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2012

Criminal Law

Contents
We are pleased to present our Criminal Law Catalog 2012, for your conveniences we have included highlights from previous years. 2011 and 2012 titles can be easily identified. New in 2012 is the book series International Criminal Law Series edited by M. Cherif Bassiouni. This new book series will feature books, monographs and collection of essays on current issues of international criminal law to advance scholarly and practitioner understanding of the discipline of International Criminal Law. More information can be found on page 31 of this catalog. If you would like to search across the full range of titles published by Brill | Martinus Nijhoff, please refer to the catalog section of our web site at brill.nl. To stay informed throughout the year about our latest titles in International Law, Human Rights and International Relations and to receive special discount opportunities and free trial offers, please subscribe to the monthly Law email newsletter by visiting the special email newsletter page at brill.nl/emailnewsletters. We hope you will enjoy browsing this catalog and will be a regular visitor to brill.nl. Anja van Hoek Marketing at Brill marketing@brill

Reference Works

11 Book Series 30 International Criminal Law 36 International Human Rights Law 38 Law and International Law 42 Journals 34 Authors Index 47 Order Information and Contact Page

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Reference Works

The Law Reports of the Special Court for Sierra Leone


2012 title

Volume 1: Prosecutor v. Brima, Kamara and Kanu (The AFRC Case)


Edited by Charles C. Jalloh and Simon M. Meisenberg The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. The tribunal has tried various persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing greatest responsibility for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. This volume, which consists of two books with a CD-ROM and is edited by two legal experts on the Sierra Leone court, presents, for the first time in a single place, a comprehensive collection of all the interlocutory decisions and final trial and appeals judgments issued by the court in the case Prosecutor v. Brima, Kamara and Kanu. It contains the full text of all substantive judicial decisions, including the majority, separate and concurring as well as dissenting opinions. It additionally provides relevant information for a better understanding of the case, such as the indictments, a list of admitted exhibits and a list of documents on the case file. The book, which is only the first in a series of edited law reports that will capture the entire jurisprudential legacy of the tribunal, fills the gap for a single and authoritative reference source of the tribunals jurisprudence. It is intended for national and international judges, lawyers, academics, students and other researchers as well as transitional justice practitioners in courts, tribunals and truth commissions as well as anyone seeking an accurate record of the trials conducted by the Special Court for Sierra Leone.

July 2012 ISBN 978 90 04 18911 9 Hardback (2033 pp., 2 volume set with CD-ROM) List price EUR 450.- / US$ 617. Imprint: Martinus Nijhoff

criminal law

Legislating for Equality


2012 title

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A Multinational Collection of Non-Discrimination Norms. Volume I: Europe


Edited by Talia Naamat, Dina Porat and Nina Osin This unique collection offers a survey of legal and legislative means to combat racism, xenophobia, anti-semitism and other forms of related intolerance. Its aim is threefold: 1) to provide a legal model for fighting racism, xenophobia, anti-semitism and discrimination through domestic legislation; 2) to compare existing national legislation with international legal instruments designed to combat racial and other forms of discrimination, in order to bring domestic laws into line with international legal norms; 3) to provide a tool for researchers, legislators, human rights activists and all those who work to protect the rights of minorities and victims of incitement and discrimination, as well as for domestic and international institutions, which monitor compliance with these laws. The survey thus constitutes a major contribution to the study of racism and anti-semitism because it demonstrates how these phenomena can be fought through the medium of the law. Each volume consists of two sections: the first, containing international conventions; the second, and main section, containing current constitutional law, specific legislation and ratification of international conventions in (over 200) individual states. Volume 1 deals with Europe; Volume 2 with the Americas; Volume 3 with Africa and Volume 4 with Asia and the South Pacific.

July 2012 ISBN 978 90 04 22612 8 Hardback (i-xiv, 504 pp.) List price EUR 175.- / US$ 240. Imprint: Martinus Nijhoff

Reference Works

A Commentary on the United Nations Convention on the Rights of the Child


Edited by A. Alen, J. Vande Lanotte, E. Verhellen, F. Ang, E. Berghmans, M. Verheyde and Bruce Abramson For more information please visit brill.nl/cunc This Commentary is legal in nature and provides an article by article analysis of all substantive, organizational and procedural provisions of the United Nations Convention on the Rights of the Child and its two optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. Each chapter is written by an expert in the field of human rights.The commentary is widely needed by actors in the field of childrens rights, including academics, students, lawyers, judges, grass roots workers, governmental, nongovernmental and international officers. A better understanding of the Conventions provisions will further the realisation of childrens rights in all parts of the world. ISSN 1574-8626

Format

The Commentary will be published as a part-work, and when completed, aims to offer the subscriber the most comprehensive, in-depth and practical reference work currently available on the United Nations Convention on the Rights of the Child. Each chapter will be produced as a separate fascicle consisting of (on average) 40 pages, and will follow a clear and standard layout; fascicles will be produced in paperback form, and will be published and sent to subscribers on a regular basis.

criminal law

Article 40: Child Criminal Justice


Geraldine Van Bueren
This volume constitutes a commentary on Article 40 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of childrens rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office. Full table of contents available on brill.nl/cunc

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November 2005 ISBN 978 90 04 14888 8 Paperback (60 pp.) List price EUR 74.- / US$ 103. A Commentary on the United Nations Convention on the Rights of the Child, 40 Imprint: Martinus Nijhoff

Reference Works

Article 37: Prohibition of Torture, Death Penalty, Life Imprisonment and Deprivation of Liberty
William Schabas and Helmut Sax
This volume constitutes a commentary on Article 37 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of childrens rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office. Full table of contents available on brill.nl/cunc

March 2006 ISBN 978 90 04 14886 4 Paperback (xii, 100 pp.) List price EUR 74.- / US$ 103. A Commentary on the United Nations Convention on the Rights of the Child, 37 Imprint: Martinus Nijhoff

criminal law

Article 34: Sexual Exploitation and Sexual Abuse of Children


Vitit Muntarbhorn
This volume constitutes a commentary on Article 34 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of childrens rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office. Full table of contents available on brill.nl/cunc

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February 2007 ISBN 978 90 04 14884 0 Paperback (xii, 44 pp.) List price EUR 74.- / US$ 103. A Commentary on the United Nations Convention on the Rights of the Child, 34 Imprint: Martinus Nijhoff

Reference Works

Article 33: Protection from Narcotic Drugs and Psychotropic Substances


Damon Barrett and Philip E. Veerman
This volume constitutes a commentary on Article 33 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of childrens rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office. Full table of contents available on brill.nl/cunc

March 2012 ISBN 978 90 04 14732 4 Paperback (xiv, 94 pp.) List price EUR 73.- / US$ 100. A Commentary on the United Nations Convention on the Rights of the Child, 33 Imprint: Martinus Nijhoff
criminal law

Article 32: Protection from Economic Exploitation


2012 title

Lee Swepston
This volume constitutes a commentary on Article 32 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of childrens rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office. Full table of contents available on brill.nl/cunc

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July 2012 ISBN 978 90 04 14883 3 Paperback (xii, 36 pp.) List price EUR 73.- / US$ 100. A Commentary on the United Nations Convention on the Rights of the Child, 32 Imprint: Martinus Nijhoff

Reference Works

2012 title

Article 5: The Childs Right to Appropriate Direction and Guidance


Garton Kamchedzera
This volume constitutes a commentary on Article 5 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of childrens rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office. Full table of contents available on brill.nl/cunc

May 2012 ISBN 978 90 04 14862 8 Paperback (xii, 44 pp.) List price EUR 73.- / US$ 100. A Commentary on the United Nations Convention on the Rights of the Child, 5 Imprint: Martinus Nijhoff

criminal law

Global Responsibility to Protect


Edited by Alex J. Bellamy, Sara E. Davies and Luke Glanville 2012: Volume 4 (in 4 issues) ISSN 1875-9858 / E-ISSN 1875-984X Institutional subscription rates Electronic only: EUR 234.- / US$ 328.Print only: EUR 257.- / US$ 361.Electronic + Print: EUR 281.- / US$ 393. Individual subscription rates Print only: EUR 74.- / US$ 104.For more information see page 43, or visit us at brill.nl/gr2p

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Reference Works

Code annot de la Cour pnale internationale


Edited by Cyril Laucci For more information please visit brill.nl/ccpi Le Code annot de la Cour pnale internationale est une collection dans laquelle, en fonction du nombre de dcisions rendues par la Cour dans lavenir, un nouveau volume sera publi chaque anne ou tous les deux ans. Le Code propose une slection des extraits les plus pertinents des dcisions publiques rendues par la Cour. Les extraits proposs ont t slectionns sur la base des critres suivants : 1) extraits qui clarifient un point de droit, interprtent lune des dispositions statutaires de la Cour ; 2) extraits qui montrent comment une rgle spcifique est concrtement applique par la Cour ; 3) extraits pertinents du point de vue de lvolution de la justice internationale, des droits de lhomme, du droit international humanitaire
criminal law

Les extraits sont proposs dans leur version franaise officielle, chaque fois quelle est disponible ou dans leur version anglaise originale. Dans tous les cas, un rsum en franais identifie de faon claire lapport de lextrait par rapport aux critres de slection. Les extraits sont classifis par rapport la disposition statutaire (article du Statut, rgle du Rglement de procdure et de preuve, norme du Rglement de la Cour) laquelle ils se rapportent. Un numro didentification rapide facilite le renvoi aux extraits des autres dcisions slectionns dans le prsent volume. La prsente collection de Codes annots est avant tout conue comme un outil lusage des praticiens du droit pnal international et des universitaires, qui, grce au numro didentification rapide et lindex thmatique, y trouveront le moyen didentifier immdiatement les extraits les plus pertinents de la jurisprudence de la Cour sur chaque sujet.

Code annot de la Cour pnale internationale, 2008


Cyril Laucci
Le Code annot de la Cour pnale internationale (2008) est le troisime volume dune collection annuelle. Il propose une slection des extraits les plus pertinents des dcisions publiques rendues par la Cour en 2008. 2008 marque un tournant majeur dans lacitivit judiciaire de la Cour. 472 dcisions dlivres, ou rendues publiques, en 2008 ont t analyses au cours de la prparation du prsent volume, ce qui constitue une augmentation suprieure 100% par rapport au nombre de dcisions rendues au cours de lanne prcdente. Ces dcisions addressent certains thmes majeurs tels que les lments constitutifs des crimes contre lhumanit et des crimes de guerre, le droit des victimes participer aux diffrents stades de la procdure devant la Cour, les droits de la dfense - en particulier les garanties du procs quitable et lobligation faite au Procureur de communiquer la Dfense la totalit des lments de preuve potentiellement dcharge en sa possession -, etc. Lanne est galement marque par deux nouvelles arrestations, une en relation avec la situation en Rpublique dmocratique du Congo (Mathieu Ngudjolo Chui), lautre en relation avec la situation en Rpublique Centrafricaine (Jean-Pierre Bemba) et la confirmation des charges dans le premier dossier joint Le Procureur c. Katanga et Ngudjolo. Enfin, 2008 constitue lanne de prparation des deux premiers procs devant la Cour. La collection de Codes annots est conue comme un outil de rfrence lattention des praticiens du droit pnal international et des universitaires. Full table of contents available on brill.nl/ccpi

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April 2012 ISBN 978 90 04 18259 2 Hardback (861 pp.) List price EUR 195.- / US$ 271. Code annot de la Cour pnale internationale, 3 Imprint: Martinus Nijhoff

Reference Works

Judicial Reports / Recueils judiciaires


International Criminal Tribunal for the Former Yugosloavia / Tribunal Pnal International pour lex-Yougoslavie
For more information please visit brill.nl/icty The Judicial Reports/Recueils judiciaires of the International Criminal Tribunal for the former Yugoslavia (ICTY) comprise (in English and French) all Judgments by both Trial Chambers and the Appeals Chamber as well as their most significant Decisions and Orders issued in a given year.

