International criminal law
Written by Dana Neacsu Last Updated December 5,
Primary responsibility to investigate and punish crimes has always belonged to individual states. Thus, international criminal law is an exception from this rule. Finding books on this topic or similar topics (international jurisdiction) may be daunting so here are a few good points about how to find them:
- Use the Diamond Law Library’s catalog, PEGASUS. to find sources in the law library and use the University Libraries’ catalog, CLIO (go to PEGASUS and choose it from the drop down menu CATALOGS mentioned there), to find resources at other Columbia libraries. You may also use WorldCat (go to PEGASUS and choose it from the drop down menu under CATALOGS) to find books beyond the Columbia system.
- To find law journal articles that may contain articles on domestic views on international criminal law, use Wilson’s Index to Legal Periodicals. To find foreign interpretations of similar issues, use the Index to Foreign Legal Periodicals. You may access them from PEGASUS (the entry under the E-RESOURCES drop down menu). To find full text journals try our HeinOnline collection of electronic journals. You may access it from PEGASUS (the 1st and 2nd entries under the E-Resources drop down menu).
- To find journal articles in non-legal fields, you may use specific databases which are available from Columbia University Libraries’ Web Page .
- For an in-depth overview of how to search for international and foreign law generally, see Online Ready Reference Tools for Foreign and International Research. and Finding Books and Articles on International and Foreign Law. which are two guides available from PEGASUS (the 11th entry under the E-RESOURCES drop down menu).
- Antonio Cassese. International Criminal Law. (Oxford U.P. 2003)
Unlike Kriangsak’s monograph, Cassese’s focuses on the fundemantals of international criminal law, as well as the so called “international crimes” (e.g. aggression, torture, and terrorism).
- Kittichaisaree Kriangsak. International Criminal Law (Oxford UP, 2001).
This 400-page long monograph of international criminal law also contains concise descriptions of the international criminal courts, from the historical ones, (the Nuremberg and Tokyo tribunals) to the contemporary ones, ICC, ICTY, and ICTR, as well as the statutes of the latter ones.
- Cherif M. Bassiouni, A Treatise on International Criminal Law (1986-)
In 1998, this treatise was re-vamped and re-published in three volumes (v. 1. Crimes -- v. 2. Procedural and enforcement mechanisms -- v. 3. Enforcement) with now the defunct Transnational Publishers (call # JX6700 In882 1998)
- William Schabas, The UN international criminal tribunals: the former Yugoslavia, Rwanda and Sierra Leone. Cambridge, UK ; New York: Cambridge University Press, 2006.
This 700-page monograph provides excellent coverage of the history and jurisprudence of the three criminal tribunals organized within the United Nations system.
- War Crimes and Crimes against Humanity, Including Genocide (U. of Minnesota)
A collection of treaties and documents including: Convention on the Prevention and Punishment of the Crime of Genocide; Nuremberg Rules, Punishment of Persons Guilty of War Crimes, Crimes Against Peace and Against Humanity; etc.
- UNCJIN United Nations Criminal Justice Information Network ,
www.icc-cpi.int/ ) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, although it cannot currently exercise jurisdiction over the crime of aggression.
The Court can generally exercise jurisdiction only in cases where the accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the Court by the United Nations Security Council. Furthermore, it can only prosecute crimes committed on or after the date its founding treaty entered into force, July 1, 2002.
www.un.org/law/icc/index.html ), while China, India and the United States have refused to do so.
- Notburga K. Calvo-Goller, The Trial Proceedings of the International Criminal Court: ICTY and ICTR Precedents. (Martinus Nijhoff Publishers, 2006)
This monograph offers an in-depth view of the court’s procedure.
- Marlies Glasius, The International Criminal Court: A Global Civil Society Achievement (Routledge, 2006).
This book connects the founding of the Court to the global civil society and deplores the failing of establishing universal jurisdiction.
- Philipp Meissner, The International Criminal Court Controversy: An Analysis of the United States' Major Objections against the Rome Statute (Transaction Publishers, 2005)
This interesting summary of the United State’s official position on this issue is the author’s doctoral thesis renewed for publication.
- The International Criminal Court and the Crime of Aggression (Ashgate, 2004).
This compilation of the papers delivered at an international meeting held in Trento in May 2001 contains useful insights about the controversial creation of the Court.
- Antonio Cassese, Paola Gaeta and J.R.W.D. Jones, The Rome Statute of the International Criminal Court: A Commentary (Oxford University Press, 2002)
This two-volume commentary represents more than 2000 pages of enthusiastic expert opinions on the role of the Court within the international community.
