Books published by Torkel Opsahl Academic EPublisher

Edited by Morten Bergsmo, Mark Klamberg, Kjersti Lohne and Christopher B. Mahony, this book comprehensively explores the role and manifestations of power in international criminal justice. Twenty chapters discuss this topic in four main parts: power in international criminal justice institutions (Part I), representational power in international criminal justice (Part II), state power and autonomy in international criminal justice (Part III), and non-state power and external agents in international criminal justice (Part IV). The book invites the crystallisation of a sociology of international criminal justice, and argues that among its focuses should be the wielding of power within and over international criminal justice institutions, just as this is a feature of sociology of law within several countries. The contributors to this anthology are Marina Aksenova, Mayesha Alam, Helena Anne Anolak, David Baragwanath, Morten Bergsmo, Mikkel Jarle Christensen, Marieke de Hoon, Djordje Djordjevic, Gregory S. Gordon, Jacopo Governa, Alexander Heinze, Emma Irving, Mark Klamberg, Sarah-Jane Koulen, Kjersti Lohne, Christopher B. Mahony, Jolana Makraiová, Jackson Nyamuya Maogoto, Benjamin Adesire Mugisho, Tosin Osasona, Sara Paiusco, Barrie Sander, Joachim J. Savelsberg, Jacob Sprang, Chris Tenove and Sergey Vasiliev. The chapters draw on papers presented at a conference held in Florence in October 2017 co-organized by the Centre for International Law Research and Policy (CILRAP) and the InternationalNuremberg Principles Academy.

This is the first book to comprehensively analyse integrity in international justice. Thirty-three chapters discuss in-depth the meaning of integrity, awareness and culture of integrity, the roles of international organizations and states as well as international courts in enhancing integrity, integrity as seen through the lens of cases, and the relationship between the principles of independence and integrity. The book considers integrity as a legally binding standard in international courts, while including perspectives from other disciplines such as philosophy, history, psychology and religion. It argues that respect for integrity among high officials and staff members is a prerequisite for international courts and other international organizations to fulfil their mandates. The authors include the prominent judges Hans Corell, Richard J. Goldstone, Hanne Sophie Greve, Ivana Hrdličková, Erik Møse and David Re, and 37 other leading actors and experts in the field of international justice: Adedeji Adekunle, Jonathan Agar, Marina Aksenova, Antonio Angotti, Mohamed Badar, Morten Bergsmo, Vieri Biondi, Julija Bogoeva, Emiliano J. Buis, Andrew T. Cayley CMG QC, Dieneke T. de Vos, Viviane E. Dittrich, David Donat Cattin, Gunnar Ekeløve-Slydal, Polona Florijančič, Jan Fougner, Shannon Fyfe, Gregory S. Gordon, Alexander Heinze, Marta Hirsch-Ziembinska, Brigid Inder OBE, Karim A.A. Khan, Cyril Laucci, Adel Maged, Teresa McHenry, Suhail Mohammed, Salim A. Nakhjavani, Juan Carlos Botero Navia, Matthias Neuner, Shan Patel, Adrian M. Plevin, Basil Saen, Bettina Julia Spilker, Christopher Staker, Ann Marie Ursini, Melissa Verpile and William H. Wiley.