Judicial Reports / Recueils judiciaires, 1999


International Criminal Tribunal for the Former Yugoslavia / Tribunal Pnal International pour lex-Yougoslavie
The Judicial Reports/Recueils judiciaires of the International Criminal Tribunal for the former Yugoslavia (ICTY) comprise (in English and French) all Judgments by both Trial Chambers and the Appeals Chamber as well as their most significant Decisions and Orders issued in a given year. The publication is aimed at giving lawyers, scholars, students and the general public convenient access to the historic work of the ICTY, which was established pursuant to United Nations Security Council Resolution 827 in 1993 to try individuals accused of serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991. The Judicial Reports are organized chronologically by case. Within each case, one will find the selected materials, including separate and/or dissenting opinions that may accompany a given Trial Chamber or Appeals Chamber ruling. The Judicial Reports will contribute to a greater knowledge of the judicial activities of the ICTY. Various annexes, such as various tables of cases and a table of references will facilitate the use of these volumes. Biographical note Available through the United Nations, UN Sales No. E/F.06.III.P.2

criminal law

July 2010 ISBN 978 90 04 17145 9 Hardback (1158 pp.) List price EUR 638.- / US$ 887. Judicial Reports / Recueils judiciaires, 6 Imprint: Martinus Nijhoff

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Subscribe to Brills International Law and Human Rights Newsletter


The free email bulletin will keep you up-to-date on all developments in our International Law and Human Rights list: recently published and forthcoming titles, reference works, books and journals news about conferences and events special offers and much more Go to brill.nl/newsletters for a full overview and to subscribe to the International Law and Human Rights Newsletter.

Reference Works

The Travaux Prparatoires of Multilateral Treaties


For more information please visit brill.nl/tpmt This series offers insight into the drafing history of a number of the most important multilateral treaties. ISSN 1875-9807

The Genocide Convention: The Travaux Prparatoires (2 vols)


Hirad Abtahi and Philippa Webb
This work gathers together for the first time in a single publication the records of the multitude of meetings which, in the context of the newly established United Nations, led to the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide on 9 December 1948. This work will enable academics and practitioners easy access to the Genocide Conventions travaux prparatoires an endeavour that has until now proven extremely difficult. This work will be of paramount importance for the international adjudication of the crime of genocide insofar as recourse to the general rule of interpretation and the supplementary means of interpretation under the 1969 Vienna Convention on the Law of Treaties is concerned.

December 2008 ISBN 978 90 04 16418 5 Hardback (vol1, xxxviii, 1252. vol 2, xvi, 965) List price EUR 427.- / US$ 594. The Travaux Prparatoires of Multilateral Treaties, 2 Imprint: Martinus Nijhoff

criminal law

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The Slavery Conventions


The Travaux Prparatoires of the 1926 League of Nations Convention and the 1956 United Nations Convention
Jean Allain
Establishing the drafting history of the 1926 and 1956 Slavery Conventions, this book sets out the legal parameters of slavery and provides insights into the legal obligations undertaken by States as they were understood at the time of negotiation. June 2008 ISBN 978 90 04 15861 0 Hardback (xx, 828 pp.) List price EUR 226.- / US$ 314. The Travaux Prparatoires of Multilateral Treaties, 1 Imprint: Martinus Nijhoff I commend Allains work highly on this subject and in turn recommend this text as an addition/acquisition to any human rights library or collection of works pertaining to this very important subject. Any human rights enthusiast will appreciate its worth on perusal. Michael Simon, May 2009, Human Rights Book Review

Table of Contents

Preface; Acknowledgements; The Slavery Conventions; 1926 League of Nations Slavery Convention; 1953 Protocol Amending the 1926 Slavery Convention; 1956 United Nations Supplementary Convention; Appendices; Index.

Book Series

Immigration and Asylum Law and Policy in Europe


Edited by Jan Niessen and Elspeth Guild For more information please visit brill.nl/ialp The series is a venue for books on European immigration and asylum law and policies where academics, policy makers, law practitioners and others look to find detailed analysis of this dynamic field. Works in the series will start from a European perspective. The increased co-operation within the European Union and the Council of Europe on matters related to immigration and asylum requires the publication of ISSN 1568-2749 theoretical and empirical research. The series will contribute to well-informed policy debates by analyzing and interpreting the evolving European legislation and its effects on national law and policies. The series brings together the various stakeholders in these policy debates: the legal profession, researchers, employers, trade unions, human rights and other civil society organizations.

Evidence in European Asylum Procedures


2012 title

Ida Staffans
Evidentiary assessment holds a central position in all forms of judicial decision-making. Also the asylum procedure is dependent on solutions made in theory and practice regarding evidentiary issues. This book explores the particular framework of evidentiary assessment in selected European appellate asylum procedures and discusses the relationship between these procedures, on the one hand, and between these procedures and other legal systems, including the EU legal order, on the other. Conclusions are made regarding the similarities and differences between the German, English and Finnish asylum procedures and the position and impact of European legal norms on the national procedures. The book further discusses possibilities for harmonization and the future work towards a Common European Asylum System. Full table of contents available on brill.nl/ialp

criminal law

April 2012 ISBN 978 90 04 21996 0 Hardback (xiv, 292 pp) List price EUR 96.- / US$ 132. Immigration and Asylum Law and Policy in Europe, 25 Imprint: Martinus Nijhoff

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Immigration Detention and Human Rights


Rethinking Territorial Sovereignty
Galina Cornelisse
Practices of immigration detention are largely resistant to conventional forms of legal correction because contemporary liberal democracies justify these practices with an appeal to their territorial sovereignty, a concept that thwarts the very communicability of individual interests in modern constitutionalism. However, this book argues that human rights in the specific context of immigration detention can function as destabilisation rights, subjecting to full legal scrutiny those claims that the national state presents as predominantly based on its territorial sovereignty. The resulting destabilisation of territorial sovereignty in both domestic and international constitutionalism will have ramifications for a number of instruments of migration control, the perceived necessity and legitimacy of which is almost exclusively based on the self-referential notion of territorial sovereignty. Full table of contents available on brill.nl/ialp

March 2010 ISBN 978 90 04 17370 5 Hardback (402 pp.) List price EUR 133.- / US$ 185. Immigration and Asylum Law and Policy in Europe, 19 Imprint: Martinus Nijhoff

Book Series

International and Comparative Criminal Law Series


Edited by M. Cherif Bassiouni For more information please visit brill.nl/iccl ISSN 1873-6629

2011 title

International Crimes and Other Gross Human Rights Violations


A Multi- and Interdisciplinary Textbook
Alette Smeulers and Fred Grnfeld
International crimes such as genocide, crimes against humanity and war crimes as well as other gross human rights violations are manifestations of collective violence which endanger international peace and security. and warrant our full attention. It however takes a multi- and interdisciplinary approach to understand the true nature and causes of this type of criminality. The aim of this book is to take such an approach and to provide university students, scholars, professionals and practitioners within the field with the knowledge they need. The legal background and particularities of international crimes; the social context in which these crimes are committed as well as the perpetrators and bystanders thereof are studied. Within the book many case studies are presented as illustrations. Full table of contents available on brill.nl/iccl

July 2011 ISBN 978 90 04 20804 9 Hardback (542 pp.) List price EUR 133.- / US$ 182. International and Comparative Criminal Law Series, 32 Imprint: Martinus Nijhoff

criminal law

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A Guide to Documents on the Arab-Palestinian/Israeli Conflict: 1897-2008


M. Cherif Bassiouni and Shlomo Ben Ami
A Guide to Documents on the Arab-Palestinian/Israeli Conflicts: 1897-2008, is a comprehensive non-partisan compilation designed to provide relevant legal and historical source material pertaining to this conflict. Each document is summarized for the readers benefit. The compilation contains all United Nations Resolutions and Reports, Treaties and Agreements, as well as historic documents that are difficult to obtain. To put the conflict into perspective, a chronology of events is provided, followed by an objective analysis of the historical background, including discussion of the various phases of the conflict, strategic considerations, and an analysis of the prospects for peace. The 690 documents summarized with official citations are the most extensive compilation covering the period from 1897 through 2008, including some key texts on Jerusalem dating back to earlier times. The documents are organized according to the conflicts major topic areas with introductory notes for each part and section. M. Cherif Bassiouni and Shlomo Ben Ami have had a long history of involvement in the peace process. Their combined expertise and personal experiences add a unique dimension to this book that will provide anyone interested in the conflict with a distinct easy-to-use comprehensive compilation of relevant documents. Full table of contents available on brill.nl/iccl

April 2009 ISBN 978 90 04 17534 1 Paperback (324 pp.) List price EUR 82.- / US$ 114. International and Comparative Criminal Law Series, 29 Imprint: Martinus Nijhoff

Book Series

International Humanitarian Law Series


Editors-in-Chief: Christopher Greenwood and Timothy L.H. McCormack For more information please visit brill.nl/ihul The International Humanitarian Law Series is a series of monographs and edited volumes which aims to promote scholarly analysis and discussion of both the theory and practice of the international legal regulation of armed conflict. The series explores substantive issues of International Humanitarian Law including, - protection for victims of armed conflict and regulation of the means and methods of warfare; - questions of application of the various legal regimes for the conduct of armed ISSN 1389-6776 conflict; - issues relating to the implementation of International Humanitarian Law obligations; - national and international approaches to the enforcement of the law; and - the interactions between International Humanitarian Law and other related areas of international law such as Human Rights, Refugee Law, Arms Control and Disarmament Law, and International Criminal Law.

Elements of Accessorial Modes of Liability


2012 title

Articles 25 (3)(b) & (c) of the Rome Statute of the International Criminal Court
criminal law

Sarah Finnin
This volume continues the work of the Preparatory Commission of the International Criminal Court by developing elements for ordering, instigating and aiding and abetting the commission of international crimes under Article 25(3)(b) and (c) of the Rome Statute. The development of proposed elements for these accessorial modes of liability is necessary because while detailed elements for the substantive crimes within the jurisdiction of the Court were identified in the Elements of Crimes, no such elements were elaborated for the modes of liability in those crimes. The proposed elements in this volume break new ground and are designed to assist the ICC in applying the provisions of the Rome Statute to the cases before it for trial with consistency and accuracy. Full table of contents available on brill.nl/ihul

September 2012 ISBN 978 90 04 22807 8 Hardback (xxxiv, 234 pp.) List price EUR 165.- / US$ 226. International Humanitarian Law Series, 38 Imprint: Martinus Nijhoff

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Forcible Displacement Throughout the Ages


2012 title

Towards an International Convention for the Prevention and Punishment of the Crime of Forcible Displacement
Grant Dawson and Sonia Farber
Forcible displacement transforms cultures and can even lead to their destruction. Beginning with the origins of the human species millions of years ago and ending up in our present day era, this book analyses examples of forcible displacement in order to examine the crime in its many different forms. The legal contours of the crime receive a comprehensive treatment, including the experience of the international tribunals and decades of scholarly work in the area. The authors suggest that a paradigm shift is needed in order to bring development-induced displacement into the mainstream discourse on forcible displacement. The book concludes with a proposal for a new convention for the prevention and punishment of the crime of forcible displacement. Full table of contents available on brill.nl/ihul

July 2012 ISBN 978 90 04 22054 6 Hardback (xvi, 198 pp.) List price EUR 115.- / US$ 158. International Humanitarian Law Series, 36 Imprint: Martinus Nijhoff

Book Series

International Law and Sexual Violence in Armed Conflicts


2012 title

Chile Eboe-Osuji
Sundry manner of sexual violence is a particular brand of evil that women have enduredmore than menduring armed conflicts, through the ages. It is a menace that has continued to task the conscience of humanityespecially in our times. At the international level, basic laws aimed at it are not in short supply. What is needed more is a more conscious determination to enforce the existing laws: especially in the manner of more robust and creative interpretation and application. Beginning with an attempt at understanding evildoing during armed conflicts, from both the general perspective and the particular angle of sexual violence itself, this book explores ways of shoring up international legal protection of women from sexual violence in armed conflicts. Particular attention is paid to the responsibility that is triggered for superiors when subordinates commit SVIAC against women; definition of rape in international criminal law; commission of genocide through sexual violence; sexual violence as comprised in the war crime of terrorism; sexual violence in internal armed conflicts as grave breaches of international humanitarian norms; forced marriage during armed conflicts as an emergent international crime; strategic prosecution of sexual violence as a method of national reconstruction in post-conflict societies; and reparation for women victims of sexual violence in armed conflicts. Full table of contents available on brill.nl/ihul

July 2012 ISBN 978 90 04 20262 7 Hardback (370 pp.) List price EUR 130.- / US$ 178. International Humanitarian Law Series, 35 Imprint: Martinus Nijhoff

criminal law

International Criminal Justice in bello?


