The Oxford Handbook of International Criminal Law
The Oxford Handbook of International Criminal Law
Kevin Jon Heller is Professor of Criminal Law at SOAS, University of London. He holds a PhD in law from Leiden University, a JD with distinction from Stanford Law School, an MA with honours in literature from Duke University, and an MA and BA in sociology, both with honours, from the New School for Social Research. His research interests focus on substantive international criminal law and international humanitarian law, 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 (2011) (edited with Markus Dubber).
Frédéric Mégret is an Associate Professor at the Faculty of Law, McGill University and the holder of the Canada Research Chair in the Law of Human Rights and Legal Pluralism. He holds an LLB from King's College London, a DEA from the Universite de Paris I, and a PhD from the Graduate Institute of International Studies (Geneva), as well as a diploma from Sciences Po Paris where he graduated "avec les felicitations du jury". He worked for the International Committee of the Red Cross, was a member of the French delegation at the Rome Conference on the International Criminal Court, and advised the Liberian government on a procedure to vet its armed forces for human rights violations. He is the author of Le tribunal penal international pour le Rwanda and is co-editor with Philip Alston of the forthcoming second edition of The United Nations and Human Rights (OUP).
Sarah M. H. Nouwen is a University Lecturer in Law at the University of Cambridge and Fellow of the Lauterpacht Centre for International Law and of Pembroke College. Her research interests lie at the intersections of law and politics, war and peace, and justice and the rule of 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. She also assisted an ICC judge as a Visiting Professional. In 2010-2011 she was seconded as Senior Legal Advisor to the African Union High-Level Implementation Panel on Sudan, working on questions of state succession in light of South Sudan's secession and designing a peace process for Darfur.
Jens David Ohlin is Professor of Law at Cornell Law School. He specializes in international law and all aspects of criminal law, including domestic, comparative, and international criminal law. Ohlin's research also focuses on the laws of war, in particular the impact of new technology on the regulation of warfare, including remotely piloted drones and the strategy of targeted killings, cyber-warfare, and the role of non-state actors in armed conflicts. His books in this area include Targeted Killings: Law and Morality in an Asymmetrical World (OUP 2012, with A. Altman & C. Finkelstein), Cyber-War: Law & Ethics for Virtual Conflicts (OUP forthcoming, with C. Finkelstein & K. Govern), and Defending Humanity: When Force is Justified and Why (OUP 2008, with George Fletcher).
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 (OUP, 2014, 3rd edition), and is the 2013-14 recipient of the Antonio Cassese Prize for International Criminal Legal Studies.
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Abstract
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. This book, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. The book should fundamentally alter how international criminal law is understood.
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Front Matter
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Introduction
Kevin Jon Heller and others
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Section I Actors
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2
Defence Perspectives on Fairness and Efficiency at the International Criminal Court
Jenia Iontcheva Turner
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3
Neither Here nor There: The Position of the Defence in International Criminal Tribunals
Dov Jacobs
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1
An Empirical Analysis of International Criminal Law: The Perception and Experience of the Accused
Marie-Sophie Devresse andDamien Scalia
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4
The Creation of an AD Hoc Elite: And the Value of International Criminal Law Expertise on a Global Market
Mikkel Jarle Christensen
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5
Teachings of Publicists and the Reinvention of the Sources Doctrine in International Criminal Law
Neha Jain
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2
Defence Perspectives on Fairness and Efficiency at the International Criminal Court
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Section II Spaces
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Section III Rationales
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Section IV Crimes
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12
‘What is An International Crime?’
Alexander K.A. Greenawalt
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13
A Theory of International Crimes: Conceptual and Normative Issues
Alejandro Chehtman
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14
From Aggression to Atrocity: Rethinking the History of International Criminal Law
Samuel Moyn
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15
Enslavement as a Crime against Humanity: Some Doctrinal, Historical, and Theoretical Considerations
Edwin Bikundo
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12
‘What is An International Crime?’
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Section V Modalities
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16
A Criminological Approach to the ICC’s Control Theory
Alette Smeulers
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17
The Two Cultures of International Criminal Law
Jean d’Aspremont
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18
Immunity and Impunity
Adil Ahmad Haque
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19
Epistemological Controversies and Evaluation of Evidence in International Criminal Trials
Mark Klamberg
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20
The Right to Truth in International Criminal Law
Leora Bilsky
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21
From Machinery to Motivation: The Lost Legacy of Criminal Organizations Liability
Saira Mohamed
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16
A Criminological Approach to the ICC’s Control Theory
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Section VI Narratives
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22
Historical Reasoning and Judicial Historiography in International Criminal Trials
Kim Christian Priemel
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23
Criminal/Enemy
Lawrence Douglas
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24
The Enemy of All Humanity
David Luban
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25
Moving Images: Modes of Representation and Images of Victimhood in Audio-Visual Productions
Sofia Stolk andWouter Werner
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22
Historical Reasoning and Judicial Historiography in International Criminal Trials
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Section VII Anxieties
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26
International Criminal Tribunal Backlash
Henry Lovat
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27
The Crises and Critiques of International Criminal Justice
Sergey Vasiliev
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28
Hangman’s Perspective: Three Genres of Critique following Eichmann
Itamar Mann
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29
Inequality of Arms Reversed? Defendants in the Battle for Political Legitimacy
Marlies Glasius andTim Meijers
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26
International Criminal Tribunal Backlash
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Section VIII Boundaries
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30
International Criminal Law and the Subordination of Emancipation: The Question of Legal Hierarchy in Transitional Justice
Laurel E. Fletcher
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31
International Criminal Justice and Humanitarianism
Sara Kendall andSarah M. H. Nouwen
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32
International Criminal Law and Culture
W. L. Cheah
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33
The Core Crimes of International Criminal Law
Christine Schwöbel-Patel
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34
Transnational Crimes
Douglas Guilfoyle
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35
The Unity of International Criminal Law: A Socio-Legal View
Frédéric Mégret
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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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Section IX Future(s)
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End Matter
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January 2025 | 38 |
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January 2025 | 12 |
January 2025 | 9 |
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January 2025 | 33 |
January 2025 | 18 |
January 2025 | 9 |
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February 2025 | 19 |
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February 2025 | 4 |
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March 2025 | 5 |
March 2025 | 7 |
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March 2025 | 8 |
March 2025 | 8 |
March 2025 | 3 |
March 2025 | 6 |
March 2025 | 1 |
March 2025 | 8 |
March 2025 | 22 |
March 2025 | 38 |
March 2025 | 10 |
March 2025 | 1 |
March 2025 | 12 |
March 2025 | 1 |
March 2025 | 5 |
March 2025 | 24 |
March 2025 | 3 |
March 2025 | 12 |
March 2025 | 1 |
March 2025 | 3 |
March 2025 | 6 |
March 2025 | 3 |
March 2025 | 1 |
March 2025 | 21 |
March 2025 | 16 |
March 2025 | 8 |
March 2025 | 2 |
March 2025 | 5 |
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April 2025 | 1 |
April 2025 | 10 |
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April 2025 | 11 |
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April 2025 | 1 |
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April 2025 | 61 |
April 2025 | 5 |
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April 2025 | 19 |
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April 2025 | 2 |
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April 2025 | 1 |
April 2025 | 10 |
April 2025 | 2 |
April 2025 | 8 |
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