Michael Bohlander - Globalization of Criminal Justice

Edited by

Michael Bohlander

Durham University, UK

First published 2010 by Ashgate Publishing

Published 2016 by Routledge
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Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright Michael Bohlander 2010. For copyright of individual articles please refer to the Acknowledgements.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

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Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Wherever possible, these reprints are made from a copy of the original printing, but these can themselves be of very variable quality. Whilst the publisher has made every effort to ensure the quality of the reprint, some variability may inevitably remain.

British Library Cataloguing in Publication Data

Globalization of criminal justice. (The international library of essays on globalization and law)
1. Criminal liability (International law) 2. Criminal law-International unification. 3. Criminal jurisdiction. 4. Criminal justice, Administration of. I. Series II. Bohlander, Michael, 1962345dc22

Library of Congress Control Number: 2009938290

ISBN 9780754628651 (hbk)

The editor and publishers wish to thank the following for permission to use copyright material.

American Society of International Law for the essay: Wolfgang Schomburg and Ines Peterson (2007), Genuine Consent to Sexual Violence under International Criminal Law, American Journal of International Law, , pp. 12140. Copyright 2007 American Society of International Law.

Brill Academic Publishers for the essays: Hassan Rezaei (2002), The Iranian Criminal Justice under the Islamization Project, European Journal of Crime, Criminal Law and Criminal Justice, , pp. 5469. Copyright 2002 Brill Academic Publishers; M. Cherif Bassiouni (2003), The Philosophy and Policy of International Criminal Justice, in L.C. Vohrah et al. (eds) Mans Inhumanity to Man, The Hague: Kluwer Law International, pp. 65126. Copyright 2003 Brill Academic Publishers; Adel Maged (2008), Arab and Islamic Sharia Perspectives on the Current System of International Criminal Justice, International Criminal Law Review, , pp. 477507. Copyright 2008 Brill Academic Publishers; Mohamed Elewa Badar (2006), Drawing the Boundaries of Mens Rea in the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia, International Criminal Law Review, , pp. 31348. Copyright 2006 Brill Academic Publishers; Stefan Kirsch (2006), The Trial Proceedings before the ICC, International Criminal Law Review, , pp. 27592. Copyright 2006 Brill Academic Publishers.

Cornell International Law Journal for the essay: Jeremy Rabkin (2005), Global Criminal Justice: An Idea Whose Time Has Passed, Cornell International Law Journal, , pp. 75377. Copyright 2005 Cornell International Law Journal.

Indiana Law Journal for the essay: Diane Marie Amann (2000), Harmonic Convergence? Constitutional Criminal Procedure in an International Context, Indiana Law Journal, , pp. 81073. Copyright 2000 Indiana Law Journal.

Oxford University Press for the essay: Michael Bohlander and Mark Findlay (2002), The Use of Domestic Sources as a Basis for International Criminal Law Principles, THE GLOBAL COMMUNITY Yearbook of International Law and Jurisprudence, 2, pp. 326. Copyright 2002 Oxford University Press.

Springer for the essays: Vivienne OConnor (2005), Traversing the Rocky Road of Law Reform in Conflict and Post Conflict States: Model Codes for Post Conflict Criminal Justice as a Tool of Assistance, Criminal Law Forum, , pp. 23155. Copyright 2005 Springer; Michael Bohlander (2000), Prosecutor v. Dusko Tadi: Waiting to Exhale, Criminal Law Forum, , pp. 21748. Copyright 2000 Springer; Michael Bohlander (2001), International Criminal Tribunals and their Power to Punish Contempt and False Testimony, Criminal Law Forum, , pp. 91118. Copyright 2001 Springer.

Stanford Journal of International Law for the essay: Robert D. Sloane (2007), The Expressive Capacity of International Punishment: The Limits of the National Law Analogy and the Potential of International Criminal Law, Stanford Journal of International Law, , pp. 3994. Copyright 2007 Stanford Journal of International Law.

Wildy, Simmonds & Hill Publishing for the essay: Paul H. Robinson, Adnan Zulfiqar, Margaret Kammerud, Michael Orchowski, Elizabeth A. Gerlach, Adam L. Pollock, Thomas M. OBrien, John C. Lin, Tom Stenson, Negar Katirai, J. John Lee and Marc Aaron Melzer (2008), Codifying Sharia: International Norms, Legality and the Freedom to Invent New Forms, Journal of Comparative Law, , pp. 153. Copyright 2008 Wildy, Simmonds & Hill Publishing.

Every effort has been made to trace all the copyright holders, but if any have been inadvertently overlooked the publishers will be pleased to make the necessary arrangement at the first opportunity.

Globalization is as much a process as a phenomenon of our age with forceful transformative qualities that affect conventional knowledge of politics, economic and the law. In most cases, but not always, globalization has led to an increasing convergence of values that affect different sectors of society unequally. Of the diverse dimensions of globalization, its tangible impact on economic processes is illustrative of the transformative potential and impact. Economic globalization has so fundamentally affected the roles and relationships of national and international actors that conventional rules of law have come under intense scrutiny. With economic globalization comes the confirmation of neo-classical economic doctrine as a dominant theme in policy-making and with it the diminution of the State and other symbols of sovereignty, coupled with a noticeable empowerment of actors such as transnational corporations, civil society groups and intergovernmental economic organizations. In this rapidly changing environment the law continues to play its usual defining and facilitative role but with a responsive twist to the demands of the phenomenon and processes of globalization. As a thematic collection of essays put together by experts in different fields transformed by globalization, the International Library of Essays on Globalization and Law seeks to capture the changing role of the law in modern society. In addition to containing key articles, each volume has an authoritative introduction which explains the context and significance of the essays which have been selected. Considerable care and attention have gone into selecting essays for each volume and I am grateful to each editor for this.