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International Criminal Tribunals and Domestic Accountability
In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level. Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, this book develops a tripartite framework to analyse how states ...
A Theory of Punishable Participation in Universal Crimes
This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and dom...
The Concept of Universal Crimes in International Law
This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.
The Universal Jurisdiction. A Legal Obligation?
Academic Paper from the year 2022 in the subject Law - European and International Law, Intellectual Properties, grade: A, INES Ruhengeri Institute of Applied Science, language: English, abstract: This article examines whether or not states have a legal obligation to prosecute international crimes committed abroad. In contrast to the mainstream literature, this article argues that there is an insufficient legal basis for affirming that a state has a legal obligation to prosecute war crimes, crimes against humanity, genocide and other similar crimes committed abroad. This conclusion is reached through an inquiry into relevance of judicial decisions that have played an important role in the development of the theory of universal jurisdiction. This work demonstrates that rare decisions that held that states have universal jurisdiction over crimes committed in foreign countries were taken arbitrarily and with an insufficient legal basis.
Historical Origins of International Criminal Law
The historical origins of international criminal law go beyond the key trials of Nuremberg and Tokyo but remain a topic that has not received comprehensive and systematic treatment. This anthology aims to address this lacuna by examining trials, proceedings, legal instruments and publications that may be said to be the building blocks of contemporary international criminal law. It aspires to generate new knowledge, broaden the common hinterland to international criminal law, and further develop this relatively young discipline of international law. The anthology and research project also seek to question our fundamental assumptions of international criminal law by going beyond the geographic...