2011 title

The ICC between Law and Politics in Darfur and Northern Uganda
Philipp Kastner
The International Criminal Court (ICC) plays a particularly delicate role in situations of ongoing armed conflicts, both from a legal and a political perspective. While the primary objective of the ICC Statute is to end impunity, States Parties and the UN Security Council were mainly driven by political considerations when they triggered ICC jurisdiction over the situations in northern Uganda and Darfur. In this book, the author discusses strategies within the legal framework governing the Court to counter such politicization. He concludes that although the ICC can have beneficial effects on ongoing armed conflicts, its primary raison dtre should not be to influence politics but to continue to fight impunity in the long run. Full table of contents available on brill.nl/ihul

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October 2011 ISBN 978 90 04 19312 3 Hardback (220 pp.) List price EUR 94.- / US$ 129. International Humanitarian Law Series, 34 Imprint: Martinus Nijhoff

Book Series

2011 title

Beyond Victors Justice? The Tokyo War Crimes Trial Revisited


Edited by: Yuki Tanaka, Tim McCormack and Gerry Simpson The aim of this new collection of essays is to engage in analysis beyond the familiar victors justice critiques. The editors have drawn on authors from across the world including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives. Several of the essays in the collection are based on the authors extensive archival research in Japan, Australia, the United States and New Zealand, providing rich insights into Japanese societal attitudes towards the Trial, biological experimentation by the Japanese Army in China, as well as the trial of Korean prison guards and prosecutions for rape and sexual assault in the post-war period. Some of the essays deal with particular participants in the Trial, examining the role of individual judges, and the selection of defendants and the decision not to prosecute the Emperor. Other essays analyse the Trial from a legal perspective, and address its impact on concepts such as command responsibility, conspiracy and war crimes. The majority of the essays seek to identify and address some of the forgotten crimes in the Tokyo Trial. These include crimes committed in China and Korea (particularly the activities of the infamous Unit 731), crimes committed against comfort women, and crimes associated with the atomic bombings of Hiroshima and Nagasaki, the conventional firebombing of other Japanese cities and the illicit drug trade in China. Finally, the collection includes a number of essays which consider the importance of studying the Tokyo Trial and its contemporary relevance. These issues include an examination of the way in which academics have written the Trial over the last 60 years, and an analysis of some of the lessons that can be drawn for international trials in the future. Full table of contents available on brill.nl/ihul

June 2011 ISBN 978 90 04 20303 7 Hardback (420 pp.) List price EUR 135.- / US$ 192. International Humanitarian Law Series, 30 Imprint: Martinus Nijhoff

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The Legacy of Nuremberg: Civilising Influence or Institutionalised Vengeance?


Edited by David A. Blumenthal and Timothy L.H. McCormack In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australias post-World War Two war crimes trials of Japanese defendants, Australias extensive national case law on Article 1(F) of the Refugee Convention and Australias national implementing legislation for the Rome Statute. Full table of contents available on brill.nl/ihul

December 2007 ISBN 978 90 04 15691 3 Hardback (xxvi, 338 pp.) List price EUR 159.- / US$ 221. International Humanitarian Law Series, 20 Imprint: Martinus Nijhoff

Book Series

International Prisoner Transfer


Michael Abbell
For more information please visit brill.nl/pris This volume describes the procedures governing the transfer of sentenced foreign nationals from the United States to serve the remainder of their sentences in their native countries, and of United States nationals sentenced in foreign countries to serve the remainder of their sentences in the United States. It discusses the statutory and treaty framework regulating the transfer of sentenced persons to and from the United States, ISSN 2210-6073 as well as the case law interpreting those statutes and treaties. Appendices contain United States statutes and regulations, U.S. Department of Justice Manual materials, and all treaties governing the transfer of prisoners to and from the United States. Launched in 2001, and supplemented on a regular basis, this looseleaf collection has been updated to March 2007.

International Prisoner Transfer 2010


Michael Abbell
In 1825, the U.S. Supreme Court stated : The Courts of no country execute the penal laws of another. One hundred and fifty one years later, in a very different world, the United States signed prisoner transfer treaties with its neighbours, Canada and Mexico. Today, through additional bilateral treaties and multilateral treaties negotiated under the auspices of the Council of Europe and the Organization of American States, the United States has prisoner transfer treaty relations with 77 countries. This treatise, designed for prosecutors, defense attorneys and academics, describes in detail the legal basis and operation under these treaties from the perspective of the United States by the former Department of Justice official responsible for their initial implementation. Additional titles by Michael Abbell include:

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September 2010 ISBN 978 90 04 17884 7 Hardback (438 pp.) List price EUR 148.- / US$ 206. International Prisoner Transfer, 1 Imprint: Martinus Nijhoff

Extradition to and from the United States 2010 Obtaining Evidence Abroad in Criminal Cases 2010
Full table of contents available on brill.nl/pris

International Criminal Law Review


Editor-in-Chief: Michael Bohlander 2012: Volume 12 (in 5 issues) ISSN 1567-536X / E-ISSN 1571-8123 Institutional subscription rates Electronic only: EUR 516.- / US$ 723.Print only: EUR 568.- / US$ 795.Electronic + Print: EUR 619.- / US$ 867. Individual subscription rates Print only: EUR 189.- / US$ 265.For more information see page 43.

Book Series

Obtaining Evidence Abroad in Criminal Cases


Michael Abbell
For more information please visit brill.nl/oevi This publication describes the methods by which United States law enforcement agents and prosecutors obtain investigative information and admissible evidence from abroad and provide assistance to foreign law enforcement agents and prosecutors in obtaining such information and evidence in the United ISSN 2210-6170 States-including the constitutional provisions, statutes, rules of criminal procedure, regulations, treaties, and other procedures governing the obtaining of such information and evidence. Launched in 2001, and supplemented on a regular basis, this work has been updated to December 2008.

Obtaining Evidence Abroad in Criminal Cases 2010


Michael Abbell
In todays flatter world, the most serious criminal activity affecting the United States is increasingly transnational, thereby requiring the active assistance of other countries to combat it. The United States only relatively recently has dealt with this problem by entering into a growing number of bilateral and multilateral treaties, agreements, and formal and informal law enforcement arrangements. This treatise, designed for prosecutors, defense attorneys, judges and academics, is written by the former Department of Justice official responsible for supervising the implementation and design of United States treaties and statutes as it began to cope with this explosion of transnational criminal activity. It describes and analyzes in detail the legal aspects of, and operation under, these treaties, statutes, and other measures. Additional titles by Michael Abbell include:

criminal law

November 2010 ISBN 978 90 04 17882 3 Hardback (676 pp.) List price EUR 189.- / US$ 268. Obtaining Evidence Abroad in Criminal Cases, 1 Imprint: Martinus Nijhoff

International Prisoner Transfer 2010 Extradition to and from the United States 2010

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Martinus Nijhoff International Law E-Book Collections


I n t e r n at Io n a l l aw a n d Hu m a n r IgHts e-B o o k s o n l I n e
Visit booksandjournals.brillonline.com and find out more about the NEW platform for Brills online books and journals. For more information please send your e-mail to sales@brillonline.com

2006 International Law and Human Rights E-Books Online 92 - International Law E-Books Online 47 - Human Rights and Humanitarian Law E-Books Online 45

Collections

2007 84 39 45

Number of titles per Collection


2008 87 42 45 2009 73 40 33 2010 78 44 34

2011 64 46 18

2012 101 55 46

Total 579 313 266

Book Series

International Studies in Human Rights


For more information please visit brill.nl/ishr ISSN 0924-4751 This Series is designed to shed light on current legal and political aspects of process and organization in the field of human rights.

The African Regional Human Rights System


30 Years after the African Charter on Human and Peoples Rights
Edited by Manisuli Ssenyonjo The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year 2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986. This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charters impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice. The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.

December 2011 ISBN 978 90 04 21814 7 Hardback (672 pp.) List price EUR 195.- / US$ 267. International Studies in Human Rights, 107 Imprint: Martinus Nijhoff

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Immunities and the Right of Access to Court under Article 6 of the European Convention on Human Rights
Matthias Kloth
The conflict between immunities and the right of access to court under Article 6 of the European Convention on Human Rights remains one of the most interesting problems in the current Strasbourg jurisprudence. The European Court of Human Rights had to rule repeatedly on interferences with the right of access by State immunity or the immunity of international organisations. It is here that human rights law and public international law are directly conflicting with each other. Domestic immunities of Members of Parliament, judges, the police or the social services have likewise conflicted with the Convention. This book is the first comprehensive work which covers all kinds of immunities and which discusses the entire caselaw of the European Court of Human Rights on the matter. Full table of contents available on brill.nl/ishr

March 2010 ISBN 978 90 04 18184 7 Hardback (xvi, 224 pp.) List price EUR 92.- / US$ 128. International Studies in Human Rights, 103 Imprint: Martinus Nijhoff

Book Series

Human Rights as Indivisible Rights


The Protection of Socio-Economic Demands under the European Convention on Human Rights
Ida Elisabeth Koch
It is usually assumed that economic, social and cultural rights are two different kinds of rights. Despite this dichotomous perception of human rights we talk about human rights as indivisible, interrelated and interdependent. The purpose of the book has been to examine how the European Court of Human Rights perceives of the indivisibility notion as a legal phenomenon. This is done by analysing five different socio-economic rights: the right to health, the right to housing, the right to education, the right to social cash benefits and various work related rights. The examination clearly illustrates that the Court perceives of human rights as indivisible rights and this integrated approach to human rights protection and its further potential is discussed from a hermeneutic perspective. Full table of contents available on brill.nl/ishr

September 2009 ISBN 978 90 04 16051 4 Hardback (310 pp.) List price EUR 108.- / US$ 150. International Studies in Human Rights, 101 Imprint: Martinus Nijhoff

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Legal Aspects of International Organization


For more information please visit brill.nl/laio ISSN 0924-4883 This is probably the most comprehensive series available in the field, providing authoritative guidance on all aspects of international institutional law.

The Emerging Practice of the International Criminal Court


Edited by Carsten Stahn, The Grotius Centre of International Legal Studies, and Gran Sluiter, University of Amsterdam The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courts applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform. Full table of contents available on brill.nl/laio

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December 2008 ISBN 978 90 04 16655 4 Hardback (xviii, 772 pp.) List price EUR 211.- / US$ 293. Legal Aspects of International Organization, 48 Imprint: Martinus Nijhoff

Book Series

Nijhoff Law Specials


For more information please visit brill.nl/nlsp ISSN 0924-4549

2012 title

The Reform of the Dutch Code of Criminal Procedure in Comparative Perspective


Edited by Marc Groenhuijsen and Tijs Kooijmans During the last decades of the 20th century, a consensus has emerged that the Dutch Code of Criminal Procedure (CCP), which had entered into force in 1926, had become dysfunctional in connection with both main objectives of criminal procedure. The research project Strafvordering 2001 aimed at answering the question how a CCP would look which meets contemporary needs and corresponds to state of the art doctrinal views, and is coherent in the sense that it offers a systematic approach of criminal procedure. The Dutch government responded to the research findings by means of the introduction of several legalislative acts. The contributions in this book discuss the question of whether the legislator has succeeded in improving the law of criminal procedure. Full table of contents available on brill.nl/nlsp

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September 2012 ISBN 978 90 04 20493 5 Paperback (200 pp.) List price EUR 105.- / US$ 144. Nijhoff Law Special, 81 Imprint: Martinus Nijhoff

Justice and the Judiciary


2012 title

Georghios M. Pikis
The book is meant to elucidate the concept of justice and its dictates in the various fields of life as well as the implications of injustice. Human rights, the rule of law and democracy are the offspring of justice. The Judiciary is the agent of justice, the persona of justice, trusted to uphold justice in the ever-changing circumstances of life. Of old, justice was perceived as encompassing all virtues. It has a pananthropic character charting the way for symmetry in life and the ascent of man. The book has a lego-philosophical character of interest to every anthropological and societal discipline. Full table of contents available on brill.nl/nlsp

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August 2012 ISBN 978 90 04 23238 9 Paperback (160 pp.) List price EUR 105.- / US$ 144. Nijhoff Law Specials, 80 Order No. 53269 Imprint: Martinus Nijhoff

