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The International Criminal Court has institutionalized the concept of individual responsibility for human rights violations. The jurisprudence of international criminal law has developed along with the institution. Affirmative defenses in the mitigation of punishment or avoidance of responsibility are becoming increasingly important in international criminal procedure. We contend that diminished culpability based on advances in neuroscience provides the most challenging set of choices for the international legal community. Of the variety of affirmative defenses, emerging neuroscience-based defense provide the most challenging set of choices for the international legal community. The Esad Landzo case at the ICTY brings these challenges into focus. We discuss the difficult choices the International Criminal Court will have to make to balance the rights and needs of the victims and the due process rights of the accused.

This chapter examines the delicate balance achieved by apex courts in new democracies when dealing with impunity for rights violations during times of transitional justice. While international law has clearly rejected amnesties for past rights violations, domestic politics sometimes incorporate amnesties as part of larger peace settlements. This puts courts in the difficult situation of balancing the competing demands of law and politics. Courts have achieved equipoise in this situation by adopting substantive interpretations and procedural approaches that use international law’s rights-based language but without implementing international law’s restrictions on amnesties. In many cases, courts do this without acknowledging the necessarily pragmatic nature of their decisions. In fact, oftentimes courts find ways of avoiding having to make any substantive decision, effectively removing themselves from a dispute that could call into question their adherence to international legal norms that transcend politics. In doing so, they empower political actors to continue down the road toward negotiated peace settlements, while at the same time protecting the courts’ legitimacy as institutions uniquely situated to protect international human rights norms – including those they have effectively deemphasized in the process.

Hybrid forms of international criminal justice have been lauded for combining the political and procedural legitimacy of international tribunals with increased attention to the local contexts where mass crimes occurred. This work critically examines the hybrid legal structure of the Special Court for Sierra Leone, a novel post-conflict institution empowered to draw from both international and Sierra Leonean law. Although formally hybrid, the Court neglects domestic law in practice, suggesting that “hybridity” refers more to a rhetorical strategy aimed at legitimating its work than to its ontological status. By symbolically including and substantively excluding domestic law, the court's legal structure inadvertently resembles a colonial form of legal pluralism rather than a hybrid jurisdiction.

The paper aims to argue the case for the introduction of a global anti‐money laundering (AML) court. The proposed court as an institution can engender a rule‐based ethos as well as an environment for the transposition of AML regimes and requisite global changes into the society.

The paper was written by exploiting the significance of the court system to the development of any society. In particular, the paper draws on a pivotal role played by the European Court of Justice in enhancing economic integration of European member countries. Another example utilised by this paper was the dispute settlement mechanism (DSM) in the WTO. The DSM evolved an effective framework for settling international trade disputes and fundamentally helped to streamline the system. This paper is of the contention that the court would ease the adoption of global AML regimes and consequently ease the co‐existence of countries in relation to global AML initiatives.

The paper has delineated that any global initiatives either on money laundering (ML) or otherwise will have to reside in a form of institutional framework for them to work effectively. Short of that, it is possible that there will be enormous challenges for global AML regimes to function properly as envisaged.

The author is cognizant of the fact that states are still mandated to veto his prepositions based on the principle of sovereignty of nations. States can also refuse to lend their support – in its various dimensions to the proposed court.

It has to be noted that creating global AML regimes that are not going to work is not good enough and in case it amounts to a wastage of scarce resources that would better be utilised somewhere else.

ML in its various manifestations has far reaching consequences for lives of people wherever it is committed and should be accorded the seriousness it deserves.

The paper has been written based on the appreciation of the need to create enforcement mechanisms of engendered global AML/combating financing of terrorism (CFT) regimes. There are so many regimes masquerading as global, having been constituted with the mandate that give them a global reach and yet, they do not live up to their expectation.

Utopia, a term first coined by Sir Thomas More in the sixteenth century, referred to a place of unattainable social perfection. But the appeal of a concept that embraces rather than mocks the imagination has broadened its meanings and uses. In the early twentieth century, Anatole France wrote, “Out of generous dreams come beneficial realities. Utopia is the principle of all progress, and the essay into a better future.” In contemporary vernacular, utopia has come to refer not only to imagining perfection but cures for imperfection. By this definition, any struggle for rights could be conceived as utopian to the extent that it represents a desire to make the world a better place for the would-be beneficiaries. The utopianism of rights envisions conditions in which human dignity can be ensured and vulnerability minimized.

I intend to provide an understanding of the possibilities that exist for the judgment of wartime rape at the international, domestic and in-between levels.

