Genocide, crimes against humanity, war crimes, ethnic cleansing are terms which in recent years have entered common usage. The worst cases of these crimes seen in the Yugoslav secession conflict and the Rwandan slaughter resulted in attempts by the international legal community to initiate an international mechanism for establishing criminal accountability. In 1998, after many States signed the Rome Statute, it was expected that justice would prevail over state power and impunity be eliminated. However there is a serious question mark over the effectiveness of this process. That is the starting point for this collection. It is not an acclamatory collection that is meant to celebrate the undoubted advances of international criminal justice. The articles in the first part show the importance of comparative criminal law research to the development of international criminal justice, and in the second part they deal with the foundations, substantive and procedural aspects of international criminal law.
Table of Contents
Contents: Introduction; Part I Comparative Criminal Law: Harmonic convergence? Constitutional criminal procedure in an international context, Diane Marie Amann; The use of domestic sources as a basis for international criminal law principles, Michael Bohlander and Mark Findlay; The Iranian criminal justice under the Islamization project, Hassan Rezaei; Codifying Shari'a: international norms, legality and the freedom to invent new forms, Paul H. Robinson, Adnan Zulfiqar, Margaret Kammerud, Michael Orchowski, Elizabeth A. Gerlach, Adam L. Pollock, Thomas M. O'Brien, John C. Lin, Tom Stenson, Negar Katirai, J. John Lee and Marc Aaron Melzer; Traversing the rocky road of law reform in conflict and post conflict states: model codes for post conflict criminal justice as a tool of assistance, Vivienne O'Connor. Part II International Criminal Law: Foundations: The philosophy and policy of international criminal justice, M. Cherif Bassiouni; Global criminal justice: an idea whose time has passed, Jeremy Rabkin; Arab and Islamic Shari'a perspectives on the current system of international criminal justice, Adel Maged; Substantive: The expressive capacity of international punishment: the limits of the national law analogy and the potential of international criminal law, Robert D. Sloane; Drawing the boundaries of mens rea in the jurisprudence of the International Criminal Tribunal for the former Yugoslavia, Mohamed Elewa Badar; Prosecutor v. Dusko Tadic: waiting to exhale, Michael Bohlander; Genuine consent to sexual violence under international law, Wolfgang Schomburg and Ines Petersen; Procedural: The structure of international criminal procedure: 'adversarial', 'inquisitorial' or 'mixed', Kai Ambos; The trial proceedings before the ICC, Stefan Kirsch; International criminal tribunals and their power to punish contempt and false testimony, Michael Bohlander; Name Index.