Book Series

2012 title

Best Practices for Human Rights and Humanitarian NGO Fact-Finding


Gerald M. Steinberg, Anne Herzberg and Jordan Berman
This work outlines available resources and proposed standards for international NGO factfinding missions: Chapter One presents an introduction to the issue of NGO fact-finding. Chapter Two discusses the problems caused by the lack of any generally-accepted guidelines for NGO fact-finding, in contrast with contexts where NGOs have achieved consensus. Chapter Three surveys proposed guidelines for human rights and humanitarian NGOs. In addition, this section examines United Nations fact-finding standards, as well as examples of internal fact-finding standards for major NGOs. Chapter Four analyzes the fact-finding standards used in five specific cases: the International Crisis Group (Kosovo, 1999), the Independent International Fact-Finding Mission on the Conflict in Georgia (Georgia, 2008), United Nations Office of the High Commissioner for Human Rights Mapping Exercise on the Democratic Republic of Congo (1993-2003), Conflict Analysis Resource Center/University London study on Amnesty International and Human Rights Watch (Colombia, 1988-2004), and Human Rights Watch (Lebanon, 2006). The final chapter offers conclusions and recommendations. Full table of contents available on brill.nl/nlsp
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March 2012 ISBN 978 90 04 21811 6 Paperback (xii, 212 pp.) List price EUR 88.- / US$ 121. Nijhoff Law Specials, 78 Imprint: Martinus Nijhoff

Sex and Gender Crimes in the New International Law


2011 title

Past, Present, Future


Alona Hagay-Frey
In times of conflict, women have traditionally been excluded from protection of the law. This book analyzes the treatment of sex and gender crimes under international law by identifying various legal eras, from the inception of international criminal law until its most recent formulation, the Rome Statute. The author conducts her critical journey armed with insights about the development of the crime of rape in domestic law and feminist theories, and exposes gaps and silences in international laws treatment of sex and gender crimes. The author claims that the underlying stratum of sex crimes the gender stratum must be acknowledged. Hence, it is not sufficient to treat rape as another offense under existing traditional crime categories. It must also be anchored as a separate crime category that clearly establishes the boundaries of the legal norm, harmonizes different nations laws, and eradicates the remnants of patriarchy linked to this offense. Full table of contents available on brill.nl/nlsp

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Brill 2012

June 2011 ISBN 978 90 04 18912 6 Paperback (160 pp.) List price EUR 88.- / US$ 121. Nijhoff Law Specials, 75 Imprint: Martinus Nijhoff

Book Series

Refugees and Human Rights


Editor-in-Chief: Anne F. Bayefsky Editorial Board: Chaloka Beyani, Juan E. Mendez and Boldizsr Nagy For more information please visit brill.nl/rehr The Refugees and Human Rights Series aims to meet the increasing need for literature which probes the nature and causes of forced migration, the modalities and procedures employed ISSN 1387-6031 when refugees present themselves, and the manner in which the human rights of refugees are, or should be, promoted and protected.

2012 title

Protection of the Right to Seek and Obtain Asylum under the African Human Rights System
Chaloka Beyani
The use of international human rights machinery to protect refugees has acquired an important dimension in recent years. This is true of both the United Nations treaty body system and the African, European and Inter-American regional systems of of human rights. The result is a dynamic international invigoration of traditional refugee law that, in contradistinction, tends to be applied at the level of national courts and tribunals. Yet the precise role of human rights in the protection of refugees is sometimes viewed with suspicion and uncertainty. This Commentary provides a valuable insight into the use of human rights in the protection of refugees through the prism of the African Human Rights System. Full table of contents available on brill.nl/rehr

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December 2012 ISBN 978 90 04 16341 6 Hardback (250 pp.) List price EUR 99.- / US$ 136. Refugees and Human Rights, 12 Imprint: Martinus Nijhoff

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Brill 2012

Extradition to and from the United States


Michael Abbell
For more information please visit brill.nl/exus ISSN 2210-609X

Extradition to and from the United States 2010


Michael Abbell
As recently as the early 1970s, the United States typically made and received only 40 requests for international extradition per year. As the world has become flatter, there has been a concomitant explosion in transnational criminal activity to which the United States has had to respond. In 2008 alone, 589 people were extradited to it and many others extradited by it. The treatise is designed for prosecutors, defense attorneys, judges and academics. Written by the former Department of Justice official responsible for implementation of United States extradition statutes and treaties as it began designing the mechanisms to cope with the explosion of transnational criminal activity, it analyzes in detail the legal aspects of, and operation under, those statutes and treaties. Additional titles by Michael Abbell include:

September 2010 ISBN 978 90 04 17955 4 Hardback (xvii, 588 pp.) List price EUR 179.- / US$ 249. Extradition to and from the United States, 1 Imprint: Martinus Nijhoff

International Prisoner Transfer 2010 Obtaining Evidence Abroad in Criminal Cases 2010

Book Series

Studies in Intercultural Human Rights


Editor-in-Chief: Siegfried Wiessner For more information please visit brill.nl/sihr This series offers pathbreaking studies in the dynamic field of intercultural human rights. Its primary aim is to publish volumes which offer interdisciplinary analysis of global societal problems, review past legal responses, and develop solutions ISSN 1876-9861 which maximize access by all to the realization of universal human aspirations. It also includes other original studies in the field of human rights.

Reluctant Engagement: U.S. Policy and the International Criminal Court


Mark D. Kielsgard
Why has the United States taken such a firm stance against the International Criminal Court (ICC) and expended such diplomatic goodwill in an attempt to dismantle a tribunal that poses no serious risk to its citizens? This book critiques causal ideologies such as American exceptionalism, state sovereignty and laissez-faire capitalism to show how U.S. opposition is driven by pervasive political, legal, historic, military and economic conditioning factors. It shows how U.S. attitudes transcend partisan politics and predicts how the U.S.-ICC relationship will be affected by the economic crisis, shifting international geopolitical power structures, the crisis in the U.S. military, unfolding international human rights law and the politics of change promised by the nascent Obama administration. The United States has been at the centre of international criminal justice initiatives, from Nuremberg to the more recent ad hoc tribunals for the former Yugoslavia, Rwanda, Sierra Leone and Lebanon. But its position has been lukewarm and sometimes, in the darkest days of the Bush administration, outright hostile to the International Criminal Court. Filling a gap in the literature, Dr Mark Kielsgard reviews the history of American policy, analysing the factors that have driven it, making useful and practical suggestions aimed at greater engagement of the United States with the International Criminal Court. Professor William A. Schabas Full table of contents available on brill.nl/sihr

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September 2010 ISBN 978 90 04 18280 6 Hardback (400 pp.) List price EUR 153.- / US$ 213. Studies in Intercultural Human Rights, 2 Imprint: Martinus Nijhoff

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Brill 2012

Due Process and International Terrorism


An International Legal Analysis
Roza Pati
Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international laws due process guarantees and proposes courses of action which can better defend a public order of human dignity. Full table of contents available on brill.nl/sihr

November 2009 ISBN 978 90 04 17238 8 Hardback (viii, 520 pp.) List price EUR 159.- / US$ 221. Studies in Intercultural Human Rights, 1 Imprint: Martinus Nijhoff

Book Series

The Erik Castrn Institute Monographs on International Law and Human Rights
Edited by Martti Koskenniemi For more information please visit brill.nl/ilmc ISSN 1568-2765

2012 title

No Citizens Here: Global Subjects and Participation in International Law


Ren Uruea, Universidad de Los Andes
International legal scholarship has traditionally celebrated the possibility of individuals being considered as subjects of international law. This book challenges that narrative, and reveals hidden patterns in the way we think about legal subjects in global governance. Building on the notion of a risk society, this book argues that international law creates fragmented subjectivities, whose conflicting identities help perpetuate a certain global loss of sense that is characteristic of our times. An innovative contribution that draws on a wealth of international legal materials (including human rights, EU law, international economic law, and international organizations), this book is useful to those with an interest in international legal theory, new approaches to international law, global constitutionalism, and global administrative law. Full table of contents available on brill.nl/ilmc

March 2012 ISBN 978 90 04 22069 0 Hardback (xx, 334 pp.) List price EUR 140.- / US$ 192. The Erik Castrn Institute Monographs on International Law and Human Rights, 15 Imprint: Martinus Nijhoff

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Brill 2012 2012 title

Equal in Law, Unequal in Fact


Racial and Ethnic Discrimination and the Legal Response Thereto in Europe
Timo Makkonen
An intriguing paradox characterises international and European action against discrimination. On the one hand, equality and the right to non-discrimination are key human rights and protected by an impressive line of legal documents. On the other hand, empirical studies show that discrimination is still rampant today. This book maps the gap between the rights and the reality, and examines the causes, consequences and extent of discrimination in Europe today as well as the international and European legal response to it. On the basis of this analysis, the study explains why anti-discrimination law fails to deliver, and what can be done about it. The result is of interest to scholars, students, civil society, politicians and anyone interested in equality and making it a reality. Full table of contents available on brill.nl/ilmc

January 2012 ISBN 978 90 04 21705 8 Hardback (xviii, 438 pp.) List price EUR 121.- / US$ 166. The Erik Castrn Institute Monographs on International Law and Human Rights, 13 Imprint: Martinus Nijhoff

Book Series

Indirect Responsibility for Terrorist Acts


Redefinition of the Concept of Terrorism Beyond Violent Acts
Marja Letho
The roots of organized crime penetrate deep into the normal operations of society, its economic and financial patterns, sometimes also its bureaucracy and ideological apparatuses. Drug trafficking, traffic in persons or terrorist networks could not exist if they did not engage large groups of people and routine patterns of social and economic behaviour. Often the indirect actors remain hidden, however, and beyond the reach of the arm of the law. In an analogical way, terrorism emerges from and is sustained by a wide network of ideological, economic, financial and other actors and activities. Marja Lehto maps in this work the way in which international legal regulation, particularly the new conventions adopted within the UN after 1996 ,have sought to extend international responsibility beyond the groups of immediate perpetrators, to the sources or incitation, recruitment, and financing of terrorist activities.She also deals with some of the thorniest questions in the field along the way from the significance and difficulties in the of efforts to define terrorism to the need for a general part of international criminal law, and the role of a political organ the United Nations Security Council in preventing and punishing the crime of terrorism..This carefully crafted, insightful and hugely relevant study not only fulfils a gap in the existing literature but does so with analytical precision, bearing simultaneously in mind the important political and theoretical, even philosophical implications of this contentious topic. Few topics have generated more international law writing in recent years, both scholarly and polemical, than terrorism. [] So it is a genuinely welcome surprise when someone brings out a study that has a fresh angle on the topic, and all the more so if the writer not only fulfils what appears like an obvious gap in existing literature but does that with analytical precision, bearing simultaneously in mind the important political and theoretical, even philosophical implications of this contentious topic. This is what Marja Lehto does in this carefully crafted, insightful and hugely relevant study of what she suggests we call indirect responsibility for terrorist acts. Martti Koskenniemi, Academy Professor, University of Helsinki Full table of contents available on brill.nl/ilmc

October 2009 ISBN 978 90 04 17807 6 Hardback (535 pp.) List price EUR 175.- / US$ 243. The Erik Castrn Institute Monographs on International Law and Human Rights, 10 Imprint: Martinus Nijhoff

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Brill 2012

European Journal of Crime, Criminal Law and Criminal Justice


Editors: H.-J. Albrecht, Max Planck Institute for Foreign and International Criminal Law, Germany, C. Fijnaut, Tilburg University, The Netherlands, A.H. Klip, Law School, University of Maastricht, The Netherlands, L. Paoli, Leuven Institute of Criminology, K.U. Leuven, Belgium, U. Sieber, Max Planck Institute for Foreign and International Criminal Law, Germany 2012: Volume 20 (in 4 issues) ISSN 0928-9569 / E-ISSN 1571-8174 Institutional subscription rates Electronic only: EUR 358.- / US$ 502.Print only: EUR 394.- / US$ 552.Electronic + Print: EUR 430.- / US$ 602. Individual subscription rates Print only: EUR 131.- / US$ 183.For more information see page 42.

Book Series

The Raoul Wallenberg Institute Human Rights Library


Series editor: Gudmundur Alfredsson For more information please visit brill.nl/rawa The Raoul Wallenberg Institute of Human Rights and Humanitarian Law is an academic institution formed in 1984 at the University of Lund, Sweden. The Institute is named after a distinguished Swedish diplomat, Raoul Wallenberg, in recognition of his humanitarian accomplishments in Hungary during the Second World War. The purpose of the Institute is to promote research, training and academic education in the broad field of human rights and humanitarian law, with a basis in public international law and also drawing on other academic disciplines. The Institutes programmes also cover refugee law, international labour standards, intellectual property rights, international criminal law, democracy, and good governance, as set forth in instruments and guidelines adopted by intergovernmental organizations.
criminal law

ISSN 1388-3208 The Institute co-operates closely with the University of Lund and several other academic institutions and international organisations. The RWI participates in networks of Nordic, European and international human rights institutes and works actively with them on various human rights and international development projects. In cooperation with the Swedish International Development Cooperation Agency (Sida) and with other institutions, the Institute organizes extensive academic and training programmes for the dissemination of human rights standards, democratic values and the rule of law, in Sweden and in several other countries. Together with Martinus Nijhoff Publishers, the Raoul Wallenberg Institute has initiated four series of publications and publishes a number of related books and journals.