- International Criminal Court Briefing Series. (1996, - 1998) Location 2nd Floor
The library has all eight volumes of this first series of briefings in support of the Court. The author of all eight volumes is the Lawyers Committee for Human Rights (different call numbers)
www.un.org/icty/legaldoc-e/index.htm .
Basic Documents: can be found both in print and on the web .
Library Holdings of Commercial Publications:
- Andre Klip and Goran Suiter (eds.) Annotated Leading Cases of International Criminal Tribunals. Antwerpen: Intersentia, 1999-.
The library has all 12 volumes of annotated cases of selected decisions.
- Human Rights Chamber for Bosnia and Herzegovina. Digest: Decisions on Admissibility and Merits 1996-2002. Arlington, Va. N.P. Engel Publisher, 2003.
The Digest includes all the decisions on admissibility and merits decided by the Chamber from 1996, when it was constituted, through 2002. It does not include decisions issued in 2003 - the final year of the Chamber's existence.
- Genocide, War Crimes, and Crimes against Humanity: a Topical Digest of the Case Law of the International Criminal Tribunal for Rwanda and for the former Yugoslavia. New York: Human Rights Watch, c2006.
The Digest includes judgments publicly available through December 31, 2005. It includes summaries and excerpts from ICTY judgments with details of the general requirements for each crime and underlying offenses.
- International Legal Materials. Washington, D.C. American Society of International Law, 1962-
This collection of international primary materials also includes some ICTY judgments.
Library Holdings of Official Publications:
www.un.org/icty/publications-e/index.htm Published by the Tribunal itself, it includes summaries of cases.
Basic Documents:
- J. Oppenheim, W. van der Wolf. Eds. Global War Crimes Tribunal Collection. Nijmegen, Netherlands: Global Law Association ; Holmes Beach, Fla. Gaunt [distributor], c1997-.
This commercial publication includes information about the Rwanda and Yugoslavia tribunals, including basic texts and background.
Judgments, Indictments and Proceedings:
- J. Oppenheim, W. van der Wolf. Eds. Global War Crimes Tribunal Collection. Nijmegen, Netherlands: Global Law Association ; Holmes Beach, Fla. Gaunt [distributor], c1997-.
Volume 2 includes background and full-text of selected judgments.
- International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. [1995-]. The Yearbook .
The Yearbook includes information about the work of the tribunal and a bibliography of documents relating to the Tribunal of that year. This publication is several years behind.
Both carry “International Legal Materials.” This database includes the text of some ICTY judgments.
The International Criminal Tribunal for Rwanda (ICTR) was created on November 8, 1994 by the United Nations Security Council. It has jurisdiction to prosecute crimes which occurred in Rwanda between January 1, 1994 and December 31, 1994. So far, the Tribunal has finished 21 trials and convicted 28 accused persons.
- George William Mugwanya, Crime of genocide in international law. appraising the contribution of the UN tribunal for Rwanda. London: Cameron May, 2007.
This 300-page monograph offers a crisp insight in the work of the tribunal providing a good start for anyone less familiar with this tribunal’s jurisprudence.
At the end of World War II, much of the world felt that something should be done to prevent future human rights atrocities. Out of that belief in progress and modernity came the United Nations and the International Court of Justice, also known as the World Court, which is the United Nations organ for settling disputes between nations.
Moreover, the United Nations has created an entire system for the international protection of human rights, and now, for prosecuting certain crimes against humanity. So, how do these international criminal courts fit within the international system of human rights? They are just one piece of the larger maze of agreements and practices that complements efforts of the United Nations in this area. Neither the UN High Commissioner for Human Rights, nor the ICJ or the many international human rights bodies with both legislative and judicial authority have any supervisory powers over these international criminal courts.
However, when individual states do nothing to protect their citizens, the United Nations Security Council may refer situations to the ICC.
The Arthur W. Diamond Law Library has many good sources which will provide an overview of the international criminal system. Here is one of them:
- Marie-Benedicte, Dembour and Kelly Tobias Paths to international justice: social and legal perspectives. Cambridge, U.K.; New York. Cambridge University Press, 2007.
This monograph offers case studies from such institutions as the International Criminal Court, the European Court of Human Rights, and the UN Women's Convention Committee and it explores “international justice as a process that takes place at the intersection of the often contradictory practices of applicants, lawyers, bureaucrats, victims, accused and others.”
Please send comments regarding this research-aid tool to Dana Neacsu, at dana.neacsu@law.columbia.edu.