Kai Ambos

Bio: Kai Ambos is an academic researcher from University of Göttingen. The author has contributed to research in topics: Criminal law & Statute. The author has an hindex of 22, co-authored 229 publications receiving 2234 citations. Previous affiliations of Kai Ambos include Ludwig Maximilian University of Munich & Max Planck Society.

European Criminal Law

Abstract: Since their creation, the European Union and the Council of Europe have worked to harmonise the justice systems of their member states. This project has been met with a series of challenges. European Criminal Law offers a compelling insight into the development and functions of European criminal law. It tracks the historical development of European criminal law, offering a detailed critical analysis of the criminal justice systems responsible for its implementation. While the rapid expansion and transnationalisation of criminal law is a necessary response to the growing numbers of free movement of persons and goods, it has serious implications for the rights of European citizens and needs to be balanced with rights protections. With its close analysis of secondary legislation and reliance on a wide variety of original sources, this book provides a thorough understanding of European Criminal Law and the institutions involved.

Treatise on international criminal law

Abstract: This second edition of Volume I of the three-volume Treatise on International Criminal Law addresses the foundations of international criminal law and the emerging general principles. It examines the history of the discipline and the concepts behind it. Starting with the development of international criminal justice, the book proceeds as follows: it attends to the sources of international criminal law, then moves to investigate the general structure of crime in international criminal law, and addresses in detail the concept and forms of individual criminal responsibility; it then turns to the subjective requirements of criminal responsibility, and defences that exclude such responsibility. International criminal justice is a flourishing field, with the birth of new international criminal tribunals and both accountability and investigative mechanisms. Case law increases rapidly, so does the ensuing substantive scholarship. This is also true for international criminal law’s foundations and general principles, treated in this volume. Thus, the previous edition has been completely revised, updated, and rewritten in some parts. The author strived to include both relevant case law and scholarly work up to March 2021.

Joint Criminal Enterprise and Command Responsibility

Abstract: The joint criminal enterprise doctrine appears more and more as the ‘magic weapon’ in the prosecution of international crimes. Yet, the doctrine not only gives rise to conceptual confusion and conflicts with some fundamental principles of (international) criminal law but also invades the traditional ambit of command responsibility liability. This becomes obvious if both doctrines are applied simultaneously in cases against accused with some kind of superior position. After a short introduction on both doctrines, as interpreted in modern case law, the article gives some examples of their simultaneous application and tries to develop distinguishing criteria in light of the case law and a ‘dogmatic’ analysis of both the doctrines. A reference to the theory of ‘Organisationsherrschaft’ shows that there is yet another option to impute international crimes to top perpetrators.

International Criminal Procedure: 'Adversarial', 'Inquisitorial' or Mixed?

Abstract: The article analyses whether international criminal procedure is “adversarial”, “inquisitorial” or mixed. It examines the law of the ICTY and the ICC, including the relevant case law. This law has developed from an adversarial to a truly mixed procedure by way of various amendments of the ICTY’s Rules of Procedure and Evidence (RPE) and the drafting of the Rome Statute merging civil and common law elements in one international procedure. It is no longer important whether a rule is either “adversarial” or “inquisitorial” but whether it assists the Tribunals in accomplishing their tasks and whether it complies with fundamental fair trial standards. As to an efficient trial management an UN Expert Group called for a more active role of the judges, in particular with regard to the direction of the trial and the collection of evidence. In this context, it is submitted that a civil law like judge-led procedure may better avoid delays produced by the free interplay of the parties. Ultimately, however, the smooth functioning of a judicial system depends on its actors, procedural rules provide only a general framework in this regard. A truly mixed procedure requires Prosecutors, Defense Counsel and Judges who have knowledge of both common and civil law and are able to look beyond their own legal systems.