2011 title

Defining Rape: Emerging Obligations for States under International Law?


Maria Eriksson
The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor. Whereas the prohibition of rape has been consistently recognised in these areas of law, the definition of the offence has been a later concern to international law. Attempts to define the crime have, however, been made by the ad hoc tribunals (International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia), regional human rights courts and UN treaty bodies. Increasing duties are thus placed on states, not only to prevent rape through the enactment of criminal laws, but to adopt specific elements of the crime in domestic legislation. This study systematises and analyses such emerging obligations in international law. This leads to overarching questions on the fragmentation and harmonisation of norms between various regimes in international law. Full table of contents available on brill.nl/rawa

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November 2011 ISBN 978 90 04 20263 4 Hardback (624 pp.) List price EUR 215.- / US$ 295. The Raoul Wallenberg Institute Human Rights Library, 38 Imprint: Martinus Nijhoff

Book Series

The Responsibility to Protect


Implementation of Article 4(h) Intervention
Dan Kuwali
This book explores the scope and limits of Article 4(h) of the African Union Constitutive Act (AU Act). The goal is to generate new thinking on, and contribute a fresh legal approach to, the implementation of the right to intervene under Article 4 (h) of the AU Act in the face of war crimes, genocide and crimes against humanity. The AU right to intervene, though noble in purpose, is problematic to implement owing to the inherently political matrix of intervention and the question of measures for intervention which have usually been reactive. This book seeks to investigate the scope and validity of the AUs treaty-based right to intervene as an exception to the principle of State sovereignty. Central to the inquiry is the argument that the UN Charter does not expressis verbis provide for enforcement by consent by regional organisations; equally the UN Charter does not specifically outlaw enforcement action by consent by regional organisations. The book examines whether there is any legal basis for forcible military intervention to prevent serious human rights violations that constitute serious crimes under international law; and if yes, when and how? The discussion involves a legal analysis of the rules that ought to apply in the implementation of Article 4(h) intervention in international law. By examining the rationale and applicability of the right to intervene, the book intends to promote the development of consistent legal approaches for effective intervention within the AU human security architecture. More particularly, rather than focusing on intervention, the book intends to inculcate a culture of prevention and compliance within the framework of the AU. Full table of contents available on brill.nl/rawa

December 2010 ISBN 978 90 04 19171 6 Hardback (530 pp.) List price EUR 165.- / US$ 234. The Raoul Wallenberg Institute Human Rights Library, 37 Imprint: Martinus Nijhoff

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International Human Rights Monitoring Mechanisms


Essays in Honour of Jakob Th. Mller, 2nd Revised Edition
Edited by Gudmundur Alfredsson, Jonas Grimheden, Bertrand G. Ramcharan and Alfred Zayas This revised and updated collection is intended to serve as a thematic textbook on the institutions and procedures devoted to the national implementation of human rights and to the international monitoring of State performance. Albeit not exhaustive, the coverage extends to most of the monitoring instances available at intergovernmental and non-governmental organizations: complaints, fact-finding and investigative procedures, State reporting obligations, good offices actions, dialogue functions, human rights education, dissemination of human rights information, letter campaigns, and technical co-operation. The target audience of the book is students of international human rights law, but the book can also serve as a guide for both officials and activists involved in the realization of human rights.The success of the first edition has allowed for this second edition. It demonstrates that there is a important demand for literature with a focus on human rights monitoring and follow-up activities. Full table of contents available on brill.nl/rawa

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August 2009 ISBN 978 90 04 16236 5 Hardback (760 pp.) List price EUR 200.- / US$ 278. The Raoul Wallenberg Institute Human Rights Library, 35 Imprint: Martinus Nijhoff

Book Series

The Relationship between the International Criminal Court and National Jurisdictions
The Principle of Complementarity
Jo Stigen
The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere vis--vis national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, inter alia, whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy. Full table of contents available on brill.nl/rawa

July 2008 ISBN 978 90 04 16909 8 Hardback (xii, 536 pp.) List price EUR 221.- / US$ 307. The Raoul Wallenberg Institute Human Rights Library, 34 Imprint: Martinus Nijhoff

criminal law

Transparency and Proportionality in the Schengen Information System and Border Control Co-operation
Stephen Kabera Karanja
This volume offers an evaluation of the Schengen Information System and border control cooperation from a transparency and proportionality perspective. It also incorporates a legal descriptive analysis of the co-operation in order to accommodate the changes and developments that occurred during the writing period. The transparency and proportionality perspectives are developed from human rights and data protection criteria. Transparency is understood as knowledge and accessibility to legal information as well as openness and accountability. On the other hand, proportionality is a requirement for guidance, balance and justification as well as a need to avoid excessiveness and arbitrariness in border control work. The final findings reveal that the Schengen co-operation suffers from a deficiency of transparency and proportionality. Consequently, measures are proposed to augment the deficiency. Even as this study was reaching its conclusion, fundamental legislative changes, closely similar to some of the arguments and recommendations projected in this study, took place. The efficacy of these changes is yet to be discerned. Full table of contents available on brill.nl/rawa

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Brill 2012

October 2008 ISBN 978 90 04 16223 5 Hardback (xxiv, 468 pp.) List price EUR 244.- / US$ 339. The Raoul Wallenberg Institute Human Rights Library, 32 Imprint: Martinus Nijhoff

Book Series

The Raoul Wallenberg Institute Professional Guides to Human Rights


Series editor: Leif Holmstrm For more information please visit brill.nl/rwpg

Essential Texts on Human Rights for the Police


A Compilation of International Instruments: Second, Revised Edition
Edited by Ralph Crawshaw and Leif Holmstrm Human rights law protects the rights and freedoms of individuals and groups within societies. Police officials are uniquely placed to ensure respect for, and secure protection of, those rights and freedoms. Those who exercise power on behalf of the people they serve need to be aware of the human rights standards they are required to meet, and the best practice in their fields of activity. The texts identified as essential for the police in this publication serve as a valuable aid to meeting both of these needs. In a democracy governed by the rule of law, good policing is crucially dependent upon compliance with the standards they embody. Furthermore, these standards, which protect human rights and set out good professional practice for police, lie at the core of democratic policing. Essential Texts on Human Rights for the Police is divided into three parts, each one with an introduction outlining the scope and contents of the instruments. Part I includes the Universal Declaration of Human Rights and universal treaties, Part II regional treaties and Part III non-treaty instruments. In all, 36 international instruments are reproduced. The present publication is intended to be used in human rights education and training programmes for police and other officials exercising police powers. It can be used by teachers and resource persons as a principal source of reference for such programmes or as a supplement to teaching manuals. It can also serve as a source of reference and guidance to operational police officials and to anyone wishing to be aware of the standards to which police should adhere. This second, revised edition of Essential Texts on Human Rights for the Police is more comprehensive than the first and includes 14 treaties and non-treaty instruments not reproduced in the previous edition of the book. It is a companion volume to Essential Cases on Human Rights for the Police: Reviews and Summaries of International Cases, by the same authors.

March 2008 ISBN 978 90 04 16481 9 Paperback (xii, 520 pp.) List price EUR 132.- / US$ 183. The Raoul Wallenberg Institute Professional Guides to Human Rights, 8 Imprint: Martinus Nijhoff

criminal law

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Police and Human Rights


A Manual for Teachers and Resource Persons and for Participants in Human Rights Programmes: Second Revised Edition
Ralph Crawshaw
This publication is a human rights teaching manual for teachers and resource persons who are proficient in the craft and profession of policing as practitioners, or learned in that field as educators or academics. It is also a reference manual for police officials participating in programmes based on the manual, and a continuing source of reference for them when they have completed a programme. The teaching manual has been prepared for use as a valuable resource in an educational process which should enable and require police officials to consider how they are to carry out their functions in an effective, lawful and humane manner. Policing is one of the means by and through which governments either meet, or fail to meet, their obligations under international law to protect the human rights of people within the jurisdiction of states they govern. This manual is offered as a contribution towards the realisable ideal of securing protection and promotion of human rights by and through policing.

April 2009 ISBN 978 90 04 16357 7 Paperback (x, 318 pp.) List price EUR 136.- / US$ 189. The Raoul Wallenberg Institute Professional Guides to Human Rights, 7 Imprint: Martinus Nijhoff

international Criminal law

International Criminal Law Series


M. Cherif Bassiouni
For more information please visit brill.nl/icls The International Criminal Law Series contains books, monographs and collections of essays on current issues of international criminal law. Its aim is to advance scholarly and practitioner understanding of the discipline of ICL and its evolving interaction with other legal disciplines on a global basis.

2012 title

Introduction to International Criminal Law, 2nd Revised Edition Volume 1 NEW Series
M. Cherif Bassiouni

International Criminal Law Series

criminal law

June 2012 ISBN 978 90 04 18644 6 Paperback (800 pp.) List price EUR 85.- / US$ 85. Imprint: Martinus Nijhoff

Written by one of the worlds pioneers and leading authorities on international criminal law, this text book covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae--sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; the function of the international criminal court; rules of procedure and evidence applicable to international criminal proceedings; and the future of international criminal law.

This textbook is comprehensive, easy to read, and ideally suited for classroom use. Professor Bassiouni is one of the worlds leading experts on international criminal law. He
teaches law at DePaul University and is the author and editor of numerous books and articles on U.S. criminal law, international and comparative criminal law, and human rights. Full table of contents available on brill.nl/icls

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The Brill Journal Archives Online


The Brill Jour nal archives online
The Brill Journal Archives Online now offer access to over 110,000 articles published before the year 2010, covering 3,700 volumes of 221 scholarly journals. The Journal Archives consist of two parts, the first covering the 19th and 20th century and the second the first decade of the 21st century. The Archives hold the imprints Brill and Martinus Nijhoff Publishers. The academic community will find The Brill Journal Archives Online an invaluable resource for finding valuable content and acquiring an historical perspective on the humanities, social sciences, international law & human rights and biology. Additionally, a purchase of the archives enables libraries to save shelf space and to provide their users with the online archives of journals currently not subscribed to.

Journal Archives Part I and Part II

The Journal Archives consist of two parts, the first part covering the 19th and 20th century and the second part the first decade of the 21st century. Each part in turn is divided in subject-specific collections: Humanities & Social Sciences, International Law & Human Rights, and Biology & Science. Each collection may be purchased individually.

international Criminal law

International Criminal Law (3 vols)


Edited by M. Cherif Bassiouni The definitive treatise on international criminal law, M. Cherif Bassiounis unique 3- volume collection is now in its third edition. Written by more than 50 outstanding authorities from 19 countries, it covers the entire field, from the theory of what makes a crime international to the step-by-step conduct of an international prosecution. Its in-depth coverage includes: - analysis of the doctrinal basis of international criminal law - the historical development of international criminal law and policy - detailed treatment of 16 crimes that have been given international jurisdiction, including torture, genocide, war crimes, and crimes against humanity - issues of immunity and jurisdiction - judicial assistance - recognition of foreign penal judgments - extradition and transfer of prisoners - taking evidence abroad - seizure of foreign assets - international criminal tribunals procedure - international criminal prosecutions in domestic courts - and a great deal more. Attention is paid throughout the presentation to the complex cultural and regional issues that often arise in this field of practice. This new third edition has been thoroughly revised, making it the most current and comprehensive treatment available of this major area of international law theory and practice.

