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Human Rights and International Criminal Law
Series: - International Studies in Human Rights, Volume: 138
This book examines the importance of international criminal law in promoting and defending human rights as well as its relationship with law and international politics. It highlights criminal cases at the International Criminal Tribunals for the former Yugoslavia and the International Criminal Tribunals for Rwanda, the International Criminal Court, and the International Crimes Tribunal of Bangladesh. The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law.
This book will serve as an important reference for students, teachers, scholars and lawyers specialising in international human rights, international criminal law and international humanitarian law.
This book will serve as an important reference for students, teachers, scholars and lawyers specialising in international human rights, international criminal law and international humanitarian law.
Borhan Uddin Khan, Ph.D., School of Oriental and African Studies (SOAS), University of London, is currently a Professor in the Department of Law, University of Dhaka and also an advisor and adjunct Professor in the Department of Law, Independent University, Bangladesh (IUB). His recently coedited book publication is: Revisiting the Geneva Conventions: 1949-2019 (Brill/Nijhoff, 2020).
Md Jahid Hossain Bhuiyan, Ph.D., The University of Queensland, Australia, is currently a Humboldt research fellow at the Max Planck Institute for Comparative Public Law and International Law, Germany. He is the co-editor of Revisiting the Geneva Conventions: 1949-2019 (Brill/Nijhoff, 2020).
Md Jahid Hossain Bhuiyan, Ph.D., The University of Queensland, Australia, is currently a Humboldt research fellow at the Max Planck Institute for Comparative Public Law and International Law, Germany. He is the co-editor of Revisiting the Geneva Conventions: 1949-2019 (Brill/Nijhoff, 2020).
Foreword
Acronyms and Abbreviations
Notes on Editors
Notes on Contributors
Complexities and Challenges in Reconciling International Human Rights with International Criminal Law: An Introduction
Borhan Uddin Khan and Md Jahid Hossain Bhuiyan
part 1
Human Rights Approaches to Crimes
1 International Crimes and Human Rights
Win-chiat Lee
2 Is International Criminal Justice in the Pursuit of Human Rights?
Srinivas Burra
3 Militarised Approach to Human Rights An Epistemological Challenge
Upendra D. Acharya
part 2
The Crimes
4 The Contested Definitions of ‘International Crimes’
Muhammad Mahbubur Rahman and Borhan Uddin Khan
5 Human Trafficking International Criminal Law and Human Rights for Some but Not All
Calli M. Cain and Dawn L. Rothe
6 Acts of International Terrorism Need of Incorporation into Rome Statute
Anupam Jha
7 The Crime of Child Recruitment and State Responsibility Towards the Integral Protection of the Child
Silvina Sánchez Mera
8 Comprehensive Prohibition of Torture Challenges and Loosening of a Taboo
Bahzad Joarder
9 The Right to Truth in International Criminal Trials
Md Jahid Hossain Bhuiyan
10 Governing Conflicts between International Humanitarian Law and International Criminal Law The Crime of Starvation in Non-international Armed Conflicts
Matthias Vanhullebusch
part 3
Practice, Application, Implementation and Enforcement of International Criminal Law
11 Failed Notions and Lost Opportunities Revisiting India’s Standpoint on the International Criminal Court
Sanoj Rajan
12 The Principle of Legality and Genocide in the International Crimes (Tribunals) Act 1973
M Sanjeeb Hossain
13 Gross Violation of Human Rights and Crime against Humanity (In)adequacy of International Enforcement Mechanisms
Md Nazrul Islam
14 Prosecution of Crimes against Humanity by the Bangladesh International Crimes Tribunal Lessons from National Experience for International Law Reform
M Rafiqul Islam
15 Ethnic Cleansing, Human Rights and the Politics of Nationalism in Post-colonial Myanmar Is International Criminal Law Strong Enough to Save the Rohingya?
Jobair Alam and Borhan Uddin Khan
16 Revisiting the Application of Rome Statute upon Non-party States Security Council Referral Discourse and the Way Forward
Md Mostafa Hosain and Borhan Uddin Khan
17 Impediments to the Smooth Functioning of the icc Who Is Responsible?
Nakib M. Nasrullah and Borhan Uddin Khan
Index
Acronyms and Abbreviations
Notes on Editors
Notes on Contributors
Complexities and Challenges in Reconciling International Human Rights with International Criminal Law: An Introduction
Borhan Uddin Khan and Md Jahid Hossain Bhuiyan
part 1
Human Rights Approaches to Crimes
1 International Crimes and Human Rights
Win-chiat Lee
2 Is International Criminal Justice in the Pursuit of Human Rights?
Srinivas Burra
3 Militarised Approach to Human Rights An Epistemological Challenge
Upendra D. Acharya
part 2
The Crimes
4 The Contested Definitions of ‘International Crimes’
Muhammad Mahbubur Rahman and Borhan Uddin Khan
5 Human Trafficking International Criminal Law and Human Rights for Some but Not All
Calli M. Cain and Dawn L. Rothe
6 Acts of International Terrorism Need of Incorporation into Rome Statute
Anupam Jha
7 The Crime of Child Recruitment and State Responsibility Towards the Integral Protection of the Child
Silvina Sánchez Mera
8 Comprehensive Prohibition of Torture Challenges and Loosening of a Taboo
Bahzad Joarder
9 The Right to Truth in International Criminal Trials
Md Jahid Hossain Bhuiyan
10 Governing Conflicts between International Humanitarian Law and International Criminal Law The Crime of Starvation in Non-international Armed Conflicts
Matthias Vanhullebusch
part 3
Practice, Application, Implementation and Enforcement of International Criminal Law
11 Failed Notions and Lost Opportunities Revisiting India’s Standpoint on the International Criminal Court
Sanoj Rajan
12 The Principle of Legality and Genocide in the International Crimes (Tribunals) Act 1973
M Sanjeeb Hossain
13 Gross Violation of Human Rights and Crime against Humanity (In)adequacy of International Enforcement Mechanisms
Md Nazrul Islam
14 Prosecution of Crimes against Humanity by the Bangladesh International Crimes Tribunal Lessons from National Experience for International Law Reform
M Rafiqul Islam
15 Ethnic Cleansing, Human Rights and the Politics of Nationalism in Post-colonial Myanmar Is International Criminal Law Strong Enough to Save the Rohingya?
Jobair Alam and Borhan Uddin Khan
16 Revisiting the Application of Rome Statute upon Non-party States Security Council Referral Discourse and the Way Forward
Md Mostafa Hosain and Borhan Uddin Khan
17 Impediments to the Smooth Functioning of the icc Who Is Responsible?
Nakib M. Nasrullah and Borhan Uddin Khan
Index
This book will serve as an important reference for students, teachers, scholars and lawyers specialising in international human rights, international criminal law and international humanitarian law.