Edited by Xabier Agirre Aranburu, Morten Bergsmo, Simon De Smet and Carsten Stahn, this 1,108-page book offers detailed analyses on how the investigation and preparation of fact-rich cases can be improved, both in national and international jurisdictions. Twenty-four chapters organized in five parts address, inter alia, evidence and analysis, systemic challenges in case-preparation, investigation plans as instruments of quality control, and judicial and prosecutorial participation in investigation and case-preparation. The authors include Antonio Angotti, Devasheesh Bais, Olympia Bekou, Gilbert Bitti, Leïla Bourguiba, Thijs B. Bouwknegt, Ewan Brown, Eleni Chaitidou, Cale Davis, Markus Eikel, Shreeyash Uday Lalit, Moa Lidén, Tor-Geir Myhrer, Trond Myklebust, Matthias Neuner, Christian Axboe Nielsen, Gilad Noam, Gavin Oxburgh, David Re, Alf Butenschøn Skre, Usha Tandon, William Webster and William H. Wiley, in addition to the four co-editors. There are also forewords by Fatou Bensouda and Manoj Kumar Sinha, and a prologue by Gregory S. Gordon. The book follows from a conference at the Indian Law Institute in New Delhi, and is the main outcome of the third leg of a research project of the Centre for International Law Research and Policy (CILRAP) known as the 'Quality Control Project'. Other books produced by the project are Quality Control in Fact-Finding (Second Edition, 2020) and Quality Control in Preliminary Examination: Volumes 1 and 2 (2018). Covering three distinct phases - documentation, preliminary examination and investigation - the volumes consider how the quality of each phase can be improved. Emphasis is placed on the nourishment of an individual mindset and institutional culture of quality control.

Edited by Dr. Viviane E. Dittrich, Prof. Kerstin von Lingen, Prof. Philipp Osten and Dr. Jolana Makraiova, this book concerns the 'International Military Tribunal for the Far East' (IMTFE), held in Tokyo from May 1946 to November 1948. It was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries, and a mixed Japanese-American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders, and diplomats, based on a 55-count indictment pertaining to crimes against peace, war crimes, and crimes against humanity. The judgment was not unanimous, with one majority judgment, two concurring opinions, and three dissenting opinions. The trial and the outcome were the subject of significant controversy and the Tribunal's files were subsequently shelved in the archives. While its counterpart in Europe, the 'International Military Tribunal' (IMT) at Nuremberg, has been at the centre of public and scholarly interest, the Tokyo Tribunal has more recently gained international scholarly attention. This volume combines perspectives from law, history, and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the 70th anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial.

This second volume in the series 'Philosophical Foundations of International Criminal Law' zooms in on some of the foundational concepts or principles of the discipline of international criminal law, with a view to exploring their Hinterland beyond the traditional doctrinal discourse. It contains eight chapters on concepts such as sovereignty, global criminal justice, international criminal responsibility for individuals, punishment, impunity and truth. Among the authors in this book are Christoph Burchard, Christopher B. Mahony, Milinda Banerjee, CHAO Yi, Javier Dondé-Matute, Barrie Sander, Max Pensky and Shannon E. Fyfe. The first volume in the series - Philosophical Foundations of International Criminal Law: Correlating Thinkers - correlates the writings of leading philosophers with international criminal law, including chapters on Plato, Cicero, Ulpian, Aquinas, Grotius, Hobbes, Locke, Vattel, Kant, Bentham, Hegel, Durkheim, Gandhi, Kelsen, Wittgenstein, Lemkin, Arendt and Foucault. A third volume - Philosophical Foundations of International Criminal Law: Legally Protected Interests - discusses the main values protected by the discipline and which should be added. These books do not develop or promote a particular philosophy or theory of international criminal law. Rather, they see philosophy of international criminal law as a discourse space, which includes a) correlational or historical, b) conceptual or analytical, and c) interest- or value-based approaches.

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 first volume in the series 'Philosophical Foundations of International Criminal Law' correlates the writings of leading philosophers with international criminal law. The chapters discuss thinkers such as Plato, Cicero, Ulpian, Aquinas, Grotius, Hobbes, Locke, Vattel, Kant, Bentham, Hegel, Durkheim, Gandhi, Kelsen, Wittgenstein, Lemkin, Arendt and Foucault. As a sub-discipline of philosophy of international criminal law starts to emerge - giving the discipline deeper roots - such thinkers should not be excluded. The book does not develop or promote a particular philosophy or theory of international criminal law. Rather, it sees philosophy of international criminal law as a discourse space, which includes a) correlational or historical, b) conceptual or analytical, and c) interest- or value-based approaches. The sister-volumes Philosophical Foundations of International Criminal Law: Foundational Concepts and Philosophical Foundations of International Criminal Law: Legally Protected Interests seek to address b) and c). Among the authors in this book are Madan B. Lokur, Gregory S. Gordon, Pedro Lopez Barja de Quiroga, Kaius Tuori, Hanne Sophie Greve, Tallyn Gray, Pablo Kalmanovitz, Juan Paulo Branco Lopez, Daniel N. Clay, Elisabetta Fiocchi Malaspina, Alexander Heinze, Gunnar Ekeløve-Slydal, Sergio Dellavalle, Carlos Augusto Canedo Gonçalves da Silva, Aléxia Alvim Machado Faria, Abraham Joseph, Jochen von Bernstorff, Jaroslav V¿trovský, Mark Drumbl, Djordje Djordjevi¿, Nora Helene Bergsmo and the editors.