December 2008 ISBN 978 90 04 16533 5 Hardback (cxx, 2410 pp.) List price EUR 416.- / US$ 578. Imprint: Martinus Nijhoff

criminal law

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International Criminal Law


Volume 3 International Enforcement
Edited by M. Cherif Bassiouni December 2008 ISBN 978 90 04 16530 4 Hardback (750 pp.) List price EUR 185.- / US$ 257. Imprint: Martinus Nijhoff

International Criminal Law


Volume 2 Multilateral and Bilateral Enforcement Mechanisms
Edited by M.Cherif Bassiouni November 2008 ISBN 978 90 04 16531 1 Hardback (750 pp.) List price EUR 185.- / US$ 257. Imprint: Martinus Nijhoff

International Criminal Law


Volume 1 Sources, Subjects and Contents
Edited by M. Cherif Bassiouni December 2008 ISBN 978 90 04 16532 8 Hardback (1130 pp.) List price EUR 185.- / US$ 257. Imprint: Martinus Nijhoff

international Criminal law

The Regulation of Gambling: European and National Perspectives


Edited by Alan Littler and Cyrille J.C.F. Fijnaut In November 2005 Tilburg University hosted for the first time an international Colloquium on the European and National Perspectives of the Regulation of Gambling. The results of this exciting day are reflected in this book which brings together a wide range of perspectives from the contemporary debate surrounding the regulation of gambling markets within the context of the European Union. Not only does the book encompass both ends of the spectrum of the current discussion; it also brings together the perspectives of academics, lawyers and operators. The debate on the regulation of gambling has been gathering pace following a series of judgments of the ECJ. In 2006 gambling was excluded from the proposed Services Directive, and the European Commission commenced infringement proceedings against a handful of Member States regarding restrictions on the supply of sports betting services. Given these developments and being one of the very few publications concerned with this topic, this book will serve as a timely and valuable contribution for all those interested in this emerging and at times decisive debate. Full table of contents available on brill.nl
criminal law

October 2006 ISBN 978 90 04 15459 9 Hardback (xvi, 268 pp.) List price EUR 108.- / US$ 150. Imprint: Martinus Nijhoff

Crime, Addiction and the Regulation of Gambling


Edited by Toine Spapens, Alan Littler and Cyrille Fijnaut This is the third book to be produced by members of the Gambling Research Group associated with Tilburg Universitys Faculty of Law concerning issues closely connected with the debate on the gambling policies that the European Union and its Member States are pursuing. The first book Alan Littler and Cyrille Fijnaut (eds), The Regulation of Gambling: European and National Perspectives (Leiden, Martinus Nijhoff Publishers, 2007) mainly considers the legal aspects of gambling regulation, at both European Union and Member State level. The second book Tom Coryn, Cyrille Fijnaut and Alan Littler (eds), Economic Aspects of Gambling Regulation: EU and US Perspectives (Leiden, Martinus Nijhoff Publishers, 2008) looks at research conducted in the United States and the European Union into the costs and benefits involved in the regulation of gambling. The contributions to this third book turn the spotlight on two social problems: crime and addiction, both of which play a significant part in the institutional debate in the European Union concerning whether gambling should be treated as a service that like other services should be subject to the laws universally applicable to the internal market. Full table of contents available on brill.nl

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November 2008 ISBN 978 90 04 17218 0 Hardback (xiv, 254 pp.) List price EUR 108.- / US$ 150. Imprint: Martinus Nijhoff

2011 title

In the Shadow of Luxembourg: EU and National Developments in the Regulation of Gambling


Edited by Alan Littler, Nele Hoekx, Cyrille Fijnaut and Alain-Laurent Verbeke Recent years have witnessed an intensification in the debate at the European level regarding the regulation of gambling. This publication, following a conference hosted in Leuven in November 2009, tracks these developments following two parallels: in terms of European and national developments, and legal and political ones. Attention is directed to the ever expanding caselaw and Opinions of the Advocates General of the Court of Justice in Luxembourg and how debate at the European level is influencing national regulatory regimes in terms of online and offline gambling. Belgium, France, Germany, the Netherlands, and the United Kingdom receive particularly detailed attention. Full table of contents available on brill.nl

January 2011 ISBN 978 90 04 19246 1 Hardback (330 pp.) List price EUR 130.- / US$ 185. Imprint: Martinus Nijhoff

international Criminal law

Defining Human Trafficking and Identifying Its Victims


2011 title

A Study on the Impact and Future Challenges of International, European and Finnish Legal Responses to Prostitution-Related Trafficking in Human Beings
Venla Roth
Trafficking in human beings has become a major international concern in the last two decades. Trafficking has been subjected to intense political debate and ambitious legal regulation on international, regional and national levels. Although much has been done to eradicate trafficking and to protect the victims, an increasing number of critical voices are emerging: the efforts to deal with human trafficking have proved to be more ineffective than anticipated. This book seeks explanations to why anti-trafficking strategies and activities appear to be so futile, and what should be done better for them to achieve their goals with more success. Besides the academic audience, this study is written for legal practitioners, who might come across human trafficking in their work. Full table of contents available on brill.nl
criminal law

December 2011 ISBN 978 90 04 20924 4 Hardback (384 pp.) List price EUR 133.- / US$ 182. Imprint: Martinus Nijhoff

Palermo in the Pacific


Organised Crime Offences in the Asia Pacific Region
Andreas Schloenhardt
This study identifies and analyses organised crime legislation in the Asia Pacific region. It examines offences criminalising the participation in criminal organisations and equivalent provisions penalising the existence and operation of organised crime under domestic laws. The study also explores the adoption of relevant international treaties, in particular the Convention against Transnational Organised Crime, and examines efforts by the international community to promote wider implementation of this Convention in the region. The aim of this study is to assess the adequacy and efficiency of the existing provisions under domestic and international laws, and to develop recommendations for law reform to prevent and suppress organised crime more effectively in the region. Full table of contents available on brill.nl

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Brill 2012

December 2009 ISBN 978 90 04 18045 1 Hardback (xviii, 428 pp.) List price EUR 128.- / US$ 178. Imprint: Martinus Nijhoff

The Genocide Convention


2012 title

The Legacy of 60 Years


Edited by H.G. van der Wilt, J. Vervliet, G.K. Sluiter and J.Th.M. Houwink ten Cate Genocide is widely acknowledged as the crime of crimes. Such universal condemnation understandably triggers both loose talk (calling each and every massacre genocide) and utter reluctance in political circles to use the G-word. The social construction of genocide reflects the deeper question whether the rigid legal concept of genocide as it emerges in the Genocide Convention and has been maintained ever since still corresponds with the historical and social perception of the phenomenon. This book is the product of an intellectual encounter between scholars of historical and legal disciplines which have joined forces to address this question. The authors are strongly inspired by the idea that the multi-disciplinary research of and education on genocide may contribute to a more appropriate reaction and prevention of genocide. Full table of contents available on brill.nl

May 2012 ISBN 978 90 04 15328 8 Hardback (xxxii, 292 pp.) List price EUR 110.- / US$ 151. Imprint: Martinus Nijhoff

international Criminal law

The Theory and Practice of International Criminal Law


Essays in Honor of M. Cherif Bassiouni
Edited by Leila Nadya Sadat and Michael P. Scharf Cherif Bassiouni is often referred to as the father of international criminal law. Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiounis unique legacy within this important area. Among the contributing authors are Louise Arbour, UN High Commissioner for Human Rights; Mahnoush Arsanjani, Chief of the UN Office of Legal Affairs Codification Division; Diane Orentlicher, UN Independent Expert on Combating Impunity; Michael Reisman, former President of the InterAmerican Commission for Human Rights; Yves Sandoz, Director for International Law of the International Committee of the Red Cross; William Schabas, Member of the Sierra Leone Truth Commission; Brigitte Stern, Advocate for the Bosnians in the World Courts Genocide case; and Prince Hassan bin Talal, first President of the Assembly of States Parties of the International Criminal Court. Full table of contents available on brill.nl

July 2008 ISBN 978 90 04 16631 8 Hardback (476 pp.) List price EUR 143.- / US$ 199. Imprint: Martinus Nijhoff

criminal law

The Principle of Complementarity in International Criminal Law


Origin, Development and Practice
Mohamed M. El Zeidy
The principle of complementarity is the corner stone for the operation of the International Criminal Court (ICC). It organizes the functional relationship between domestic courts and the ICC. This is the first careful study of the historical antecedents of the principle of complementarity, which has become so central to the operation of contemporary international criminal law. The study draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals. It examines in an exhaustive manner the work of the International Law Commission that led to the drafting of the Rome Statute of the International Criminal Court, up to the deposit of the draft statute with the UN General Assembly in 1994. It considers the travaux prparatoires of the Rome Statute itself, in a most thorough manner. It also examines the post-Rome developments, particularly the original interpretations of the relevant provisions of the Statute by both the Office of the Prosecutor and the Pre-Trial Chambers. This is a study that is of intrinsic historical interest, but also one that may help to guide interpreters of the Statute in the years to come. The concept of complementarity lies at the heart not only of the Rome Statute of the International Criminal Court, it is in many respects the underlying paradigm of international criminal justice as a whole. In this important study, Mohamed El Zeidy has drawn on historical sources, tracing the evolution of the concept and then showing how it has become operationalised in the first cases before the International Criminal Court. This book belongs in the library of every international criminal lawyer. Prof. William A. Schabas, OC MRIA, National University of Ireland, Galway. Full table of contents available on brill.nl

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September 2008 ISBN 978 90 04 16693 6 Hardback (xxxii, 368 pp.) List price EUR 113.- / US$ 157. Imprint: Martinus Nijhoff

international Criminal law

International Criminal Law


2011 title

A Collection of International and Regional Instruments; Fourth Revised Edition


Edited by Christine Van den Wyngaert Assistant Editor Steven Dewulf International Criminal Law has become a mainstream subject. While it was hardly taught at law faculties at the time of the first edition of this book (1996), it is now highly featured in academic curricula. Practitioners, academics and political decision makers are increasingly confronted with this discipline. International criminal law is gradually supplementing human rights as the standard to assess governments and individuals. In the process, it has become part of the vocabulary of the general public. Many recent crisis situations have contributed to this phenomenon, from 11/9 and the wars in Afghanistan and Iraq to the Arab spring and SC Resolution 1973 (2011) giving effect to R2P in Libya. International criminal courts, which until some time ago, were still somewhat exotic, are now part of the mainstream international judicial establishment. The UN ad hoc tribunals together with the mixed tribunals and special courts have substantially contributed to the development of international criminal jurisprudence. Meanwhile the International Criminal Court is in full operation, delivering its first landmark decisions and dealing with an increasing number of situations and cases. This collection is meant to guide students and practitioners through the labyrinth of international criminal law instruments. It comprises international (universal) and Euro-pean conventions, while also including other regional instruments (AU/OAU, ASEAN, the Commonwealth, OAS and SAARC).

September 2011 ISBN 978 90 04 18989 8 Hardback (xviii, 1542 pp.) List price EUR 275.- / US$ 377. Imprint: Martinus Nijhoff September 2011 ISBN 978 90 04 21674 7 Paperback (xviii, 1542 pp.) List price EUR 150.- / US$ 205. Imprint: Martinus Nijhoff

criminal law

Assessing the Legacy of the ICTY


2011 title

Edited by Richard H. Steinberg This collection of essays assesses the legacy established by the most important international criminal tribunal since the Nuremberg and Tokyo war crimes trials, and considers what might be done to enhance or modify the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), including improvement of the capacity of state courts in the region to prosecute violations of humanitarian law by using the Tribunals documents, evidence, law, and practice. The essays are derived from a conference, Assessing the Legacy of the ICTY, which was convened in The Hague. Participants included over 375 stakeholders from the former Yugoslavia; officials from the Tribunals Chambers, Registry, and the Office of the Prosecutor; justice ministers and other government officials from Europe; and all elements of civil society representatives of nongovernmental organizations, lawyers, and academics. Full table of contents available on brill.nl

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May 2011 ISBN 978 90 04 18624 8 Hardback (xxvi, 316 pp.) List price EUR 121.- / US$ 166. Imprint: Martinus Nijhoff

international Human Rights law

Afghanistan, Iraq, and Post-Conflict Governance: Damoclean Democracy?