General Principles of Criminal Law in the Rome Statute

Abstract: More than fifty years after the Nuremberg trials, the international community has established a permanent International Criminal Court (ICC). The dramatic midnight vote in Rome on July 17, 1998, called by the United States of America, overwhelmingly approved the statute for the ICC by 120 votes to seven, with twenty-one abstentions.1 The vote was a historical breakthrough and the message sent out from Rome is an unequivocal stop to impunity for grave human rights violations. However, a closer look at the Rome Statute brings us quickly back to the world of complex legal technicalities and insufficiencies, a product of the “spirit of compromise” hanging over the diplomatic negotiations at the Food and Agriculture Organization building in Rome. The Rome Statute is not a dogmatically refined international model penal and procedural code. It could not be. But it is an attempt to merge the criminal justice systems of more than 150 States into one legal instrument that was more or less acceptable to every delegation present in Rome. This applies to all parts of the Statute, but in particular to Part 3, which is entitled “General Principles.” For criminal lawyers, the general part is the centre of dogmatic reflections and the starting point for any criminal

Current index to legal periodicals

Abstract: American Bankruptcy Institute Law Review 17 Am. Bankr. Inst. L. Rev., No. 1, Spring, 2009. Boston College Law Review 50 B.C. L. Rev., No. 3, May, 2009. Boston University Public Interest Law Journal 18 B.U. Pub. Int. L.J., No. 2, Spring, 2009. Cardozo Journal of Conflict Resolution 10 Cardozo J. Conflict Resol., No. 2, Spring, 2009. Cardozo Public Law, Policy, & Ethics Journal 7 Cardozo Pub. L. Pol’y & Ethics J., No. 3, Summer, 2009. Chicago Journal of International Law 10 Chi. J. Int’l L., No. 1, Summer, 2009. Colorado Journal of International Environmental Law and Policy 20 Colo. J. Int’l Envtl. L. & Pol’y, No. 2, Winter, 2009. Columbia Journal of Law & the Arts 32 Colum. J.L. & Arts, No. 3, Spring, 2009. Connecticut Public Interest Law Journal 8 Conn. Pub. Int. L.J., No. 2, Spring-Summer, 2009. Cornell Journal of Law and Public Policy 18 Cornell J.L. & Pub. Pol’y, No. 1, Fall, 2008. Cornell Law Review 94 Cornell L. Rev., No. 5, July, 2009. Creighton Law Review 42 Creighton L. Rev., No. 3, April, 2009. Criminal Law Forum 20 Crim. L. Forum, Nos. 2-3, Pp. 173-394, 2009. Delaware Journal of Corporate Law 34 Del. J. Corp. L., No. 2, Pp. 433-754, 2009. Environmental Law Reporter News & Analysis 39 Envtl. L. Rep. News & Analysis, No. 7, July, 2009. European Journal of International Law 20 Eur. J. Int’l L., No. 2, April, 2009. Family Law Quarterly 43 Fam. L.Q., No. 1, Spring, 2009. Georgetown Journal of International Law 40 Geo. J. Int’l L., No. 3, Spring, 2009. Georgetown Journal of Legal Ethics 22 Geo. J. Legal Ethics, No. 2, Spring, 2009. Golden Gate University Law Review 39 Golden Gate U. L. Rev., No. 2, Winter, 2009. Harvard Environmental Law Review 33 Harv. Envtl. L. Rev., No. 2, Pp. 297-608, 2009. International Review of Law and Economics 29 Int’l Rev. L. & Econ., No. 1, March, 2009. Journal of Environmental Law and Litigation 24 J. Envtl. L. & Litig., No. 1, Pp. 1-201, 2009. Journal of Legislation 34 J. Legis., No. 1, Pp. 1-98, 2008. Journal of Technology Law & Policy 14 J. Tech. L. & Pol’y, No. 1, June, 2009. Labor Lawyer 24 Lab. Law., No. 3, Winter/Spring, 2009. Michigan Journal of International Law 30 Mich. J. Int’l L., No. 3, Spring, 2009. New Criminal Law Review 12 New Crim. L. Rev., No. 2, Spring, 2009. Northern Kentucky Law Review 36 N. Ky. L. Rev., No. 4, Pp. 445-654, 2009. Ohio Northern University Law Review 35 Ohio N.U. L. Rev., No. 2, Pp. 445-886, 2009. Pace Law Review 29 Pace L. Rev., No. 3, Spring, 2009. Quinnipiac Health Law Journal 12 Quinnipiac Health L.J., No. 2, Pp. 209-332, 2008-2009. Real Property, Trust and Estate Law Journal 44 Real Prop. Tr. & Est. L.J., No. 1, Spring, 2009. Rutgers Race and the Law Review 10 Rutgers Race & L. Rev., No. 2, Pp. 441-629, 2009. San Diego Law Review 46 San Diego L. Rev., No. 2, Spring, 2009. Seton Hall Law Review 39 Seton Hall L. Rev., No. 3, Pp. 725-1102, 2009. Southern California Interdisciplinary Law Journal 18 S. Cal. Interdisc. L.J., No. 3, Spring, 2009. Stanford Environmental Law Journal 28 Stan. Envtl. L.J., No. 3, July, 2009. Tulsa Law Review 44 Tulsa L. Rev., No. 2, Winter, 2008. UMKC Law Review 77 UMKC L. Rev., No. 4, Summer, 2009. Washburn Law Journal 48 Washburn L.J., No. 3, Spring, 2009. Washington University Global Studies Law Review 8 Wash. U. Global Stud. L. Rev., No. 3, Pp.451-617, 2009. Washington University Journal of Law & Policy 29 Wash. U. J.L. & Pol’y, Pp. 1-401, 2009. Washington University Law Review 86 Wash. U. L. Rev., No. 6, Pp. 1273-1521, 2009. William Mitchell Law Review 35 Wm. Mitchell L. Rev., No. 4, Pp. 1235-1609, 2009. Yale Journal of International Law 34 Yale J. Int’l L., No. 2, Summer, 2009. Yale Journal on Regulation 26 Yale J. on Reg., No. 2, Summer, 2009.