What is required is an examination of prosecutions and judgments of the ICTY (International Criminal Tribunal for the former Yugoslavia), the ICTR (International Criminal Tribunal for Rwanda), the SCSL (Special Court for Sierra Leone) and the ICC (International Criminal Court). I employ an international law and gender studies approach.

To count as a crime against humanity, war rape must have been committed as part of a widespread attack on a civilian population. This reflects the idea that war rape is not based solely in the violation of a woman’s body. The problem is that war rapes occur absent the explicit purpose to destroy a community. This chapter provides insight to the historical background of wartime rape to scholars, feminist legal theorists, sociologists, NGOs and lawyers.

By alerting us to the fact that the international community appears to elevate violations of groups or communities over the violation of individual women during conflict, the chapter suggests that the human rights of women may not be fully protected.

The investigation and enforcement sub‐group felt that its contribution to this project was best made by suggesting answers to this question:

Purpose – To assess the potential significance of the gravesites of Canadian residential schools to criminology.

Methodology/Approach – The current state of criminological theory with respect to crimes against humanity committed by the state is assessed, particularly with reference to any insights it may offer on the gravesites.

Findings – Denunciation of crimes against humanity is the one facet of successful prosecutions that would have value for residential school survivors. The current state of criminological theory for crimes by the state against humanity is inadequate for analyzing how and why those crimes are committed by democratic countries. The capacity of prosecutions by themselves to address the underlying social problems that fuel human rights abuses is limited. There is a need to explore how multi-faceted resolutions can both provide accountability for crimes against humanity and pursue long-standing solutions against further human rights abuses.

Originality/Value – Gaps in criminology with respect to analyzing crimes against humanity committed by the state that are in need of further exploration and study are identified. There is a need to develop methodologies for analyzing crimes against humanity committed by democracies. Further study would have significance not only for Indigenous peoples, but also more broadly for racial minorities who are victimized in democracies. Denunciation of crimes against humanity is the only realistic benefit of prosecution. There is therefore a need to explore multi-faceted and enduring resolutions that are not limited to punishment.

The purpose of this paper is to analyse the new Russian law on Money laundering. Globalisation has turned the international financial systems into a paradise for money launderers. As much as globalisation has expanded opportunities. The purpose of this paper is to analyse the new Russian law on money laundering which brought some changes to the existing system was introduced in Russia in 2002. Even though it has improved the regulation on money laundering greatly, it has failed to efficiently combat terrorism. Overall, the Russian anti-money laundering regime has proved ineffective in terms of meeting its stated purposes of combating organised crime and terrorism. The limited success of the Russian anti-money laundering law stems largely from the fact that Russian banking system is structurally weak.

This paper analyses the problems through literature review. Also, the problem will be looked at from an international law perspective, explaining why Russian efforts will not be efficient as long as no consensus is reached at international level.

This paper starts from the premise that Russian made great effort to comply with international recommendations but that its law fails to efficiently deal with terrorism finance partly due to the fact that no consensus exists at international level as to the definition of the terrorism. Furthermore, the doubt persists as to the real aim pursued by Russian Government while enacting the money laundering law.

Few papers have been published about money laundering in Russia, but none of them look at the problem of the lack of definition of terrorism at international level to explain the deficiencies of the system in place.

UCLAForum.com is a co‐operative venture between the UCLA Sanela Diana Jenkins Human Rights Project and the International Criminal Court Office of the Prosecutor (ICC OTP). The main purpose of the forum is to create an opportunity for the greater legal community to engage in a dialogue covering topics of special interest to the Prosecutor. The purpose of this paper is to document the process of developing this unique resource in the form of a case study.

This study provides the history of the project, web‐use statistics, structural details that shed light on the use of information communication technology (ICT) within a complex partnership of UCLA School of Law and ICC OTP, and provides a summary of the outcome to date.

There have been six debates to date. Individuals from 190 countries speaking 90 languages have visited the forum and almost 280,000 words have been written on the Forum since its launch in September 2010.

UCLAForum.com is the only place on the internet where an average online citizen has access to the Prosecutor of the International Criminal Court by simply posting his or her opinion on the Forum.

UCLAForum.com is a unique use of ICT to explore issues of interest to the Prosecutor of the ICC. It provides a place where these issues get highlighted. It presents the relevant legal landscape with the framing of the issue and the invited experts, in addition to the public debate. The Forum provides visibility to OTP policy decisions. It gives voice to the public and creates a community of interested parties around each issue. And it vets each issue in a defined time span, making it a useful resource prior to its ripening before the ICC.