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International and Transnational Criminal Law, Fourth Edition, by David J. Luban, Julie R. O’Sullivan, David P. Stewart, and Neha Jain covers both international criminal law and the application of U.S. criminal law transnationally. This comprehensive and versatile book has chapters on each of the core crimes (aggression, genocide, crimes against humanity, and war crimes) as well as terrorism and torture. It has 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. It also covers U.S. criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, trafficking, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and U.S. 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 (as well as government lawyers and private practitioners) with no prior background in this increasingly important field.
New to the Fourth Edition:
- Recent developments in the international tribunals, including the Special Court for the Central African Republic and Colombia’s Special Jurisdiction for Peace.
- Updates on post-Morrison jurisdictional developments, including new cases and exposition. Expanded treatment of aggression, including coverage of the Russia-Ukraine conflict.
- Comprehensive revision of the chapter on obtaining evidence abroad, with greater emphasis on difficulties facing defense counsel.
- Updates on ICC jurisprudence, including developments on command responsibility and criminal defenses.
- Updated genocide chapter, including a new section on cultural genocide and discussion of the Ukraine v. Russia ICJ litigation.
Professors and students will benefit from:
- Versatility: The book can be used for courses on international criminal law and also for courses on U.S. criminal law applied across borders.
- Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law.
- A detailed treatment of “headline” issues including torture, terrorism, war crimes, and the Russia-Ukraine conflict. Readable background on historical context.
