Features - Update to International Criminal Law: A Selective Resource GuideBy Marylin J. Raisch, Published on June 17, 2002
Marylin Johnson Raisch is the Librarian for International and Foreign Law at the Bora Laskin Law Library of the University of Toronto Faculty of Law. She received her J.D. from Tulane University School of Law (1980) with work both in civil and common law courses as well as international law and Roman law. She holds degrees in English literature from Smith College ( B.A. magna cum laude 1973) and St. Hugh's College, Oxford (M.Litt. 1978). She received her M.L.S. degree from Columbia University School of Library Service in 1988 and has worked as a law librarian for fifteen years, the past ten of which were at Columbia University School of Law as International and Foreign Law Librarian. Marylin has served as moderator or panelist in several continuing education programs at the annual meetings of the American Association of Law Libraries on such topics as effective quick reference in international and foreign law, foreign law in English, and Russian law. She has also presented talks on web access to foreign and international materials for the International Association of Law Libraries, has co-directed one of a series of special four-day institutes on "Training the Next Generation" of international and foreign law librarians, and has edited (with Roberta I Shaffer) the resulting volume of proceedings, Transnational Legal Transactions (Oceana, 1995). Marylin is the author of several articles, reviews, and web guides on international and foreign legal research, such as The European Union: A Selective Research Guide, 1 Columbia Journal of European Law 149 (1994/95), and hyperlinked web guides to research in treaties and public international law, European Union law, and human rights law at http://www.law-lib.utoronto.ca/resguide/entry.htm.
Gail A. Partin is currently an Associate Law Librarian in the Sheely-Lee Law Library at the Dickinson School of Law of the Pennsylvania State University http://www.dsl.edu. Her primary responsibility is providing legal research instruction and reference services. As the library's Foreign, Comparative, and International Law Librarian, she is also responsible for the development and maintenance of the library's international law collection. Gail has conducted numerous educational seminars on legal research instruction and Internet legal research. She also maintains the Dickinson Legal Research Resources http://www.dsl.edu/library/research.html web site for her library and publishes the International Criminal Law chapter of the ASIL Guide to Electronic Resources for International Law http://www.asil.org/resource/Home.htm. She is an active member of AALL’s Foreign, Comparative & International Law SIS http://www.lawsch.uga.edu/fcil/fcil.html and the Research Instruction & Patron Services SIS http://www.aallnet.org/sis/ripssis/.
Editor's note (SP):This article is an update to the International Criminal Law: A Selective Resource Guide. There are numerous additions, changes for some Web site addresses, as well as some deletions.These additions and changes are indicated by (yellow background color) for easy identification.
Updated on October 19, 2001 and June 17, 2002
- I. Introduction
- A. Brief Statement of History
- II. General Background Sources, Research Guides, and Information Networks
- A. Web Sites
- B. Major Treatises
- III. Treaty Resources
- IV. International Criminal Court, the Ad Hoc Tribunals, and Other Relevant Judicial Sources
- A. International Criminal Court
- B. Ad Hoc Tribunals
- C. International and Regional Courts
- D. National Courts
- V. Extradition and Mutual Assistance
- A. Major Treaties and Documents
- B. Major Treatises
- C. N. B. Recent Watershed Cases
- VI. Specific Crimes
- A. Crimes Against Humanity and Human Rights Issues
- B. Organized Crime and Narcotics
- C. Terrorism and Piracy
- D. "Cyber-crime" and Crimes Against the Environment or Cultural Property
- VII. Crime Prevention and Criminal Justice
- A. Statistical Sources
- B. Information Clearinghouses and Other Related Sources
- C. Law Enforcement
- VIII. Notes on Secondary Sources
International criminal law may be entering into a new phase of development with the additional ratification of the Rome Statute of the International Criminal Court. Researchers are directed to section IV , below, on the International Criminal Court.
The purpose of this guide is to provide researchers with a selective quick guide to basic and significant materials, both print and electronic, in the topic area of international criminal law and its processes. As a hyperlinked, contextual guide, it is not intended as a substitute for the compilation of any updated, comprehensive bibliography by using electronic indexes and catalogues and their print equivalents (for older and historic materials).
