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Double Book Launch: State Sovereignty and International Criminal Law; Old Evidence and Core International Crimes

The Hague, 19 November 2012

Statement by Judge LIU Daqun | Statement by Professor LING Yan

The Torkel Opsahl Academic EPublisher launched two new books at side-events to the Eleventh Session of the ICC Assembly of States Parties in The Hague on 19 November 2012. Among the speakers were Judges Hans-Peter Kaul, LIU Daqun and Erkki Kourula, Ambassador Stephen J. Rapp, Professors LING Yan, Claus Kreß and CHEAH Wui Ling, Ms. Siri S. Frigaard, Mr. Gilbert Bitti and Dr. Volker Nerlich. The events were very well attended, with more than 150 complimentary copies of the new books requested by participants within minutes.

The launch of the book ‘State Sovereignty and International Criminal Law’ was co-hosted by Finland, Germany and the FICHL. The book challenges one-sided views that State sovereignty necessarily stands in the way of criminal justice for core international crimes, recognizing that criminal justice for atrocities depends entirely on the ability of States to act. The book focuses on the immunity of State officials from the exercise of foreign or international criminal jurisdiction; the scope of universal jurisdiction for core international crimes; and asks whether the amendments to the ICC Statute on the crime of aggression can exacerbate tensions between the interests of State sovereignty and accountability. The anthology contains contributions by prominent international lawyers such as Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kreß, Professor MA Chengyuan, Professor JIA Bingbing and Professor ZHU Lijiang. In his foreword, Professor Christian Tomuschat writes that the anthology facilitates “dialogue and co-operation between international lawyers in China and Europe as well as more widely”, one of the objectives of the editors Professors LING Yan (China University of Political Science and Law) and Morten Bergsmo (Peking University Law School). Their Chapter suggests that the time has come to “consolidate the significant gains in the development of international criminal law since 1993” rather “than further development at the risk of over-extension”. You will find Judge LIU's statement here

The launch of ‘Old Evidence and Core International Crimes’ was co-hosted by Finland, Norway and the FICHL. This book addresses challenges with the location, treatment, and assessment of old evidence for core international crimes. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work, including Minister Shafique Ahmed, Co-Prosecutor Andrew Cayley, Professor David Cohen, Dr. Seena Fazel, Prosecutor Siri S. Frigaard, Barrister M. Amir-Ul Islam, Judge Md. Shahinur Islam, Judge Agnieszka Klonowiecka-Milart, Judge Alphons M.M. Orie, Ambassador Stephen J. Rapp, Dr. Patrick J. Treanor, Professor Otto Triffterer and Judge Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence. 

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