Hardback
Legal Responses to Transnational and International Crimes
Towards an Integrative Approach
9781786433985 Edward Elgar Publishing
This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?
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Critical Acclaim
Contributors
Contents
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The boundaries between international crimes and transnational crimes are blurring. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions? Or should criminal law repression in respect of such crimes remain the prerogative of the state? Cutting-edge contributions in this book demonstrate that there is no ‘one-size-fits-all’ answer to these questions.
Addressing the distinctions and commonalities of transnational and international crimes, renowned contributors discuss the implications of this relationship in the realm of law enforcement. This book critically reflects on the connection between the ‘core crimes’ of the International Criminal Court, namely; war crimes, crimes against humanity, genocide, aggression, and several newly emerging transnational crimes. In view of this gradual merger of the categories, one of the major questions is whether the distinction in legal regime is still warranted. Significantly, the human rights consequences of transnational criminal law enforcement are brought to attention in this timely study.
Academics and students of law, officials, policy makers and practising criminal lawyers, will all greatly benefit from this crucial insight into the future of handling transnational crime.
Addressing the distinctions and commonalities of transnational and international crimes, renowned contributors discuss the implications of this relationship in the realm of law enforcement. This book critically reflects on the connection between the ‘core crimes’ of the International Criminal Court, namely; war crimes, crimes against humanity, genocide, aggression, and several newly emerging transnational crimes. In view of this gradual merger of the categories, one of the major questions is whether the distinction in legal regime is still warranted. Significantly, the human rights consequences of transnational criminal law enforcement are brought to attention in this timely study.
Academics and students of law, officials, policy makers and practising criminal lawyers, will all greatly benefit from this crucial insight into the future of handling transnational crime.
Critical Acclaim
‘Occupying an important middle ground between international crimes, such as genocide, and so-called “ordinary” crimes, like murder and rape, sit the “transnational crimes”, such as piracy, and cross-border trafficking in persons and prohibited substances. In this splendid book, eminent scholars explore the features and attributes of transnational crimes, their fluid boundaries, and their very raison d’être within the international legal system.’
– William Schabas, Middlesex University London, UK
– William Schabas, Middlesex University London, UK
Contributors
Contributors: I. Bantekas, M. Bo, N. Boister, H. Bosdriesz, I. Braber, N. Bussolati, A. Chehtman, M.L. Ferioli, S. Gless, C.C. Jalloh, G. Nessi, H. Olásolo, C. Paulussen, H. van der Wilt, D. van Leeuwen, S. Wirken
Contents
Contents:
Foreword
Part I Conceptual Framework
1. Legal responses to transnational and international crimes: towards an integrative approach?
Harmen van der Wilt
2. Responding to transnational crime: the distinguishing features of transnational criminal law
Neil Boister
3. Is international criminal law an appropriate mechanism to deal with organised crime in a global society?
Héctor Olásolo
Part II Specific Crimes
4. Piracy at the intersection between international and national: regional enforcement of a transnational crime
Marta Bo
5. Terrorism as a new generation transnational crime: prosecuting terrorism at the International Criminal Court
Inez Braber
6. Terrorism and the conceptual divide between international and transnational criminal law
Alejandro Chehtman
7. Cybercrime and its sovereign spaces: an international law perspective
Ilias Bantekas
8. Domestic and international legal approaches to the repression of politically-motivated cyber-attacks
Nicolò Bussolati
9. Transnational prosecution of grand corruption and its discontent
Giulio Nessi
10. Prosecuting money laundering at the ICC: can it stop the funding of international criminal organisations?
Dirk van Leeuwen
Part III Fair Trial Issues
11. Safeguarding defendants’ rights in transnational and international cooperation
Maria Laura Ferioli
12. Ne bis in idem in an international and transnational criminal justice perspective — paving the way for an individual right?
Sabine Gless
Part IV Regional Case Studies
13. Privatisation and increasing complexity of mass violence in Mexico and Central America: exploring appropriate international responses
Sander Wirken and Hanna Bosdriesz
14. The distinction between ‘international’ and ‘transnational’ crimes in the African Criminal Court
Charles Chernor Jalloh
Index
Foreword
Part I Conceptual Framework
1. Legal responses to transnational and international crimes: towards an integrative approach?
Harmen van der Wilt
2. Responding to transnational crime: the distinguishing features of transnational criminal law
Neil Boister
3. Is international criminal law an appropriate mechanism to deal with organised crime in a global society?
Héctor Olásolo
Part II Specific Crimes
4. Piracy at the intersection between international and national: regional enforcement of a transnational crime
Marta Bo
5. Terrorism as a new generation transnational crime: prosecuting terrorism at the International Criminal Court
Inez Braber
6. Terrorism and the conceptual divide between international and transnational criminal law
Alejandro Chehtman
7. Cybercrime and its sovereign spaces: an international law perspective
Ilias Bantekas
8. Domestic and international legal approaches to the repression of politically-motivated cyber-attacks
Nicolò Bussolati
9. Transnational prosecution of grand corruption and its discontent
Giulio Nessi
10. Prosecuting money laundering at the ICC: can it stop the funding of international criminal organisations?
Dirk van Leeuwen
Part III Fair Trial Issues
11. Safeguarding defendants’ rights in transnational and international cooperation
Maria Laura Ferioli
12. Ne bis in idem in an international and transnational criminal justice perspective — paving the way for an individual right?
Sabine Gless
Part IV Regional Case Studies
13. Privatisation and increasing complexity of mass violence in Mexico and Central America: exploring appropriate international responses
Sander Wirken and Hanna Bosdriesz
14. The distinction between ‘international’ and ‘transnational’ crimes in the African Criminal Court
Charles Chernor Jalloh
Index