Mindful of alleged and proven core international crimes committed within the mainly-Muslim world, this book explores international criminal law and justice in Islamic legal, social, philosophical and political contexts. Discussing how law and justice can operate across cultural and legal plurality, leading Muslim jurists and scholars emphasize parallels between civilizations and legal traditions, demonstrating how the Islamic 'legal family' finds common ground with international criminal law. The book analyses questions such as: How do Islamic legal traditions impact on state practice? What constitutes authority and legitimacy? Is international criminal law truly universal, or too Western to render this claim sustainable? Which challenges does mass violence in the Islamic world present to the theory and practice of Islamic law and international criminal law? What can be done to encourage mainly-Muslim states to join the International Criminal Court? Offering a way to contemplate law and justice in context, this volume shows that scholarship across 'legal families' is a two-way street that can enrich both traditions. The book is a rare resource for practitioners dealing with accountability for atrocity crimes, and academics interested in opening debates in legal scholarship across the Muslim and non-Muslim worlds.The book contains chapters by the editor, Onder Bakircioglu, Mashood A. Baderin, Asma Afsaruddin, Abdelrahman Afi fi , Ahmed Al-Dawoody, Siraj Khan, Shaheen Sardar Ali and Satwant Kaur Heer, and Mohamed Elewa Badar, in that order. The book is published in the Nuremberg Academy Series.

This is the first of two volumes on quality control during pre-investigation or preliminary examination. It promotes an awareness and culture of quality control, including freedom and motivation to challenge the quality of work. With 35 chapters by 47 authors, the two volumes form the leading work on preliminary examination.

This is the second of two volumes on quality control in pre-investigation or preliminary examination. It promotes an awareness and culture of quality control, including freedom and motivation to challenge the quality of work. With 35 chapters and 47 authors, it is the leading work on preliminary examinations in criminal justice.

This monograph proposes criteria for validity and plausibility of counterfactual analyses. The wars in Bosnia and Herzegovina in the 1990s have shaped key international legal regimes and our thinking on conflict resolution. The book discusses three counterfactual hypotheses about how the conflicts could have been stopped earlier.

Current European strategy restates the importance of rule-of-law principles and sanctions countries that do not comply. This volume shows that a singular rule of law strategy may fail. Europe should make a more future-proof strategy that takes properly into account that other great powers may not easily come around to her view.

This monograph -- written by an historian and Norwegian diplomat -- considers the past Westphalian Paradigm and present Popular Sovereign Paradigm of the international order, and discusses possible elements of a new paradigm for a global order suitable to address contemporary problems that transcend national borders.

Rather than focusing on international legal obligations to investigate and prosecute crimes against humanity and war crimes, this innovative book looks at the self-interests of security organisations and their members in compliance and accountability.

This anthology analyses the need for abbreviated criminal procedures for less serious core international crimes in countries that have opened more case files than criminal justice can handle through regular trials. It suggests that ideas can be found in national procedural law. It presupposes that such procedures respect human rights standards.

This volume is about the birth of the Office of the Prosecutor of the International Criminal Court. It contains materials on the 2002-2003 preparatory team for the Office, including draft governance documents and opinions by experts who were consulted. Chapter 1 gives an overview analysis by the co-ordinator of the team, Professor Morten Bergsmo.