Origins and sources of the international criminal law regime include three out of the four sources of international law in general which are enumerated in Article 38 of the Statute of the International Court of Justice. According to Professor M. Cherif Bassiouni, only the first three of the sources apply to international criminal law since “writings of the most distinguished publicists” (that is, judges or jurists, especially of international courts or tribunals) and even surveys of national criminal laws cannot create supra-national binding laws in the same way that local legislative and adjudicatory bodies might do.1 The thinking here seems to be that even so-called jus cogens crimes, meaning ones well-established in customary law, require application by and through the cooperation of national states, even parties to a treaty. There are issues of notice, specificity, and legality as recognized within individual criminal justice systems at stake, and even the United Nations system is not yet one of “international legislation” except insofar as the treaty-making process might be looked at that way.2 National cooperation is required to make any form of international criminal law effective, and this principle will be recognized by member states under the Rome Statute of the International Criminal Court as well.3
- United Nations Crime and Justice Information Network (UNCJIN) was established in 1989 and includes the text of treaties, conventions, and national laws, court decisions, UN documents, and statistical sources relating to drugs, crime, and crime prevention.
- World Justice Information Network (WJIN at http://www.wjin.net or http://www.justinfo.net) serves as a central point of access to a global virtual library containing thousands of professional publications and is a worldwide criminal justice news monitoring tool. Features include a specialized criminal justice search engine and multilingual capabilities.
- Justice Information Center is divided into sections covering corrections, courts, crime prevention, criminal justice statistics, drugs, international information, juvenile justice, law enforcement, research and evaluation, victims, and current highlights.
- Research Guide to International Law on the Internet, International Criminal Law is maintained by Massimo Magagni for the University of Bologna, Faculty of Political Science. This page covers many links for the International Criminal Court, the Ad Hoc Tribunals for Former Yugoslavia and Rwanda, and international criminal law in general.
- International Criminal Law is a comprehensive research guide created by Gail Partin as part of the ASIL Guide to Electronic Resources for International Law, a series of excellent research guides sponsored by the American Society of International Law.
- The NYU Law Library "Guide to Foreign and International Legal Databases," compiled and edited by Mirela Roznovschi has an "International Criminal Law" page which adds links to the Project on International Courts and Tribunals (PICT).
- Cecil Greek's Criminal Justice Links: International Criminal Justice Resources links to Web sites for criminal law, law enforcement, crime prevention & peacemaking, and includes regional source lists for the United States, United Kingdom, Europe, Canada, Australia, Africa, Asia, and South America.
Major treatises on international criminal law and procedure in general include the following (a short list of major works):
Bantekas, Ilias and Susan Nash, Mark Mackarel. International criminal law / London: Cavendish, 2001.
Bassiouni, M. Cherif. International criminal law, 2nd ed. Ardsley, N.Y.: Transnational Publishers, 1998.
_________________. International criminal law conventions and their penal provisions. Irvington-on-Hudson, N.Y: Transnational Publishers, 1997.
Cassese, Antonio. International law. Oxford, [U.K.]: New York: Oxford University Press, 2001.
De Than, Claire. International criminal law & human rights. London: Sweet & Maxwell, 2001.
Dugard, John and Christine van den Wyngaert, eds. International criminal law and procedure. Aldershot; Brookfield, VT, 1996.
Hoogh, André de. Obligations erga omnes and international crimes: a theoretical inquiry into the implementation and enforcement of the international responsibility of states. Hague; Boston: Kluwer International Law; Cambridge, MA:1996.
Jorgensen, Nina H.B. The responsibility of states for international crimes. Oxford: New York, NY, 2000.
Kittichaisaree, Kriangsak. International criminal law. Oxford; New York: Oxford University Press, 2001.
Malekian, Farhad. The concept of Islamic international criminal law: a comparative study. London; Boston: Graham & Trotman/M. Nijhoff, 1994.
_________________. The monopolization of international criminal law in the United Nations: a jurisprudential approach. Stockholm, Sweden: Almqvist & Wiksell International, 1995.
