Book Reviews

Paust, Bassiouini, Williams, Scharf, Gurulé, Zagaris (eds). International Criminal Law, Cases and Materials, Carolina Academia Press, Durham, 1996, pp. xiv, 1438, index.

The aim of the editors of this impressive collection of cases and materials amounting to more than 1,400 pages is to give an overall view of both international criminal law and transnational criminal law. The book is divided into four parts, with a total of 20 chapters. The first part deals with general notions of international criminal law (Chapters 1 to 3). These chapters briefly address the sources of international criminal law, criminal responsibility - be it of the individual, the state or legal persons - as well as the grounds upon which states may exercise jurisdiction in criminal matters of an international character or those presenting a degree of extraterritoriality.

Part II deals in more detail with the various components or facets of inter-state cooperation and assistance in criminal matters: competent national bodies (Chapter 4), mechanisms for the apprehension of suspects and accused persons located abroad (Chapter 5), the transfer of proceedings and prisoners as well as recognition and enforcement of foreign judgments (Chapter 6). Apart from a short section in Chapter 6 on the transfer of cases to the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda, and to the future International Criminal Court, only Chapter 7 deals with common efforts to establish a purely international criminal justice system.

Part III presents a number of international crimes: offences against the peace (Chapter 8), war crimes (Chapter 9), crimes against humanity (Chapter 10), genocide (Chapter 11), human rights violations (Chapter 12), slave trade, slavery and other related practices (Chapter 13), terrorism (Chapter 14), piracy (Chapter 15), drug trafficking and related offences (Chapter 16), counterfeiting (Chapter 17) and transnational crimes (Chapter 18). Finally, Part IV (Chapters 19 and 20) gives a substantially more cursory treatment of frequently invoked defences: superior orders, duress, self-defence, mistake of fact, propriety under domestic law, tu quoque, non bis in idem and immunity.

Each chapter is a compilation of documents drawn from the writings of specialists and from national practice, whether executive, legislative or judicial. The emphasis in this context is on the practice of the United States and Canada. The texts of international instruments are sometimes appended. Certain chapters and sections present a brief introductory note by the editors, which refer to other sources including their own earlier writings. Some sections end with a series of questions and notes, clearly included as learning tools, and these also include some interesting documents. However, with no specific system of reference, this valuable information is somewhat difficult to locate. The same applies to a number of lengthy footnotes (see, for instance, the reference to the International Criminal Court at pages 7-9, note 3). Well detailed, the Table of Contents allows for rapid identification of themes and topics sought within the book. As to the index, which is of particular relevance in such a publication, it would have been preferable that the number of page references per entry be limited to the most pertinent passages in order to increase both utility and efficiency.

As to the subject of purely international criminal repression, the authors could have contemplated grouping together the documents concerning the transfer of proceedings to international criminal bodies (Chapter 6 section (3)(C)) with those of the chapter dealing with the international community's efforts in this regard (Chapter 7). It is furthermore regrettable that, given the timing of this collection, it did not include the important judicial decisions handed down by the ad hoc criminal tribunals for the former Yugoslavia and Rwanda, which in particular detail the constitutive elements of international crimes (Prosecutor v. Tadiæ, case no. IT-94-1-T, judgment of 7 May 1997; Prosecutor v. Furundzija, case no. IT-95-17/1, judgment of 10 December 1998; Prosecutor v.Akayesu, case no. ICTR-96-4-T, judgment of 2 September 1998), the nature of the relationship between international criminal bodies created under Chapter VII of the United Nations Charter and third parties (Prosecutor v. Blaskiæ, case no. IT-95-14-AR 108bis, judgment on the Request of the Republic of Croatia for Review of the Decision of Trial Chamber II of 18 July 1997, 29 October 1997), the admissibility of defences based on duress or superior orders (Prosecutor v. Erdemoviæ, case no. IT-96-22-A, Judgement, 7 October 1997 (English version)) and the scope of command responsibility (Prosecutor v. Mucic, case no. IT-96-21-T, judgment of 17 November 1998).

Those interested in international criminal law cannot but applaud the course taken by the editors and hope that this compilation of cases and materials contributes to the rapprochement of international law and criminal law and, in the process, that it contributes towards the development of international criminal law.

Anne-Marie La Rosa
International Labour Office

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