International and Transnational Criminal Law (Aspen Casebook)

This comprehensive and versatile book covers both international criminal law and the application of US criminal law transnationally. It has chapters on each of the core crimes (aggression, genocide, crimes against humanity, war crimes), as well as separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. Thus the book can be used for courses focusing entirely on international criminal law and accountability for core crimes. But it also covers US criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and US constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students with no prior background.

New to the 3rd Edition:

• Recent developments in the international tribunals, including the Habré trial in the African Extraordinary Chamber
• Updates on post-Morrison jurisdictional developments and the treatment of jurisdiction in the Restatement (Fourth) of the Foreign
• Relations Law of the United States
• Activation of the crime of aggression by the ICC; cyber-attacks as aggression
• Recent war crimes jurisprudence and the treatment of war crimes in the US Department of Defense Law of War Manual
• A thorough revision of the ICC chapter including the Lubanga sentencing decisions and the Comoros decision on gravity
• Recent ICC jurisprudence on modes of liability
• Latest FCPA prosecution standards
• New cases on immunities and extradition

Professors and students will benefit from:

• Versatility: Can be used for courses on international criminal law, and also for courses on US criminal law applied across borders
• Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law
• Detailed treatment of “headline” issues including torture, terrorism, and war crimes
• Readable background on historical context
• Teaching materials include:
• Comprehensive teacher’s manual, including the authors’ own teaching notes
• Discussion problems