New and Notable: International Criminal Law and its Enforcement
Beth Van Schaack
Ronald Slye, Professor of Law
“This casebook provides a comprehensive introduction to the law, theory, institutions, and practice of international criminal law through the use of rich problems and compelling jurisprudence from around the world. It provides a solid grounding in the historical development of international criminal law and related institutions, as well as introducing contemporary developments in the field. It can be used as a text for an introductory lecture course on international criminal law as well as an advanced class in international law. The casebook and website include basic introductory materials on public international law and criminal law, thus making it accessible to students and professors who are new to either subject. The casebook also comes with a comprehensive 270-page teacher’s manual.
After an introduction to the principles and practices of international and extraterritorial jurisdiction, this text covers the substantive jurisdiction of the International Criminal Court-war crimes, crimes against humanity, genocide, and aggression-as well as the international crimes of torture and terrorism. It undertakes an elemental analysis of these international crimes as they have developed and evolved in international law and focuses on the challenges of interpreting and applying these norms in a criminal prosecution. Students will scrutinize the jurisprudence of the international and hybrid war crimes tribunals and the text of and deliberations surrounding the ICC Statute with an emphasis on understanding the prosecution’s burden, available defenses, and sources of proof. Although the focus of the text is on substantive law, it does include materials (notes, questions, and some cases) on selected procedural issues that present unique challenges in international criminal law, such as apprehending the accused and sentencing.
The book draws from the work of a broad range of institutions that adjudicate and interpret international criminal law-including international, hybrid, and domestic tribunals and other transitional justice mechanisms-and tracks the vertical and horizontal cross-fertilization of concepts and precedents. It also deliberately presents jurisprudence developed outside of North America and Europe in order to better expose students to the global nature of international criminal law. By situating international criminal law within the larger framework of public international law and comparative law, this book also serves as an introduction to international legal process, reasoning and law making.” – From the publisherTags: faculty publications, faculty scholarship, New and notable