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Legal Responses to Transnational and International Crimes

Towards an Integrative Approach Edited by Harmen van der Wilt, University of Amsterdam and Christophe Paulussen, T.M.C. Asser Instituut, the Netherlands
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?
Extent: 336 pp
Hardback Price: $155.00 Web: $139.50
Publication Date: 2017
ISBN: 978 1 78643 398 5
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  • Law - Academic
  • Comparative Law
  • Criminal Law and Justice
  • Public International Law
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.
‘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
Contributors: I. Bantekas, M. Bo, N. Boister, H. Bosdriesz, I. Braber, N. Bussolati, A. Chehtman, M.L. Ferioli, S. Gless, C. Jalloh, G. Nessi, H. Olasolo, C. Paulussen, H. van der Wilt, D. van Leeuwen, S. Wirken


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
I.L. 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?
D.J. van Leeuwen

Part III Fair Trial Issues
11. Safeguarding defendants’ rights in transnational and international cooperation
M.L. 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 Alternative Solutions
13. Privatisation and increasing complexity of mass violence in Mexico and Central America: exploring appropriate international responses
S.J. Wirken and H. Bosdriesz

14. The distinction between ‘international’ and ‘transnational’ crimes in the African Criminal Court
Charles Chernor Jalloh

Index