Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4:Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

A definitive resource for understanding such far-reaching and often interconnected crimes as cyber theft, drug trafficking, human smuggling, identity theft, wildlife poaching, and sex tourism. While many international corporations have benefited from the global economy and distribution of information, globalization has also had serious negative consequences. This important reference work offers students and general readers a critical understanding of how technology, governments, political unrest, war, and economic strife contribute to an increase in global crime. This A–Z encyclopedia covers key people, events, and organizations and includes key documents that will help readers to understand the numerous problems created by the many transnational crimes that are growing in severity and frequency around the world. Entries address perpetrators and their methods; victims; who really profits; and law enforcement responses. In addition to cyber theft and sales of weapons and narcotics, the set provides a detailed look at global crimes not typically covered, such as corruption, fraudulent medicine, illegal sports betting, organ trafficking, maritime piracy, trafficking in cultural property, and wildlife and forest crime. Although some historical events and people are included, the focus is on recent and contemporary topics.

This two-volume project provides a multi-sectoral perspective over the EU's external projections from traditional as well as critical theoretical and institutional perspectives, and is supported by numerous case studies covering the whole extent of the EU’s external relations. The aim is to strive to present new approaches as well as detailed background studies in analyzing the EU as a global actor. Volume 1: The first volume “Theoretical and Institutional Approaches to the EU’s External Relations” addresses the EU's overall external post-Lisbon Treaty presence both globally and regionally (e.g. in its "neighborhood"), with a special emphasis on the EU’s institutional framework. It also offers fresh and innovative theoretical approaches to understanding the EU’s international position. - With a preface by Alvaro de Vasoncelos (former Director European Union Institute for Security Studies) Volume 2: The second volume “Policies, Actions and Influence of the EU’s External Relations”, examines in both quantitative and qualitative contributions the EU's international efficacy from a political, economic and social perspective based on a plethora of its engagements.

This two-volume work offers a comprehensive examination of the distressing topics of transnational crime and the implications for global security. National security is a key concern for individual nations, regions, and the global community, yet globalism has led to the perfusion of transnational crime such that it now poses a serious threat to the national security of governments around the world. Whether attention is concentrated on a particular type of transnational crime or on broader concerns of transnational crime generally, the security issues related to preventing and combatting transnational crime remain of top-priority concern for many governments. Transnational Crime and Global Security has been carefully curated to provide students, scholars, professionals, and consultants of criminal justice and security studies with comprehensive information about and in-depth analysis of contemporary issues in transnational crime and global security. The first volume covers such core topics as cybercrime, human trafficking, and money laundering and also contains infrequently covered but nevertheless important topics including environmental crime, the weaponization of infectious diseases, and outlaw motorcycle gangs. The second volume is unique in its coverage of security issues related to such topics as the return of foreign terrorist fighters, using big data to reinforce security, and how to focus efforts that encourage security cooperation.

Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race – and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims’ ostensible racial otherness. The perpetrator’s imagination as manifested through his behaviour defines the victims’ racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law.

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.

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).

The Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.

This book explores how the ‘new’ Asian criminal entrepreneurs in Canada, known as The Big Circle Boys (BCB), competitively dominated the Canadian heroin market in the 1990s without a formal organisation or explicit hierarchical structure. Drawing on the market resilience framework, it examines how the BCB smuggled drugs by using social capital, shared resources, and trust effectively through their ethnicity. How did they counter external security challenges and promote internal competitive cooperation? Were they able to resolve disputes peacefully by managing internal relations? These questions are answered through an analysis of their networking processes and illustrated in the structural properties and dynamics of their mono-ethnic criminal network. For the first time, the BCB players that contributed to the 2001 Canadian and Australian heroin droughts are revealed through intercepted telephone calls and court testimonies. It shows how the BCB collectively switched from heroin to ecstasy since the year 2000. The operation logistics of drug importation and local trafficking are scrutinised. This book speaks to those interested in how a collective of ethnic-Chinese career criminals succeeded and failed in the international drugs trade, particularly for scholars and students of social sciences disciplines.

This book explores the historical origins, activities, and structure of the archetypal ‘new’ Asian criminal entrepreneurs in Canada, known as The Big Circle Boys (BCB). It traces their illegal immigration abroad from Guangzhou, the extent to which they are organised and violent, and what the future holds for them in Canada. The BCB’s organisational features are examined against theories and legislation of organised crime to understand how they compare to other criminal entities. For the first time, a unique glimpse is provided into the workings of an elusive cellular network comprised of BCB dai lo (bosses). Through interviews and official documents, their criminal undertakings and structural dimensions are pieced together to show how their interdependent and collaborative cells enabled them to form a dynamic criminal community. This book speaks to those interested in how a collective of ethnic-Chinese career criminals have replaced traditional criminal organisations in transnational criminal markets, particularly for scholars and students of social sciences disciplines.