Ragazzi, Mauricio. The concept of international obligations erga omnes. New York: Clarendon Press, 1997.
Sewall, Sarah B. and Carl Kaysen, eds. The United States and the International criminal court: national security and international Law. Lanham, MD: Rowman & Littlefield, 2000.
Shelton, Dinah. International crimes, peace, and human rights: the role of the International Criminal Court. Ardsley, NY: Transnational Publishers, 2000.
Sunga, Lyal S. The emerging system of international criminal law: developments in codification and implementation. The Hague; Boston: Kluwer Law International, 1997.
Van den Wyngaert, Christine, ed. International criminal law: a collection of international and European instruments. 2d rev. ed. The Hague; Boston: Kluwer Law International, 2000.
Major journal: International Criminal Law Review,[Dordrecht]: Kluwer, 2001- .
There are a wide range of treaties, conventions, and agreements pertaining to international criminal law issues. The Web sites for locating the treaties of several international organizations are listed below.
United Nations Treaty Collection is an electronic system for locating the text and status of United Nations treaties. Since the United Nations has been the forerunner in undertaking actions to combat international crime this is an excellent source for treaty information, such as the convention establishing the International Criminal Court. Other relevant UN treaties and conventions include the UN Charter and conventions on apartheid, genocide, war crimes and crimes against humanity, torture, narcotic drugs, slavery, the taking of hostages, aircraft hijacking, and terrorism. Sample portions of the database are available free, however access to the complete UN treaty database is by subscription only.
Council of Europe: European Treaties provides the text of the Statute of the Council of Europe and all other COE treaties, including information on reservations, signatures, and ratifications.
European Union Web Site is an umbrella site for all of the Union's institutions and organizations and includes the text of EU founding treaties, policies, and institutional documents.
Organization of American States (OAS) Web site contains the text and status of conventions and treaties relating to corruption, human rights, judicial cooperation, terrorism, and weapons in the Inter-American Treaties database.
The Multilaterals Project at the Fletcher School of Law & Diplomacy is an ongoing project to make the full text of international conventions and other instruments available electronically. The selective list of treaties dates back to 1899 and can be searched by subject or chronologically.
For a comprehensive guide to treaty research sources and methodology, see the Treaties chapter of the ASIL Guide to Electronic Resources for International Law.
As of April 11, 2002, the requisite number of ratifications have been submitted in order to trigger the entry into force of the Rome Statute of the International Criminal Court on July 1, 2002. An excellent brief summary of the event and its implications in light of the complex and, for the United States’ participation, controversial issues surrounding establishment of the court, see Leila Nadya Sadat, “The International Criminal Court Treaty Enters into Force,” ASIL Insights, April 2002, http://www.asil.org/insights/insigh86.htm.
An international criminal court has been called the missing link in the international legal system. The International Court of Justice at The Hague handles only cases between States, not individuals. Without an international criminal court for dealing with individual responsibility as an enforcement mechanism, acts of genocide and egregious violations of human rights often go unpunished. In the last 50 years, there have been many instances of crimes against humanity and war crimes for which no individuals have been held accountable. In Cambodia in the1970s, an estimated 2 million people were killed by the Khmer Rouge. In armed conflicts in Mozambique, Liberia, El Salvador and other countries, there has been tremendous loss of civilian life, including horrifying numbers of unarmed women and children.4
Set out briefly below are sources for some of the major documents of the court, including the statute, (a charter-type convention), its preparatory history, and the continuing revisions, discussions, and ratification process.
1. Web Sites - Major Documents
- the text of the Rome Statute of 17 July 1998 establishing an International Criminal Court, U.N.Doc. A/CONF.183/9 and corrections
- Documents of the Preparatory Commission (1999-)
- Documents of the Preparatory Committee for the Rome Conference (1996-1998)
- Documents of the Ad Hoc Committee for the Establishment of an International Criminal Court (1995)
This list indicates, in reverse chronological order, the United Nations bodies which were set up, in sequence, to address the establishment of the court and the drafting of its statute.
The Preparatory Commission of the International Criminal Court, the currently active body, is charged with drafting rules of procedures and other practical matters related to the actual setting up of the court and its operation.