Imtiaz Hussain
Much has been written about democratizing Afghanistan and Iraq, yet a clear-cut, theoreticallyenriching, and empirically thick comparative analysis remains overdue for societies as divided as these two. To partly fill in the vacuum, this book utilizes various theories and stages of international negotiations(which catalyzed democratization in both cases) in interpreting both cases, while also distinguishing between endogenous and exogenous democratization forces. How electoral democracy came about in both cases is traced from the negotiating table through at least 4 stages and 6 chapters. The study finds democratization being more stable when left on its own momentum (as in Afghanistan) than when conflict-driven (as in Iraq). Though fullfledged democracy does not appear inevitable in either case, the studys insightful exploration of its interface in Islamic communities and as a Bush Doctrine component alerts us to fasten our seat belts before elections beckon again. Full table of contents available on brill.nl

January 2010 ISBN 978 90 04 18033 8 Hardback (xiv, 314 pp.) List price EUR 91.- / US$ 126. International Studies in Sociology and Social Anthropology, 113

criminal law

The Culture of Judicial Independence


2011 title

Conceptual Foundations and Practical Challenges


Edited by Shimon Shetreet and Christopher Forsyth The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries. Full table of contents available on brill.nl

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November 2011 ISBN 978 90 04 18833 4 Hardback (662 pp.) List price EUR 155.- / US$ 212. Imprint: Martinus Nijhoff

African Journal of Legal Studies


Founding Editor-in-Chief: Charles Chernor Jalloh 2012: Volume 5 (in 3 issues) ISSN 2210-9730 / E-ISSN 1708-7384 Institutional subscription rates Electronic only: EUR 162.- / US$ 227.Print only: EUR 178.- / US$ 250.Electronic + Print: EUR 194.- / US$ 272. Individual subscription rates Print only: EUR 59.- / US$ 83.For more information see page 42.

international Human Rights law

Cultural Heritage Issues


The Legacy of Conquest, Colonization and Commerce
James A.R. Nafziger and Ann M. Nicgorski
The global community, dependent as always on the cooperation of nation states, is gradually learning to address the serious threats to the cultural heritage of our disparate but shared civilizations. The legacy of conquest, colonialization, and commerce looms large in defining and explaining these threats. The essays contained in this challenging volume are based on papers presented at an international conference on cultural heritage issues that took place at Willamette University . The conference sought to generate fresh ideas about these cultural heritage issues; offer a good sense of their nuances and complexities; and reveal how culture, law, and ethics can interact, complement, diverge, and contradict one another. This book seeks to accomplish these purposes. What it explores is the fact that, allong with an emerging blend of adversarial and collaborative processes to address cultural heritage issues, has come a substantial broadening of the normative framework in recent years. This framework now spans a welter of issues ranging from the creation of cultural safety zones during armed conflict, to the ongoing rectification of genocidal conquest during the European Holocaust and World War II, to the treatment of shipwrecks and their cargo, to the protection of folklore and other intangibles, to the promotion of traditional knowledge in the interest of biological diversity. All of these topics are controversial, as are the legal instruments that incorporate them, but the issues they embrace are vital to us all, whether our viewpoint is in the global arena, a national legislature, a courtroom, a classroom, an archaeological site, or a museum. Full table of contents available on brill.nl

December 2009 ISBN 978 90 04 16036 1 Hardback (xxii, 466 pp.) List price EUR 138.- / US$ 192. Imprint: Martinus Nijhoff

criminal law

2012 title

A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia


The Case for a Southeast Asian Court of Human Rights
Hao Duy Phan
This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of noninterference and the ASEAN Way still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality. Full table of contents available on brill.nl

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February 2012 ISBN 978 90 04 22216 8 Hardback (xxii, 262 pp.) List price EUR 99.- / US$ 136. Procedural Aspects of International Law, 29 Imprint: Martinus Nijhoff

law and international law

Reparations for Victims of Genocide, War Crimes and Crimes against Humanity
Systems in Place and Systems in the Making
Edited by Carla Ferstman, Mariana Goetz and Alan Stephens This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation. Full table of contents available on brill.nl

April 2009 ISBN 978 90 04 17449 8 Hardback (viii, 576 pp.) List price EUR 185.- / US$ 257. Imprint: Martinus Nijhoff

Brill 2012

criminal law

38

The Rome Statute for the International Criminal Court


Analysis of the Statute, the Rules of Procedure and Evidence, the Regulations of the Court and Supplementary Instruments
Georghios M. Pikis
The Rome Statute and sequential establishment of the ICC is a milestone in the history of man. It inaugurates a new era of the supremacy of the law as the goal of humanity rendering everyone, independently of rank or position, liable for the commission of the heinous crimes within the jurisdiction of the Court; genocide, crimes against humanity, war crimes and aggression. The object is to end immunity and leave no quarter to people committing crimes that have scarred and defaced humanity. The book analyses every aspect of the Statute and supplementary instruments, eliciting the framework of its enforcement. Alongside the case law of the Court is reviewed. The book is particularly useful to practitioners of international criminal law and of great interest to practitioners of criminal law as well as students of the history of mankind and the establishment of institutions crucial to the future of humanity. Full table of contents available on brill.nl

December 2010 ISBN 978 90 04 18613 2 Hardback (xxiv, 330pp.) List price EUR 125.- / US$ 178. Imprint: Martinus Nijhoff

law and international law

The Reparation System of the International Criminal Court


Its Implementation, Possibilities and Limitations
Eva Dwertmann
When the Rome Statute for the International Criminal Court was adopted in 1998, one of its great innovations was that victims were granted an active role in the proceedings. In its early jurisprudence on victims rights, the International Criminal Court stated that the success of the Court is, to some extent, linked to the success of its reparation system. This book is among the first to focus on the International Criminal Courts power to order reparations to victims. It provides a comprehensive analysis of the legal framework of the reparation system, taking into account relevant Court decisions. Possibilities for its implementation are drawn up, providing potential solutions for its multiple challenges, including the distinct asymmetry between the individualized responsibility to provide reparations and the collective nature of the crimes and its consequences. With its practical approach, this book is particularly valuable for practitioners, but also for students and researchers. Full table of contents available on brill.nl

March 2010 ISBN 978 90 04 17810 6 Hardback (240 pp.) List price EUR 87.- / US$ 121. Imprint: Martinus Nijhoff

Post-TRC Prosecutions in South Africa


Accountability for Political Crimes after the Truth and Reconciliation Commissions Amnesty Process
Ole Bubenzer
After the transition to democracy in 1994, South Africa implemented an innovative scheme at the Truth and Reconciliation Commission, granting perpetrators conditional amnesty. It essentially calls for the prosecution of those who did not receive amnesty for the crimes they committed during the apartheid conflict. This book provides the first comprehensive analysis of prosecutions after the amnesty process. Drawing on interviews with key protagonists and largely unpublished documents, the volume analyses trials and the political background. It scrutinises the issue in the normative framework of national and international human rights law, and addresses whether the prosecutions were adequately carried out. The study thus allows a concluding evaluation of the justice and consistency of South Africas internationally acclaimed amnesty process. Full table of contents available on brill.nl

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October 2009 ISBN 978 90 04 17703 1 Hardback (262 pp.) List price EUR 90.- / US$ 125. Imprint: Martinus Nijhoff

law and international law

Member States versus the European Union


2011 title

The Regulation of Gambling


Alan Littler
Since the 1990s the European Court of Justice has provided an institutional backdrop from which the requirements of EU law regarding gambling regulation are evolving. Given the total absence of harmonisation, Member States are competent to regulate gambling conditional upon such regulation being compatible with EU law. This book analyses the regulatory approaches undertaken in France, the Netherlands and the United Kingdom regarding a variety of forms of online and offline gambling with a view to assessing the compatibility of these approaches. Furthermore it illustrates prevailing commonalities between the regimes and injects a degree of realism into the debate, softening the hard stance taken by stakeholders at opposite ends of the policy spectrum. Full table of contents available on brill.nl

April 2011 ISBN 978 90 04 18658 3 Hardback (594 pp.) List price EUR 177.- / US$ 242. Imprint: Martinus Nijhoff

Fragmented State Power and Forced Migration


criminal law 2012 title

A Study on Non-State Actors in Refugee Law


Eeva Nyknen
The relative decline of state power and the increase in the significance of various non-state actors is one of the greatest challenges faced by the legal framework for the international protection of refugees and other forced migrants over previous decades. A large number of asylum seekers applying for protection in Europe and other industrialized states originate from countries where the state structure is weak, if not non-existent, and where the threats faced by individuals stem primarily from actors other than the state authorities. The legal framework for international protection, which rests on a state-centric paradigm, is struggling with claims for protection arising from such situations. Drawing extensively on international and European law, international and national case law, as well as academic writings, this study analyzes the legal obligations that states have towards refugees and other forced migrants facing threats emanating from non-state actors, exploring the transformative possibilities embedded in the law in this respect. Full table of contents available on brill.nl

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Brill 2012

August 2012 ISBN 978 90 04 22884 9 Hardback (400 pp.) List price EUR 145.- / US$ 199. Imprint: Martinus Nijhoff

State Immunity and Cultural Objects on Loan


2012 title

Nout van Woudenberg


Cultural objects have been on the move for a long time. Yet there has been no comprehensive survey to date of the current state of affairs with regard to immunity from seizure of foreign cultural objects belonging to foreign States that are on loan for temporary exhibition. This study fills that gap by examining whether there is any rule of (customary) international law stipulating that such cultural objects are immune from seizure, or whether such a rule is emerging. It also examines relevant State practice and the reasons behind it. This volume thus provides greater clarity and legal certainty in the field of lending cultural State property and should be of use both to States and to cultural institutions. Full table of contents available on brill.nl

March 2012 ISBN 978 90 04 21704 1 Hardback (xiv, 492 pp.) List price EUR 165.- / US$ 226. Imprint: Martinus Nijhoff

law and international law

The Relationship Between State and Individual Responsibility for International Crimes
Beatrice I. Bonaf
This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
criminal law

February 2009 ISBN 978 90 04 17331 6 Hardback (xii, 284 pp.) List price EUR 108.- / US$ 150. Imprint: Martinus Nijhoff

Full table of contents available on brill.nl

General Principles of Law in the Decisions of International Criminal Courts and Tribunals
Fabin Raimondo
International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged subsidiary nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning. Full table of contents available on brill.nl

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October 2008 ISBN 978 90 04 17047 6 Hardback (xxii, 214 pp.) List price EUR 98.- / US$ 136. Imprint: Martinus Nijhoff

Journals

African Journal of Legal Studies


Founding Editor-in-Chief: Charles Chernor Jalloh 2012: Volume 5 (in 3 issues) ISSN 2210-9730 / E-ISSN 1708-7384 Institutional subscription rates Electronic only: EUR 162.- / US$ 227.Print only: EUR 178.- / US$ 250.Electronic + Print: EUR 194.- / US$ 272. Individual subscription rates Print only: EUR 59.- / US$ 83.The African Journal of Legal Studies (AJLS) is a peer-reviewed and interdisciplinary academic journal focusing on human rights and rule of law issues in Africa as analyzed by lawyers, economists, political scientists and others drawn from throughout the continent and the world. The journal, which was established by the Africa Law Institute and is now copublished in collaboration with Martinus Nijhoff Publishers aims to serve as the leading forum for the thoughtful and scholarly engagement of a broad range of complex issues at the intersection of law, public policy and social change in Africa. The AJLS places emphasis on presenting a diversity of perspectives on fundamental, long-term, systemic problems of human rights and governance, as well as emerging issues, and possible solutions to them. Towards this end, AJLS encourages critical reflections that are based on empirical observations and experience as well as theoretical and multi-disciplinary approaches. It is hoped that articles appearing in the journal will influence public policy in Africa by providing original, useful and timely critiques of legislation, judicial decisions, law reform and other domestic and foreign policy measures that impact on the daily lives of ordinary Africans. In addition to articles, the journal welcomes reports on recent human rights and governance-related conferences, workshops and seminars as well as books for review and lists of recent publications. NOW AVAILABLE - Online submission: Articles for publication in the African Journal of Legal Studies can be submitted online through Editorial Manager, please visit www.editorialmanager.com/ajls For more information: brill.nl/ajls

European Journal of Crime, Criminal Law and Criminal Justice


Editors: H.-J. Albrecht, Max Planck Institute for Foreign and International Criminal Law, Germany, C. Fijnaut, Tilburg University, The Netherlands, A.H. Klip, Law School, University of Maastricht, The Netherlands, L. Paoli, Leuven Institute of Criminology, K.U. Leuven, Belgium, U. Sieber, Max Planck Institute for Foreign and International Criminal Law, Germany 2012: Volume 20 (in 4 issues) ISSN 0928-9569 / E-ISSN 1571-8174 Institutional subscription rates Electronic only: EUR 358.- / US$ 502.Print only: EUR 394.- / US$ 552.Electronic + Print: EUR 430.- / US$ 602. Individual subscription rates Print only: EUR 131.- / US$ 183.This journal aims to offer an international and comparative perspective on crime, criminal law and criminal justice in Europe. In the past five years the journal has published contributions on, among many other issues, Global Crime Calls for Global Justice; A European Public Prosecution Service: Comments on the Green Paper; Western Prisons and Chinese Prisons: Focusing on Differences; and Trial within a Trial in Scotland and Israel; Fortress Europe? - Controlling Illegal Immigration. For more information see brill.nl/eccl

