"A Problem from Hell": America and the Age of Genocide

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.

/pdf/an-introduction-to-international-criminal-law-and-procedure-1adnsr1g18.pdf

An Introduction to International Criminal Law and Procedure

\"malaria as a disease\" in the pre-DDT era must not be forgotten, for, as he states, \"it is of great importance to keep alive the excitement of the malaria story, an aim to which this publication is dedicated\". The author successfully meets this aim. The design of the book itself is simple and attractive and immediately offers both the specialist and non-specialist reader a fascinating insight into the debates as well as the problems and politics that have thwarted attempts over the centuries to eradicate and control malaria. The book is divided into three parts: 'The yesterday of malaria', 'The today of malaria', and 'The tomorrow of malaria'. In the historical part, the ancient history of the disease receives a brief mention and it is the history of its control in different parts of the world during the twentieth century, following the discoveries by Charles Louis Alphonse Laveran, Patrick Manson, Ronald Ross, Giovanni Grassi and others of the plasmodium parasites and the mosquito cycle, that dominates this section. Litsios's fascinating accounts of the researches, ideas, disputes and frustrations of five key malariologists, Paul Russell, Louis Hackett, C Percy James, Sir Malcolm Watson and Nicholas Swellengrebel, are especially illuminating. The second section explores the DDT era of malaria control and eradication. Revealing comments are taken from official reports as well as from the unpublished diaries of a number of leading players in the main malaria conferences and debates, allowing the reader to be drawn into the realities and complexities of malaria control efforts in the 1950s and 1960s. The final part of the book offers a valuable opportunity to understand how and why global politics have shaped the present and future malaria situation. It also includes a short discussion of the various strategies and scientific tools which are currently being adopted or developed in the hope of controlling the global threat of malaria. The book ends on a note of caution. Malaria is interwoven into the fabric of life in a complex way and, as Litsios demonstrates, there will be no easy answers to solving the very critical issue of the \"tomorrow of malaria\". The book is published at a time when we shall shortly be \"celebrating\" the centenary of the discovery of the mosquito transmission of malaria and the golden jubilee of the World Health Organisation's attempts at global eradication of the disease. It is a timely reminder that, in spite of important scientific discoveries and global campaigns, human endeavours have not solved the tomorrow of malaria. This is an excellent introductory text and highly recommended for all those who are concerned with the past, present and future of malaria and its wider implications.

/pdf/the-origins-of-nazi-genocide-from-euthanasia-to-the-final-44fzur2r58.pdf

The origins of Nazi genocide: from euthanasia to the final solution.

Although human trafficking has a long and ignoble history, it is only recently that trafficking has become a major political issue for states and the international community and the subject of detailed international rules. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of state responsibility as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of states with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators. This book is a groundbreaking work: a unique and valuable resource for policymakers, advocates, practitioners and scholars working in this controversial and important field.

/pdf/the-international-law-of-human-trafficking-38yvtb9jtf.pdf

The International Law of Human Trafficking

Book review of  An Introduction to the International Criminal Court  by  William A. Schabas and published by Cambridge University Press (Cambridge), 2001. (406 pp.)

An Introduction to the International Criminal Court

1. Introduction 2. From Compromise to Principle 3. Policy Behind the Rule 4. Models of Extraterritorial Application 5. Norm Conflicts, International Humanitarian Law, and Human Rights Law 6. General Conclusion

Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy

The article analyses the European Court of Human Rights� recent judgments in Al-Skeini v. United Kingdom and Al-Jedda v. United Kingdom. The former is set to become the leading Strasbourg authority on the extraterritorial application of the ECHR; the latter presents significant developments with regard to issues such as the dual attribution of conduct to states and to international organizations, norm conflict, the relationship between the ECHR and general international law, and the ability or inability of UN Security Council decisions to displace human rights treaties by virtue of Article 103 of the UN Charter. The article critically examines the reasoning behind the two judgments, as well as their broad policy implications regarding ECHR member state action abroad and their implementation of various Security Council measures.

/pdf/al-skeini-and-al-jedda-in-strasbourg-4i0q4jw2od.pdf

Al-Skeini and Al-Jedda in Strasbourg

In the past years international law has made strides in establishing individual responsibility for crimes against international law as one of its most fundamental principles. This year, however, provides us with the first opportunity for adjudication on state responsibility for genocide in the case brought before the International Court of Justice by Bosnia and Herzegovina against Serbia and Montenegro. This article attempts to provide a methodological approach for deciding the many issues raised by this case, mainly by focusing on a strict separation between primary and secondary rules of international law, with this approach being both theoretically and practically desirable. The article also deals with the question of state responsibility for acts of non-state actors on the basis of state de facto control. By applying this general methodology to the facts of the Genocide case, the article will show that the principal difficulties the Court will face if it decides to use this approach will not be in applying the relevant substantive law, but in establishing the facts and assessing the available evidence.

State Responsibility for Genocide

The extraterritorial application of human rights treaties is surely one of the most interesting issues that international law is facing today. Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently, before courts both international and domestic. Victims of aerial bombardment, inhabitants of territories under military occupation - including deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. Obviously, all of these matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. Further complexity is added by the often concurrent questions such as state responsibility for acts of international organizations or the relationship between human rights law and humanitarian law. This article will not be attempting to establish whether a particular human rights treaty should apply in a specific factual situation or not, or whether this case or that was wrongly decided. Though the latter kind of analysis in particular cannot be avoided - or, indeed, is to be relished - the purpose of this article is more systemic - to unravel the notion of 'jurisdiction' found in the clauses of various human rights treaties, particularly those protecting civil and political rights, which define their scope of applicability, and on the interpretation of which the extraterritorial application of these treaties ultimately hinges. As will be seen, a number of concepts hide themselves behind this single word, 'jurisdiction', and its different meanings contribute to the confusion found both in the jurisprudence and in academic commentary. The article will first provide a brief overview of jurisdiction clauses in the various treaties, and will then proceed to distinguish this notion of 'jurisdiction' from that eponymous notion in general international law, and from the concept of state responsibility. Note: A pre-print version of an article forthcoming in the Human Rights Law Review, published and copyrighted by Oxford University Press. Please cite to the final published version, which will be available on the Oxford Journals website, whenever possible

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1139174_code655207.pdf?abstractid=1139174&mirid=1&type=2

From Compromise to Principle: Clarifying the Concept of State Jurisdiction in Human Rights Treaties

The article comments on the recent judgment of the International Court of Justice in the Genocide case, and discusses several issues which arise from it. It first briefly explains the several constraints under which the Court had to operate in deciding this case, most notably its limited jurisdiction, the legally very strict definition of genocide, and the litigation strategies of the two parties. The article then turns to examining two specific issues that the Court did not address in a fully satisfactory manner, namely the question of Serbia's responsibility for the acts of the Scorpions paramilitary group, as well as the Court's refusal to ask Serbia to produce certain confidential military documents. The Court's analysis of state responsibility for complicity in genocide and state responsibility for failing to prevent genocide is then addressed. The article finally criticizes the Court's reasoning when it comes to reparation and remedies.

/pdf/state-responsibility-for-genocide-a-follow-up-2q08h5s3fs.pdf

Marko Milanovic

Papers

Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy

Al-Skeini and Al-Jedda in Strasbourg

State Responsibility for Genocide

From Compromise to Principle: Clarifying the Concept of State Jurisdiction in Human Rights Treaties

State responsibility for genocide: a follow-up