United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court is the official UN Web site for the Rome Conference and provides a unique glimpse of the daily conference proceedings as they unfolded. A daily photo gallery, audio coverage, and transcripts of speeches and statements combine to provide a recreation of the Rome Conference proceedings
Just prior to this process there had been a project of the United Nations International Law Commission (ILC) on a Draft Code of Crimes Against the Peace and Security of Mankind, this site reproduces documentation culminating in the ILC report in U.N. Doc. A/51/10 (1996).
In addition to the official United Nations sites referenced above, the following selected sites provide substantial information on the International Criminal Court:
- International Criminal Court: Resources in Print and Electronic Format compiled by Lyonette Louis-Jacques. Excellent hyperlinked traditional bibliography integrating web sites with full-text secondary sources, such as journal articles, for commentary.
- ASIL Bibliography on the International Criminal Court is a bibliography of journal articles on the International Criminal Court held in the ASIL Library.
- Coalition for an International Criminal Court
- Human Rights Watch, Making the Treaty Work: International Criminal Court Ratification Campaign. Commentary and action alerts from the advocacy side.
- Lawyers Committee for Human Rights, International Criminal Court Briefing Series
- Reasonable Doubt: The Case against the Proposed International Criminal Court by Gary T. Dempsey, Cato Policy Analysis No. 311 July 16, 1998 for the Cato Institute
- Considerations on the Financing of an International Criminal Court Prepared by Jeffrey Laurenti, Executive Director, Policy Studies UNA-USA.
- ASIL Insights are brief essays on current topics by international law experts:
- Results of the Rome Conference for an International Criminal Court, by Michael P. Scharf. August 1998.
- Rome Diplomatic Conference for an International Criminal Court, by Michael P. Scharf. June 1998.
- Is a U.N. International Criminal Court in the U.S. National Interest? Senate Hearing 105-724 conducted by the United States Senate Foreign Relations Committee on the establishment of the International Criminal Court, includes testimony from David J. Scheffer, Ambassador-At-Large for War Crimes Issues, John R. Bolton, Former Assistant Secretary of State for International Organization Affairs, attorney Lee A. Casey, Professor Michael P. Scharf, along with statements submitted by The Lawyers Committee for Human Rights and Human Rights Watch.
2. Major Treatises
- Bassiouni, M. Cherif. The statute of the international criminal court: a documentary history. Ardsley, N.Y.: Transnational Publishers, 1998.
- _________________, general editor Leila Sadat Wexler, special editor Observations on the consolidated ICC text before the final session of the Preparatory Committee. Paris: Association Internationale de Droit Penal, 1998.
- Cassese, Antonio et als, eds.International criminal law: a commentary on the Rome Statute for an international. Oxford: Oxford University Press, 2001.
- Ferencz, Benjamin B. An international criminal court, a step toward world peace: a documentary history and analysis. Dobbs Ferry, N.Y.: Oceana Publications, 1980.
- George Ginsburgs and V.N. Kudriavtsev, eds. The Nuremberg trial and international law. (Law in Eastern Europe. no. 42. Dordrecht; Boston: M. Nijhoff, 1990.
- Lawyers Committee for Human Rights (U.S.) The International Criminal Court trigger mechanism and the need for an independent prosecutor. New York, N.Y., USA (333 7th Ave., New York 10001): Lawyers Committee for Human Rights, 1997.
- Lee, Roy, ed. The International Criminal Court: the making of the Rome statute : issues, negotiations, and results.; in cooperation with the Project of International Court and Tribunals. Boston: Kluwer Law International, 1999.
- Safferling, Christoph Johannes Maria. Towards an international criminal procedure Oxford; New York: Oxford University Press, 2001.
The history of the need for an International Criminal Court and indeed the history of international criminal law in general would be incomplete without reference to the ad hoc tribunals discussed below and also the Nuremberg War Crimes trials.
1. International Criminal Tribunal for the Former Yugoslavia (ICTY)
International Criminal Tribunal for the Former Yugoslavia contains links to its statute, judgments, rules of procedure, and a Bulletin of all activities at the court.
