The Contributions of Specialized Institutes and Non-Governmental Organizations to the United Nations Criminal Justice Program


Book Description

The increase of crime at the national, transnational, and international levels has heightened concern in the international community and generated greater interest in international criminal justice policy. Since the 1950s, the United Nations has been developing the Crime Prevention and Criminal Justice Programme, which was designed to respond to these concerns. But United Nations resources and support for the programme have been limited, notwithstanding the services and contributions of the Crime Prevention and Criminal Justice Branch. As the United Nations celebrates its Fiftieth Anniversary, it is fitting to have a book that describes the United Nations Crime Prevention and Criminal Justice Programme. The information it contains highlights the significant contributions of a number of organizations, whose work may not be sufficiently known outside the circles of scholars, experts, and professionals in the field of international criminal justice. The book is thus also a deserving tribute to these organizations, giving greater publicity to what they have contributed over the years with scant United Nations recognition. Without these organizations and the active NGOs, the United Nations would hardly have leave to claim part of what is now an important, though still insufficient, contribution to international criminal justice.




The United Nations Programme on Crime Prevention and Criminal Justice


Book Description

This book documents the evolution of the United Nations (UN) Crime Programme and its changing priorities, from the early focus on juvenile delinquency and correctional treatment, to the present preoccupation with transnational organized crime. It analyses what factors have contributed to this evolution, and to the shift from the original work on “soft law” resolutions and international standards, to “hard law” conventions, and to the expansion of technical assistance. It also examines the changing structure and working methods of the Programme, such as the UN Crime Commission and the UN Secretariat unit responsible for the Programme, the UN Crime Congresses, and the Programme Network Institutes. Drawing on almost 50 years of experience on the “inside” of the UN Crime Programme and his hands-on knowledge of the working of governmental and intergovernmental processes, Matti Joutsen explores the transitions that have taken place in the UN Crime Programme over the seven decades of its existence, assesses the changing impact of the Programme, and suggests possible future directions in international cooperation in crime prevention and criminal justice. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics, criminal justice, policy makers, and those interested in the evolution of the UN Crime Programme.




Histories of Transnational Criminal Law


Book Description

"Histories of Transnational Criminal Law provides for the first time a set of legal histories of state efforts to combat and cooperate against transnational crime"--Publisher.




Public Sector Criminological Research


Book Description

This book explores the role and development of criminological research in the public sector during the last half-century. It identifies the benefits such research has provided and assesses whether the community has received value for the funds expended. The Australian Institute of Criminology is used as a case study to illustrate the challenges and pressures facing those who have sought to carry out independent crime and justice research in the public sector, to assess what fifty years of work has achieved and to determine whether or not there remains a need for criminologists to be employed by governments. The book is based on extensive archival research, administrative data analysis, interviews with current and previous staff and the perspectives of scholars in comparable institutions globally. It presents new historical information as well as current and future critical perspectives on crime and justice research in a unique Australian government organization.




Shaping the Transnational Sphere


Book Description

In the second half of the nineteenth century a new kind of social and cultural actor came to the fore: the expert. During this period complex processes of modernization, industrialization, urbanization, and nation-building gained pace, particularly in Western Europe and North America. These processes created new forms of specialized expertise that grew in demand and became indispensible in fields like sanitation, incarceration, urban planning, and education. Often the expertise needed stemmed from problems at a local or regional level, but many transcended nation-state borders. Experts helped shape a new transnational sphere by creating communities that crossed borders and languages, sharing knowledge and resources through those new communities, and by participating in special events such as congresses and world fairs.




The Legislative History of the International Criminal Court (2 vols.)


Book Description

This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This new edition contains the amendments adopted at the Kampala Conference, amendments to the Rules of Procedure and Evidence and the Regulations of the Court, and references to relevant case law cover ing the first decade of the Court’s judicial activity. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC. Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this publication unmatched for completeness and ease of use.




Criminal Punishment and Human Rights: Convenient Morality


Book Description

This book examines the relationship between international human rights discourse and the justifi cations for criminal punishment. Using interdisciplinary discourse analysis, it exposes certain paradoxes that underpin the ‘International Bill of Human Rights’, academic commentaries on human rights law, and the global human rights monitoring regime in relation to the aims of punishment in domestic penal systems. It argues that human rights discourse, owing to its theoretical kinship with Kantian philosophy, embodies a paradoxical commitment to human dignity on the one hand, and retributive punishment on the other. Further, it sustains the split between criminal justice and social justice, which results in a sociologically ill-informed understanding of punishment. Human rights discourse plays a paradoxical role vis-à-vis the punitive power of the state as it seeks to counter criminalisation in some areas and backs the introduction of new criminal offences – and longer prison sentences – in others. The underlying priorities, it is argued, have been shaped by a number of historical circumstances. Drawing on archival material, the study demonstrates that the international penal discourse produced during the late nineteenth and early twentieth century laid greater emphasis on offender rehabilitation and was more attentive to the social context of crime than is the case with the modern human rights discourse.




For the Sake of Present and Future Generations


Book Description

Professor Roger Stenson Clark has played a pivotal role in developing International Criminal Law, and the movement against nuclear weapons. He was one of the intellectual and moral fathers of the International Criminal Court. This Festschrift brings together forty-one appreciative friends to honour his remarkable contribution. The distinguished contributors provide incisive contributions ranging from the reform of the Security Council, to rule of law and international justice in Africa, to New Zealand cultural heritage, to customary international law in US courts, and more. Threaded through these richly diverse contributions is one common feature: a belief in values and morality in human conduct, and a passion for transformative use of law, ‘for the sake of present and future generations.’




The Global Prosecution of Core Crimes under International Law


Book Description

This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.




International Criminal Law, Volume 1: Sources, Subjects and Contents


Book Description

Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).