The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.

This volume supersedes Volume 7 of the series.

This thorough commentary on the International Criminal Tribunal for the Former Yugoslavia draws on legislative history, international and comparative law sources, and the Tribunal's Rules of Procedure and Evidence to analyze its workings, effectiveness, and significance in the development of international ciminal law. In addition to its penetrating commentary, the book provides an overview of the conflict of the former Yugoslavia, an article-by-article analysis of the Statute, and annotated texts of the Rules of Procedure, the Rules on Detention, and the Directives for the Assignment of Defence Counsel.

Treatment, the authors of the oft-cited Insider's Guide to the International Criminal Tribunal for the Former Yugoslavia provide a meticulously documented analysis of the legal instruments & precedents governing the work of the Rwanda Tribunal. They examine the multitude of extraordinary new issues raised by the Rwanda Tribunal & assess its important contribution to the identification of crimes that may fall under international jurisdiction. Volume 2 contains an invaluable collection of the constitutive & interpretative documents of the Tribunal.

Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.

From the brink of dissolution in 1945 to the triumph of the Geneva Conventions in 1949, via the Nuremberg Trials, runaway Nazis, and furious battles with communist critics on the eve of the Cold War, this is the intriguing and remarkable story of the International Red Cross - and how it survived its ambiguous relationship with the Nazis during the Second World War. The Geneva-based International Committee of the Red Cross (ICRC) is one of the world's oldest, most prominent, and revered aid organizations. But at the end of World War II things could not have looked more different. Under fire for its failure to speak out against the Holocaust or to extend substantial assistance to Jews trapped in Nazi camps across Europe, the ICRC desperately needed to salvage its reputation in order to remain relevant in the post-war world. Indeed, the whole future of Switzerland's humanitarian flagship looked to hang in the balance at this time. Torn between defending Swiss neutrality and battling Communist critics in the early Cold War, the Red Cross leadership in Geneva emerged from the world war with a new commitment to protecting civilians caught in the crossfire of conflict. But they did so while defending former Nazis at the Nuremberg Trials and issuing travel papers to many of Hitler's former henchmen. These actions did little to silence the ICRC's critics, who unfavourably compared the 'shabby' neutrality of the Swiss with the 'good' neutrality of the Swedes, their eager rivals for leadership in international humanitarian initiatives. In spite of all this, by the end of the decade, the ICRC had emerged triumphant from its moment of existential crisis, navigating the new global order to reaffirm its leadership in world humanitarian affairs against the challenge of the Swedes, and playing a formative role in rewriting the rules of war in the Geneva Conventions of 1949. This uncompromising new history tells the remarkable and intriguing story of how the ICRC achieved this - successfully escaping the shadow of its ambiguous wartime record to forge a new role and a new identity in the post-1945 world.