This fourth volume in the series Historical Origins of International Criminal Law concentrates on institutional contributions to the development of international criminal law rather than taking a chronological (Volumes 1 and 2) or doctrinal (Volume 3) approach. It analyses contributions made by institutions such as the Nuremberg, Tokyo, ex-Yugoslavia and Rwanda tribunals, INTERPOL, the International Association of Penal Law, the Far Eastern and Pacific Sub-Commission, and internationalised fact-finding mandates. It considers the role played by some jurisdictional principles and work methods of international and national institutions. Part 4 also looks at wider trends in the development of international criminal law. The contributors include Wegger Christian Strømmen, LING Yan, Anuradha Bakshi, ZHU Wenqi, Volker Nerlich, David Re, LIU Daqun, Serge Brammertz, Kevin C. Hughes, Patricia Pinto Soares, Mareike Schomerus, Seta Makoto, Natalia M. Luterstein, Hilde Farthofer, Itai Apter, Md. Mostafa Hosain, Helge Brunborg, Mutoy Mubiala, Yaron Gottlieb, Mark A. Lewis, Marquise Lee Houle, Tina Dolgopol, Rahmat Mohamad, Barrie Sander, Furuya Shuichi, Chris Mahony, ZHANG Binxin and the editors. In his foreword, Wegger Christian Strømmen notes that the four-volume project "draws our attention to the common legacy and interests at the core of international criminal law. By creating a discourse community with more than 100 scholars from around the world, [CILRAP] has set in motion a wider process that will serve as a reminder of the importance of the basics of international criminal law".

This volume carries on the "comprehensive and critical mapping of international criminal law's origins" started by the previous two volumes. Twenty-seven authors investigate the evolution of legal doctrines and pertinent historical events, many in an attempt to inform contemporary theory and practice. Contributors include Narinder Singh, Eivind S. Homme, Manoj Kumar Sinha, Emiliano J. Buis, Shavana Musa, Jens Iverson, Gregory S. Gordon, Benjamin E. Brockman-Hawe, William Schabas, Patryk I. Labuda, GUO Yang, Philipp Ambach, Helen Brady, Ryan Liss, Sheila Paylan, Agnieszka Klonowiecka-Milart, Meagan Wong, Marina Aksenova, Zahra Kesmati, Chantal Meloni, Hitomi Takemura, Hae Kyung Kim, ZHANG Binxin, Morten Bergsmo, CHEAH Wui Ling, SONG Tianying and YI Ping. Part 1 of the book further expands the landscape of international criminal law in terms of geography, time and diversity of legal concepts in their early forms. Parts 2 and 3 turn to the origins and evolution of specific doctrines of international criminal law. Part 2 explores four core international crimes: war crimes, crimes against humanity, genocide, and aggression. Part 3 examines doctrines on individual criminal responsibility: modes of liability, grounds of criminal defence, and sentencing criteria. The doctrine-based approach allows vertical consolidation within a concept. The chapters also identify common and timeless tensions in international criminal law, symptomatic of ongoing struggles, offering parameters for assessment and action.

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 geographical, cultural, and temporal limits set by the traditional narratives of its history, and by questioning the roots of its substance, process, and institutions. Ultimately, we hope to raise awareness and generate further discussion about the historical and intellectual origins of international criminal law and its social function. The contributions to the three volumes of this study bring together experts with different professional and disciplinary expertise, from diverse continents and legal traditions. Volume 2 comprises contributions by prominent international lawyers and researchers including Professor LING Yan, Professor Neil Boister, Professor Nina H.B. Jørgensen, Professor Ditlev Tamm and Professor Mark Drumbl.

