Mohamed Shahabuddeen's Books

International Criminal Justice at the Yugoslav Tribunal

A Judge's Recollection

By: Mohamed Shahabuddeen

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International Criminal Justice at the Yugoslav Tribunal

A Judge's Recollection

By: Mohamed Shahabuddeen

International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book, by one of the former judges of the ICTY, ICTR, and the International Court of Justice, assesses some of the workings of the ICTY that have shaped these developments. In it, Judge Shahabuddeen provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. He reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced. Judge Shahabuddeen's experience in international criminal justice makes this volume essential reading for those interested in, or working with, international criminal law.

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Page Count

260

Publisher

OUP Oxford

Published Date

ISBN 10

0191649848

ISBN 13

9780191649844

The Concept of Mens Rea in International Criminal Law

The Case for a Unified Approach

By: Mohamed Elewa Badar

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The Concept of Mens Rea in International Criminal Law

The Case for a Unified Approach

By: Mohamed Elewa Badar

The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.

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Page Count

413

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1782250662

ISBN 13

9781782250661

The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations

By: Mohamed Sameh M. Amr

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The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations

By: Mohamed Sameh M. Amr

The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations is a thought-provoking and valuable addition to the existing literature on the ICJ. The book’s originality lies in that it provides both the student and practitioner of international law and relations with a comprehensive evaluation of important but hitherto neglected aspects of the work of the World Court.

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Page Count

471

Publisher

BRILL

Published Date

ISBN 10

9004479104

ISBN 13

9789004479104

International Criminal Justice at the Yugoslav Tribunal

A Judge's Recollection

By: Mohamed Shahabuddeen

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International Criminal Justice at the Yugoslav Tribunal

A Judge's Recollection

By: Mohamed Shahabuddeen

Bringing together Judge Shahabuddeen's thoughts on the Tribunal on which he served for many years, this book provides an insider's account of the development of international criminal law at the International Criminal Tribunal for the former Yugoslavia. Judge Shahabuddeen, a respected figure in international law, also assesses its legacy.

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Page Count

260

Publisher

Oxford University Press

Published Date

ISBN 10

019967082X

ISBN 13

9780199670826

Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor

By: Mohamed Othman

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Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor

By: Mohamed Othman

The book is a critical review of accountability conducted under the authority of the United Nations Security Council, by the International Criminal Tribunal for Rwanda (ICTR), and the United Nations Transitional Administration in East Timor (UNTAET). It is centred on two case studies: the 1999 events in Rwanda, and the 1999 mayhem in East Timor. The books subjects to testing cross-examination tools to hold accountable persons with „the greatest responsibility" for serious international humanitarian law violations.

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Page Count

388

Publisher

Springer Science & Business Media

Published Date

ISBN 10

3540288856

ISBN 13

9783540288855

Book's by Mohamed Shahabuddeen

International Criminal Justice at the Yugoslav Tribunal

International Criminal Justice at the Yugoslav Tribunal

The Concept of Mens Rea in International Criminal Law

The Concept of Mens Rea in International Criminal Law

The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations

The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations

International Criminal Justice at the Yugoslav Tribunal

International Criminal Justice at the Yugoslav Tribunal

Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor

Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor

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