Books by Terje Einarsen

This study is the second in a four-part series entitled "Rethinking the Essentials of International Criminal Law and Transitional Justice". The first volume - The Concept of Universal Crimes in International Law - explored the parameters and theories related to crimes under international law. This volume 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 domestic case law. They also analyse academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda, and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes an important contribution to a more coherent and practical understanding of international criminal law. The authors are recognised experts in the field, with many years of experience from academic, government and judicial service.

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.