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International criminal law. --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes

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"The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law (ICL). As a nascent legal regime that seeks to regulate the longstanding power of states to manage war and crime, ICL faces challenges to its legitimacy, including disagreement over its aims and effectiveness; inequality in the work of its institutions; and opposition from dominant countries. The editors bring together eleven senior and emerging scholars and practitioners from Europe, Asia, Africa, Australia and North America to analyse these challenges from an illuminating range of theoretical and empirical perspectives. Taken together, the collection ultimately helps advance our understanding of the particularly charged relationship between law and politics in ICL"--

International criminal law --- Political aspects. --- Droit international pénal --- Aspect politique. --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Droit international pénal

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This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court. The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor’s expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events and what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated reasons: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology. Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs. Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK. .

Law of armed conflicts. Humanitarian law --- International law --- Public law. Constitutional law --- Criminal law. Criminal procedure --- internationaal recht --- publiek recht --- International criminal law --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- Criminal jurisdiction --- International crimes --- History.

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“Ñusta Carranza Ko's exciting new book deftly challenges the conventional wisdom, showing through detailed case studies of Peru, Uruguay, and South Korea that domestic political factors dominate over international advocacy in explaining long term adherence to--or backsliding from--international human rights and transitional justice norms. Carranza Ko should be commended for an important contribution to international relations and political science.” --Clifford Bob, Professor and Chair of Political Science, Duquesne University This book presents the first cross-regional analysis of post-transitional justice periods and the conditions that influence states’ behaviors. Specifically, the book examines why states that adopt and ostensibly implement transitional justice norms as policies—criminal prosecutions, reparations policies, and truth commissions—fail to follow through with their recommendations. Applying these perspectives to a comparative study of states from Latin America and East Asia—namely, Peru, Uruguay, and South Korea—which accepted and implemented transitional justice norms but took different trajectories of behavior after the implementation of policies, this book contributes to understanding the relationship of norm influence on states and why states change in compliance after norm adoption. The book explores the conditions that contribute or limit the continued respect for transitional justice norms, emphasizing the political interests and transnational advocacy networks’ roles in affecting states’ policies of addressing past abuses. Ñusta Carranza Ko is an Assistant Professor in the School of Public and International Affairs at the University of Baltimore. She is the co-author of Theories of International Relations and the Game of Thrones (Lanham: Lexington Books, 2019). Her research focuses on transitional justice in Latin America and Asia, and indigenous peoples’ rights in Peru. .

Transitional justice. --- Justice --- Human rights --- Human rights. --- International criminal law. --- World politics. --- Asia --- Politics and Human Rights. --- Human Rights. --- International Criminal Law. --- Political History. --- Asian Politics. --- Colonialism --- Global politics --- International politics --- Political history --- Political science --- World history --- Eastern question --- Geopolitics --- International organization --- International relations --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Politics and government. --- Law and legislation

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"This book examines the presumption of innocence from both a practical and theoretical point of view to determine what the presumption of innocence is and how it operates within law. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and enable the development of a remedy for the violation and ensuring that the presumption of innocence is protected"

Presumption of innocence --- International law and human rights --- International criminal law --- Presumption of innocence. --- International law and human rights. --- International criminal law. --- Présomption d'innocence. --- Droit humanitaire. --- Droit pénal international --- Human rights. --- Droits de l'homme. --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Human rights and international law --- Human rights --- Innocence, Presumption of --- Burden of proof --- Criminal procedure --- Evidence, Criminal --- Presumptions (Law) --- Présomption d'innocence. --- Droit pénal international