Tribunals and the Origins of International Criminal Law (OUP, 2011); The Hidden Histories of War Crimes Trials (OUP, 2013) (edited with Gerry Simpson); and The Handbook of Comparative Criminal Law (Stanford University Press, 2011) (edited with Markus Dubber).
Frédéric Mégret is a Full Professor and William Dawson Scholar at the Faculty of Law, McGill University. He holds an LLB from King's College London, a DEA from the Université de Paris I (Panthéon Sorbonne), and a PhD from the Graduate Institute of International Studies (Geneva), as well as a diploma from Sciences Po Paris. His research focuses on international criminal justice, the laws of war, international human rights law, transitional justice, and general international law.
Sarah MH Nouwen is Reader in International Law at the University of Cambridge, Co-Deputy Director and Fellow of the Lauterpacht Centre for International Law, and a Fellow of Pembroke College. As of September 2020, she will be a Professor of International Law at the European University Institute in Florence. Sarah is also an Editor-in-Chief of the European Journal of International Law. She is the author of Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan (CUP, 2013), an empirical study into the effects of the complementarity principle in the Rome Statute on the legal systems in Uganda and Sudan. She has advised the Netherlands Ministry of Foreign Affairs, the Department for International Development and several NGOs. In 2010-2011 she was seconded as Senior Legal Advisor to the African Union High-Level Implementation Panel on Sudan.
Jens David Ohlin is Vice Dean and Professor of Law at Cornell Law School. Professor Ohlin's work stands at the intersection of four related fields: criminal law, criminal procedure, public international law, and the laws of war. Trained as both a lawyer and a philosopher, his research has tackled questions as diverse as criminal conspiracy and the punishment of collective criminal action, the philosophical foundations of international law, and the role of new technologies in warfare, including cyberwar, remotely piloted drones, and autonomous weapons. He is the author of the forthcoming monograph, Election Interference: International Law and the Future of Democracy (CUP, 2020).
Darryl Robinson is Associate Professor at Queen's University Faculty of Law (Canada). He was a Hauser Scholar at New York University School of Law (LL.M International Legal Studies), a Gold Medalist at the UWO Faculty of Law, and a clerk at the Supreme Court of Canada. He served as a Legal Officer at Foreign Affairs Canada from 1997-2004. His work in the creation of the International Criminal Court and in the development of Canada's new war crimes legislation earned him a Minister's Citation and a Minister's Award for Foreign Policy Excellence. He is a co-author of Robert Cryer et al, Introduction to International Criminal Law and Procedure (CUP, 2019, 4th edition), and was the 2013-14 recipient of the Antonio Cassese Prize for International Criminal Legal Studies.