Additional information relating to the Yugoslavian crisis:
- General Framework Agreement for Peace in Bosnia and Herzegovina, known as the Dayton Peace Accords, and related documents are available from the Office of the High Representative or the University of Minnesota Human Rights Library.
- ASIL Insight: The Yugoslav Tribunal and Deferral of National Prosecutions of War Criminals, by Dorothea Beane. September 1996.
2. International Criminal Tribunal for Rwanda (ICTR)
International Criminal Tribunal for Rwanda (http://www.ictr.org/ or http://www.un.org/ictr/ (mirror site)) is the official UN Web site for the ICTR and includes the full text of some tribunal judgments, case summaries, the ICTR statute, Security Council resolutions, Rules of Procedure and Evidence, press releases, and listings of indictments and hearing transcripts.
The UN Research Guide: Special Topics: International Law provides quick access to the statute and list of reports on the tribunal. The guide indicates in part: “The International Criminal Tribunal for Rwanda, located in Arusha (United Republic of Tanzania), was established by Security Council resolution 955 (1994) of 8 November 1994; the annexed Statute defines its mandate. Articles 10-12 of the Statute were amended by Security Council resolution 1165 (1998) of 30 April 1998”.
The Organization of African Unity endorsed the formation of the International Panel of Eminent Personalities (IPEP) to investigate the 1994 genocide in Rwanda and the surrounding events. The IPEP Special Report, transmitted to the OAU on 29 May 2000, is available along with information on the panel members, the project background, and documentation from the drafting process.
Additional resources pertaining to the Yugoslavian and Rwandan crises:
- Magnarella, Paul J. Justice in Africa: Rwanda’s genocide, its courts and the UN Criminal Tribunal. Aldershot: Ashgate, 2000.
- Ackerman, John E. and Eugene O'Sullivan. Practice and procedure of the International Criminal Tribunal for the Former Yugoslavia: with selected materials from the International Criminal Tribunal for Rwanda. The Hague and Cambridge, MA: Kluwer Law International, 2000.
- The University of Minnesota Human Rights Library has an International Criminal Courts section which includes material from the history of the Yugoslav and Rwanda conflicts as well as the court links.
- War Criminal Watch, designed and maintained by the Coalition for International Justice, is dedicated to information relating to the Yugoslavia and Rwanda Tribunals, including audio and video files on the Tribunal for former Yugoslavia, the status of cases in national courts, implementing legislation, and other legal resources. The ICTY/ICTR pages offer case files, rules of procedure, a manual for practitioners, annual reports, and other related documents.
3. Nuremberg War Crimes Trials
Nuremberg War Crimes Trials materials are available at the web site of the Yale Avalon Project, which includes access to digitized material from Trial of the Major War Criminals Before the International Military Tribunal: Proceedings Volumes 14 November 1945-1 October 1946 (Nuremberg: The Tribunal, 1947-1949 and the Nazi Conspiracy and Aggression (Washington, U.S. Govt. Print. Off., 1946) set as well.
International Court of Justice (ICJ)
All ICJ judgments delivered since its inception in 1946 are listed, along with information on the background of the Court, its current docket, procedures, jurisdiction, and rules. Recent cases pertaining to international criminal law include the Aerial Incident at Lockerbie and the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Yugoslavia). Most judgments are summarized rather than reported in full text. The Cornell Law Library maintains a mirror site for the Court and includes additional research guides and links to international law sources. A complete set of ICJ decisions is available electronically in the INT-ICJ database on WESTLAW, which is a fee-based service.
Many international criminal law issues fall within the jurisdiction of national courts, so researchers will find relevant information by searching for cases within the individual judicial systems of specific countries. Several Web sites offer thorough coverage of the countries of the world (Note, however, that all countries do not provide electronic access to their judicial documents):
Lexadin World Law Guide links directly to judicial decisions in over 40 countries.
The following sites provide an eclectic array of links to all countries in the world.
