International Criminal Law: International Enforcement, Volume 3

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M. Cherif Bassiouni
BRILL, 2008 - Law - 722 pages
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Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victimsa (TM) Rights in International Law).
 

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Contents

International Criminal Tribunal and Mixed Model
67
National Prosecutions for International Crimes
283
Contemporary Issues in International Criminal Law Doctrine and Practice
457
Table of Authorities
703
Copyright

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About the author (2008)

Mahmoud Cherif Bassiouni was born in Cairo, Egypt on December 9, 1937. In 1956, he fought in the Suez conflict. He was wounded and decorated, but then put under house arrest for denouncing what he called the extreme torture and disappearances taking place under President Gamal Abdel Nasser. He was released after seven months, but was not allowed to leave the country. After being threatened again for speaking out, he escaped from Egypt by stowing away on a ship leaving for Italy in 1961. He emigrated to the United States in 1962 and became a naturalized citizen. He studied law in Egypt, France, Switzerland, and the United States. He was a founder of the International Human Rights Law Institute at DePaul University in Chicago, where he taught for 45 years. He was co-chairman of the committee that drafted the United Nations Convention Against Torture and was sent as a United Nations expert to report on war crimes in Afghanistan, Bahrain, Libya, and Iraq. He wrote 35 books and more than 270 essays and law review articles. In 2007, he received the Hague Prize for International Law. He died from complications of multiple myeloma on September 25, 2017 at the age of 79.

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