Accountability and the Promise of Performance: In Search of the Mechanisms

Abstract: In an effort to determine the basis for the assumed relationship between accountability and performance that pervades much of contemporary administrative reform efforts, this paper applies a "social mechanisms" approach to elaborate the factors that might be involved in account giving and various forms of administrative performance. This search for mechanisms indicates that the relationship is paradoxical and either spurious or so contingent as to raise questions regarding administrative reforms based on it. Various theoretical approaches for dealing with the relationship are considered.

An Introduction to the International Criminal Court

Abstract: The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.

An Introduction to International Criminal Law and Procedure

Abstract: Written by a team of international lawyers with extensive academic and practical experience of international criminal law, the fourth edition of this leading textbook offers readers comprehensive coverage and a high level of academic rigour while maintaining its signature accessible and engaging style. Introducing the readers to the fundamental concepts of international criminal law, as well as the domestic and international institutions that enforce that law, this book engages with critical questions, political and moral challenges, and alternatives to international justice. Suitable for undergraduate and postgraduate students, academics and practitioners in the field, and cited by the International Criminal Tribunal for Yugoslavia, the International Criminal Court, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the highest courts in domestic systems, this book is a must-read for anyone interested in learning more about international criminal law.

European Criminal Law

Abstract: Since their creation, the European Union and the Council of Europe have worked to harmonise the justice systems of their member states. This project has been met with a series of challenges. European Criminal Law offers a compelling insight into the development and functions of European criminal law. It tracks the historical development of European criminal law, offering a detailed critical analysis of the criminal justice systems responsible for its implementation. While the rapid expansion and transnationalisation of criminal law is a necessary response to the growing numbers of free movement of persons and goods, it has serious implications for the rights of European citizens and needs to be balanced with rights protections. With its close analysis of secondary legislation and reliance on a wide variety of original sources, this book provides a thorough understanding of European Criminal Law and the institutions involved.