This book offers analyses of historical war crimes trials in Asia from a variety of perspectives. Compared to their counterparts in Europe, the post-WWII war crimes trials in Asia have received much less attention. This is especially true for domestic trials by national authorities in Asia. This book attempts to contribute to the recent trend of uncovering and digging deeper into these trials, with a focus on the Tokyo trial and trials held in China. Sixteen authors from Asia as well as other parts of the world are among the contributors: XUE Ru, ZHU Dan, Yuma Totani, David Cohen, GAO Xiudong, LIU Daqun, WANG Xintong, YANG Lijun, ZHANG Tianshu, ZHANG Binxin, GAO Hong, LI Dan, Nina H.B. Jørgensen, Crystal Yeung, Suzannah Linton, and Guido Acquaviva. The book examines the historical trials from different perspectives, including the legal concepts used and debates that took place; the influence of the trials within a broader social context, both at their time and later; the collection of evidence; and preservation, compilation and research of historical documents. It not only analyses the trials in their historical and social contexts, but emphasises their present day significance, also as regards the prevention of core international crimes, especially in Asia. The book offers insights on retaining and compiling historical materials concerning these trials as important historical records and new developments in evidence collection in contemporary international criminal courts.

Widely recognized as a leading book on prosecutorial discretion, this volume discusses whether criminal justice can and should prioritize some types of crime, such as the targeting of women or children. The book is indispensable for those interested in thematic prosecution or prioritization of cases.

In this book, Wolfgang Kaleck, an internationally active human rights and criminal lawyer, assesses the practice of international criminal law to date and analyses one of its main weaknesses: International criminal justice purports to be universal, but in reality it often operates in a politically selective manner. Until now, hardly any of those most responsible for international crimes committed by Western states have faced trial. Against the backdrop of this criticism, the book advocates a truly universal practice of international criminal law which holds even the most powerful accountable for crimes they have committed. Kaleck also tells the stories of survivors of human rights violations and human rights organizations that struggle for universal accountability for international crimes. He argues that the proponents of universal criminal justice must actively address existing double standards, as "it will not be possible to speak of a universal criminal justice system with equal rights and access to justice for all until the instigators and organizers of Guantánamo and of the atrocities in Chechnya are held accountable for their actions".

This book provides legal commentary on every article of the Statute of the International Criminal Court. The text is written by 45 experts from 18 countries. Case law and other sources relevant to the interpretation of the Statute are discussed and referenced.

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 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 consolidate 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 geographical, cultural, and temporal limits set by the traditional narratives of its history, and by questioning the roots of its substance, process, and institutions. Ultimately, we hope to raise awareness and generate further discussion about the historical and intellectual origins of international criminal law and its social function. The contributions to the three volumes of this study bring together experts with different professional and disciplinary expertise, from diverse continents and legal traditions. Volume 1 comprises contributions by prominent international lawyers and researchers including Judge LIU Daqun, Professor David Cohen, Geoffrey Robertson QC, Professor Paulus Mevis and Professor Jan Reijntjes.

This anthology is about the need for and nature of a convention on crimes against humanity. It uses the Proposed Convention on the Prevention and Punishment of Crimes Against Humanity as an important reference point. 16 authors discuss how such a convention may consolidate the definition of crimes against humanity, and develop measures for their prevention and punishment, decades after the conclusion of the Genocide Convention and Geneva Conventions. The authors include Leila N. Sadat, Eleni Chaitidou, Darryl Robinson, María Luisa Piqué, Travis Weber, Julie Pasch, Rhea Brathwaite, Christen Price, Rita Maxwell, Mary Kate Whalen, Ian Kennedy, SHANG Weiwei, ZHANG Yueyao and Tessa Bolton. It contains a preface by late Judge Hans-Peter Kaul and a foreword by Hans Corell. The book is inspired by the rationale of crimes against humanity to protect against the most serious violations of fundamental individual rights, and its realization especially through domestic mechanisms. Such consciousness calls upon appropriate definition and use of contexual elements of the crime, effective jurisdiction for prevention and prosecution, and robust inter-State co-operation. The book considers individual State experiences in combating crimes against humanity. It underlines the importance of avoiding that the process to develop a new convention waters down the law of crimes against humanity or causes further polarisation between States in the area of international criminal law. It suggests that the scope of the obligation to prevent crimes against humanity will become a decisive question.

This book explores whether international criminal tribunals have a deterrent effect.