Brill 2012

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Journals

Global Responsibility to Protect


Edited by Alex J. Bellamy, Sara E. Davies and Luke Glanville 2012: Volume 4 (in 4 issues) ISSN 1875-9858 / E-ISSN 1875-984X Institutional subscription rates Electronic only: EUR 234.- / US$ 328.Print only: EUR 257.- / US$ 361.Electronic + Print: EUR 281.- / US$ 393. Individual subscription rates Print only: EUR 74.- / US$ 104.Global Responsibility to Protect is the premier journal for the study and practice of the responsibility to protect (R2P). This journal seeks to publish the best and latest research on the R2P principle, its development as a new norm in global politics, its operationalization through the work of governments, international and regional organizations and NGOs, and finally, its relationship and applicability to past and present cases of genocide and mass atrocities including the global response to those cases. NOW AVAILABLE - Online submission: Articles for publication in Global Responsibility to Protect can be submitted online through Editorial Manager, please visit www.editorialmanager.com/gr2p. For more information see brill.nl/gr2p

International Criminal Law Review


Editor-in-Chief: Michael Bohlander 2012: Volume 12 (in 5 issues) ISSN 1567-536X / E-ISSN 1571-8123 Institutional subscription rates Electronic only: EUR 516.- / US$ 723.Print only: EUR 568.- / US$ 795.Electronic + Print: EUR 619.- / US$ 867. Individual subscription rates Print only: EUR 189.- / US$ 265.The practice at the ICTY and ICTR has shown that there is no real international criminal (customary) law, but only extrapolations from international public law, general principles of law and humanitarian law. The divide between the so-called common law and civil law systems and their differences in approach to solving legal problems make it necessary to establish an international forum for discussion and development of a common ground on which the work of the international courts can build. This is especially true with regard to the so-called General Part of the substantive criminal law, like forms of participation, actus reus and mens rea categories, defences and excuses, offence types, sentencing, enforcement etc. But also the procedural law still lacks sharp features in many aspects; the ICCs Rules of Procedure and Evidence will be in need of interpretation. NOW AVAILABLE - Online submission: Articles for publication in the International Criminal Law Review can be submitted online through Editorial Manager, please visit www.editorialmanager.com/icla. For more information see brill.nl/icla

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Journals

International Negotiation
A Journal of Theory and Practice
Editor-in-Chief: Bertram I. Spector 2012: Volume 17 (in 3 issues) ISSN 1382-340X / E-ISSN 1571-8069 Institutional subscription rates Electronic only: EUR 308.- / US$ 431.Print only: EUR 339.- / US$ 474.Electronic + Print: EUR 369.- / US$ 517. Individual subscription rates Print only: EUR 103.- / US$ 144.International Negotiation: A Journal of Theory and Practice examines negotiation from many perspectives, to explore its theoretical foundations and to promote its practical application. It addresses the processes of negotiation relating to political, security, environmental, ethnic, economic, business, legal, scientific and cultural issues and conflicts among nations, international and regional organisations, multinational corporations and other non-state parties. Conceptually, the Journal confronts the difficult task of developing interdisciplinary theories and models of the negotiation process and its desired outcome. For more information see brill.nl/iner

Journal of International Peacekeeping


Edited by Boris Kondoch and Harvey Langholtz 2012: Volume 16 (in 4 issues) ISSN 1875-4104 / E-ISSN 1875-4112 Institutional subscription rates Electronic only: EUR 234.- / US$ 328.Print only: EUR 257.- / US$ 361.Electronic + Print: EUR 281.- / US$ 393. Individual subscription rates Print only: EUR 79.- / US$ 111.The Journal of International Peacekeeping is devoted to reporting upon and analyzing international peacekeeping with an emphasis upon legal and policy issues, but is not limited to these issues. Topics include inter alia peacekeeping, peace, war, conflict resolution, diplomacy, international law, international security, humanitarian relief, humanitarian law, and terrorism. For more information see brill.nl/joup

Brill 2012

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Authors index

22 16 17 10 27

10

31 31 31 31 30 12 22 15

41 39

11 29

29

13

39

14 34 26

Abtahi, H., Webb, P., The Genocide Convention: The Travaux Prparatoires (2 vols) Alfredsson, G., Grimheden, J., Ramcharan, B.G., Zayas, A. (eds), International Human Rights Monitoring Mechanisms, Essays in Honour of Jakob Th. Mller, 2nd Revised Edition Allain, J., The Slavery Conventions, The Travaux Prparatoires of the 1926 League of Nations Convention and the 1956 United Nations Convention Barrett, D., Veerman, P.E., A Commentary on the United Nations Convention on the Rights of the Child, Article 33: Protection from Narcotic Drugs and Psychotropic Substances Bassiouni, M.C. (ed.), International Criminal Law (3 vols) Bassiouni, M.C. (ed.), International Criminal Law, Volume 1 Sources, Subjects and Contents, Volume 1 Bassiouni, M.C. (ed.), International Criminal Law, Volume 2 Multilateral and Bilateral Enforcement Mechanisms Bassiouni, M.C. (ed.), International Criminal Law, Volume 3 International Enforcement Bassiouni, M.C., Introduction to International Criminal Law, 2nd Revised Edition Bassiouni, M.C., Ben Ami, S. (eds), A Guide to Documents on the Arab-Palestinian/Israeli Conflict: 1897-2008 Beyani, C., Protection of the Right to Seek and Obtain Asylum under the African Human Rights System Blumenthal, D.A., McCormack, T.L. (eds), The Legacy of Nuremberg: Civilising Influence or Institutionalised Vengeance? Bonaf, B., The Relationship Between State and Individual Responsibility for International Crimes Bubenzer, O., Post-TRC Prosecutions in South Africa, Accountability for Political Crimes after the Truth and Reconciliation Commissions Amnesty Process Bueren, G., A Commentary on the United Nations Convention on the Rights of the Child, Article 40: Child Criminal Justice Cornelisse, G., Immigration Detention and Human Rights, Rethinking Territorial Sovereignty Crawshaw, R., Police and Human Rights, A Manual for Teachers and Resource Persons and for Participants in Human Rights Programmes: Second Revised Edition Crawshaw, R., Holmstrm, L. (eds), Essential Texts on Human Rights for the Police, A Compilation of International Instruments: Second, Revised Edition Dawson, G., Farber, S., Forcible Displacement Throughout the Ages, Towards an International Convention for the Prevention and Punishment of the Crime of Forcible Displacement Dwertmann, E., The Reparation System of the International Criminal Court, Its Implementation, Possibilities and Limitations Eboe-Osuji, C., International Law and Sexual Violence in Armed Conflicts El Zeidy, M., The Principle of Complementarity in International Criminal Law, Origin, Development and Practice Eriksson, M., Defining Rape: Emerging Obligations for States under International Law?

2010

Abbell, M., Extradition to and from the United States 2010 Abbell, M., International Prisoner Transfer 2010 Abbell, M., Obtaining Evidence Abroad in Criminal Cases

38

13

20

21 36 9

International Criminal Tribunal for the former Yugoslavia, Judicial Reports / Recueils judiciaires, 1999 3 Jalloh, C., Meisenberg, S. (eds), The Law Reports of the
7

Ferstman, C., Goetz, M., Stephens, A. (eds), Reparations for Victims of Genocide, War Crimes and Crimes against Humanity, Systems in Place and Systems in the Making Finnin, S., Elements of Accessorial Modes of Liability, Articles 25 (3)(b) & (c) of the Rome Statute of the International Criminal Court Groenhuijsen, M., Kooijmans, T. (eds), The Reform of the Dutch Code of Criminal Procedure in Comparative Perspective Hagay-Frey, A., Sex and Gender Crimes in the New International Law, Past, Present, Future Hussain, I., Afghanistan, Iraq, and Post-Conflict Governance: Damoclean Democracy?

28

14 23 18

19

27 8 25 40 32 32

24 5

37 40

Special Court for Sierra Leone, Volume 1: Prosecutor v. Brima, Kamara and Kanu (The AFRC Case) Kamchedzera, G., A Commentary on the United Nations Convention on the Rights of the Child, Article 5: The Childs Right to Appropriate Direction and Guidance Karanja, S., Transparency and Proportionality in the Schengen Information System and Border Control Cooperation Kastner, P., International Criminal Justice <i>in bello</i>?, The ICC between Law and Politics in Darfur and Northern Uganda Kielsgard, M.D., Reluctant Engagement: U.S. Policy and the International Criminal Court Kloth, M., Immunities and the Right of Access to Court under Article 6 of the European Convention on Human Rights Koch, I., Human Rights as Indivisible Rights, The Protection of Socio-Economic Demands under the European Convention on Human Rights Kuwali, D., The Responsibility to Protect, Implementation of Article 4(h) Intervention Laucci, C., Code annot de la Cour pnale internationale, 2008 Letho, M., Indirect Responsibility for Terrorist Acts, Redefinition of the Concept of Terrorism Beyond Violent Acts Littler, A., Member States versus the European Union, The Regulation of Gambling Littler, A., Fijnaut, C.J. (eds), The Regulation of Gambling: European and National Perspectives Littler, A., Hoekx, N., Fijnaut, C.J., Verbeke, A.L. (eds), In the Shadow of Luxembourg: EU and National Developments in the Regulation of Gambling Makkonen, T., Equal in Law, Unequal in Fact, Racial and Ethnic Discrimination and the Legal Response Thereto in Europe Muntarbhorn, V., A Commentary on the United Nations Convention on the Rights of the Child, Article 34: Sexual Exploitation and Sexual Abuse of Children Naamat, T., Osin, N., Porat, D. (eds), Legislating for Equality, A Multinational Collection of Non-Discrimination Norms. Volume I: Europe Nafziger, J.A., Nicgorski, A.M., Cultural Heritage Issues, The Legacy of Conquest, Colonization and Commerce Nyknen, E., Fragmented State Power and Forced Migration, A Study on Non-State Actors in Refugee Law

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Authors index

23 37

20 38

41 33

34

5
criminal law

33 36 12

46
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International Legal Analysis Phan, H.D., A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia, The Case for a Southeast Asian Court of Human Rights Pikis, G.M., Justice and the Judiciary Pikis, G.M., The Rome Statute for the International Criminal Court, Analysis of the Statute, the Rules of Procedure and Evidence, the Regulations of the Court and Supplementary Instruments Raimondo, F., General Principles of Law in the Decisions of International Criminal Courts and Tribunals Roth, V., Defining Human Trafficking and Identifying Its Victims, A Study on the Impact and Future Challenges of International, European and Finnish Legal Responses to Prostitution-Related Trafficking in Human Beings Sadat, L., Scharf, M., The Theory and Practice of International Criminal Law, Essays in Honor of M. Cherif Bassiouni Schabas, W., Sax, H., A Commentary on the United Nations Convention on the Rights of the Child, Article 37: Prohibition of Torture, Death Penalty, Life Imprisonment and Deprivation of Liberty Schloenhardt, A., Palermo in the Pacific, Organised Crime Offences in the Asia Pacific Region Shetreet, S., Forsyth, C. (eds), The Culture of Judicial Independence, Conceptual Foundations and Practical Challenges Smeulers, A., Grnfeld, F., International Crimes and Other Gross Human Rights Violations, A Multi- and Interdisciplinary Textbook

Pati, R., Due Process and International Terrorism, An

32 18

11 19 21 35 28

15

24 33 40 35

Addiction and the Regulation of Gambling Ssenyonjo, M. (ed.), The African Regional Human Rights System, 30 Years after the African Charter on Human and Peoples Rights Staffans, I., Evidence in European Asylum Procedures Stahn, C., Sluiter, G. (eds), The Emerging Practice of the International Criminal Court Steinberg, G., Herzberg, A., Berman, J., Best Practices for Human Rights and Humanitarian NGO Fact-Finding Steinberg, R.H. (ed.), Assessing the Legacy of the ICTY Stigen, J., The Relationship between the International Criminal Court and National Jurisdictions, The Principle of Complementarity Swepston, L., A Commentary on the United Nations Convention on the Rights of the Child, Article 32: Protection from Economic Exploitation Tanaka, Y., McCormack, T.L., Simpson, G. (eds), Beyond Victors Justice? The Tokyo War Crimes Trial Revisited Uruea, R., No Citizens Here: Global Subjects and Participation in International Law Wilt, H., Vervliet, J., Sluiter, G., Houwink ten Cate, J. (eds), The Genocide Convention, The Legacy of 60 Years Woudenberg, N., State Immunity and Cultural Objects on Loan Wyngaert, C., Dewulf, S. (eds), International Criminal Law, A Collection of International and Regional Instruments; Fourth Revised Edition

Spapens, A., Fijnaut, C.J., Littler, A. (eds), Crime,

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