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Domesticating International Criminal Law
This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the "Völkerstrafgesetzbuch", 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice. Following the adoption of the ICC Statute, many States, including Germany with the "Völkerstrafgesetzbuch", introduced specific legislation to incorporate int...
Corporate Liability and International Criminal Law
This book investigates whether corporate criminal liability should be incorporated within the scope of international criminal law. The work provides unique insight into the evolution of the debate on the international criminal liability of corporations to facilitate future discussion on the possibility of including corporations within the scope of international criminal law. It combines a detailed examination of Nuremberg and Rome with the examination of previously overlooked initiatives such as the Draft Code of Offences against Peace and Security of Mankind and the 1951 and 1953 Committees on International Criminal Jurisdiction. This analysis is also complemented by a review of significant...
Atrocity Labelling
Atrocity. Genocide. War crime. Crime Against Humanity. Such atrocity labels have been popularized among international lawmakers but with little insight offered into how and when these terms are applied and to what effect. What constitutes an event to be termed a genocide or war crime and what role does this play in the application of legal proceedings? Markus P. Beham, through an interdisciplinary and comparative approach, unpicks these terms to uncover their historical genesis and their implications for international criminal law initiatives concerned with atrocity. The book uniquely compares four specific case studies: Belgian colonial exploitation of the Congo, atrocities committed against the Herero and Nama in German South-West Africa, the Armenian genocide and the man-made Ukrainian famine of the 1930s. Encompassing international law, legal history, and discourse analysis, the concept of 'atrocity labelling' is used to capture the meaning underlying the work of international lawyers and prosecutors, historians and sociologists, agenda setters and policy makers.
Erdoğan’s Turkey
This book explores the role of religion in the transformation of Turkey under the reign of President Recep Tayyip Erdoğan and his Justice and Development Party (Adalet ve Kalkınma Partisi, AKP). It attempts to come to terms with the current political crisis in Turkey and the government’s move toward authoritarianism. The chapters included in this book examine various ideological, political and social factors that have driven the transformation of the AKP. The book seeks to answer questions about how and in what direction have the AKP’s objectives and strategies changed in the last two decades the party has been in power, and the divergence between professed ideals and practices. The bo...
Repressed, Remitted, Rejected
Since unification, the Federal Republic of Germany has made vaunted efforts to make amends for the crimes of the Third Reich. Yet it remains the case that the demands for restitution by many countries that were occupied during the Second World War are unresolved, and recent demands from Greece and Poland have only reignited old debates. This book reconstructs the German occupation of Poland and Greece and gives a thorough accounting of these debates. Working from the perspective of international law, it deepens the scholarly discourse around the issue, clarifying the ‘never-ending story’ of German reparations policy and making a principled call for further action. A compilation of primary sources comprising 125 annotated key texts (512 pages) on the complexity of reparations discussions covering the period between 1941 and the end of 2017 is available for free on the Berghahn Books website, doi: 10.3167/9781800732575.dd.
Convention on the Prevention and Punishment of the Crime of Genocide,
The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) has a special standing in international law and international politics. For 60 years, the crime of genocide has been recognised as the most horrendous crime in international law, famously designated the 'crime of crimes'. On the occasion of the 60th anniversary of its adoption the UN High Commissioner for Human Rights stated that 'genocide is the ultimate form of discrimination'. In the same context the chief prosecutor of the International Criminal Court described the Genocide Convention as a 'visionary and founding text for the Court'. The Convention has as such influenced the subsequent ...
Criminal Law Forum
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The Genocide Convention
This much anticipated second edition engages with the Genocide Convention's provisions on an article-by-article basis and illustrates how they contribute to the global fight against genocide. This book provides an in-depth analysis of the Convention's nineteen provisions. It gives authoritative guidance on the definition of genocide, the duties of states to prevent and punish it, and on the Convention's implementation regime. It takes into account new developments, including: · the rise of genocide-related proceedings before the International Court of Justice, including in high-profile cases between The Gambia and Myanmar and Ukraine and Russia; · new decisions, by national and international courts, specifying the scope of the prohibition against genocide; · recent case-law of the European Court of Human Rights bearing on genocide. Building on the success of the first edition, the book will be of interest to academics, students and practitioners working in international law, criminal law, genocide studies and human rights.