- U.N. Model Treaty on Extradition, G.A. Res. 45/116 of 14 December 1990 (gopher://gopher.un.org:70/00/ga/recs/45/116 or at http://www.uncjin.org/Standards/Rules/r17/r17.html)
- U.N. Model Treaty on Mutual Assistance in Criminal Matters (and optional protocol), G.A. Res. 45/117 of 14 December 1990
- Convention of 19 June 1990 applying the Schengen Agreement of 14 June 1985 [re Benelux, Germany, France] on the Gradual Abolition of Checks at their Common Borders
- European Union, Legislation in Force, legislation listed under "police and judicial cooperation in criminal and customs matters" and "judicial cooperation in criminal matters" form the Europa Web site
- Council of Europe, European Convention on Extradition of 13 December, 1957, European Treaty Series (ETS) No. 24(for a list of all numbered Council of Europe treaties, go to http://conventions.coe.int/Treaty/EN/cadreprincipal.htm [URLs for COE treaties all changed])
- Additional protocol to the European convention on extradition of 15 October 1975, ETS No. 86;
- Second additional protocol to the European convention on extradition of 17 March 1978, ETS No. 98
- Commonwealth Scheme for the Rendition of Fugitive Offenders, 1966 as amended 1990, 1990 Commonwealth Law Bulletin 1936.
- Scheme Relating to Mutual Assistance in Criminal Matters within the Commonwealth including Amendments of Commonwealth Law Ministers, April 1990, 1990 Commonwealth Law Bulletin 1043.
- European convention on mutual assistance in criminal matters of 20 April 1959, ETS No. 30, and additional protocol of 17 March 1978, ETS No. 99 (for a list of all numbered Council of Europe treaties, go to http://conventions.coe.int/Treaty/EN/cadreprincipal.htm [URLs for COE treaties all changed])
- Inter-American Convention on Extradition, B-47, under “Judicial Cooperation in the “treaties” section of the “documents” service.
- Inter-American Convention on Mutual Assistance in Criminal Matters, A-55, and its Optional Protocol, A-59.
- Inter-American Convention on Serving Criminal Sentences Abroad, A-57
- U.N. High Commissioner for Refugees, Note on problems of extradition affecting refugees
- Extradition Reform in Canada (from Department of Justice web site)
Amnesty International.United Kingdom : the Pinochet case : universal jurisdiction and the absence of immunity for crimes against humanity. London: Amnesty International, International Secretariat, 1999.
Bassiouni, M. Cherif. International extradition: United States law and and practice. New York : Oceana Publications, 1996.
Gilbert, Geoff. Transnational fugitive offenders in international law : extradition and other mechanisms. The Hague ; Boston : M. Nijhoff Publishers; Cambridge, MA, 1998.
Ristau, Bruno A . International judicial assistance. Washington, D.C.: International Law Institute, 1984- (looseleaf updated).
Regina v. Bartle and the Commissioner of Police for the Metropolis and Others Ex Parte Pinochet Regina v. Evans and Another and the Commissioner of Police for the Metropolis and Others Ex Parte Pinochet (On Appeal from a Divisional Court of the Queen's Bench Division),  2 All ER 97,  2 WLR 827, (prerequisites and double criminality rule)
United States v. Alvarez-Machain, 505 U.S.655 (1992), (US Supreme Court sanctioned abduction versus formal extradition)
1. Major Treaties and Documents
- International Covenant on Civil and Political Rights of 16 December 1966, and its optional protocols, one setting up individual complaints procedure, and another second protocol aimed at abolition of the death penalty.
- Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Adopted by General Assembly resolution 3452 (XXX) of 9 December 1975.
- Convention against Torture and Other Cruel, Inhuman o Degrading Treatment or Punishment of 10 December 1984.
- Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Adopted by General Assembly resolution 37/194 of 18 December 1982.
- A further collection of conventions and rules on the following: Rights of those facing the death penalty, code of conduct for law enforcement officials and their use of firearms, role of prosecutors, minimum rules for non-custodial measures, administration of juvenile justice, guidelines for prevention of juvenile delinquency, basic principles on independence of the judiciary, transfer of proceedings, transfer of supervision of offenders, enforced disappearances, and summary executions. All collected in full text under “human rights in the administration of justice" at the site of the U.N. High Commissioner for Human Rights.
Council of Europe (for a list of all numbered Council of Europe treaties, go to http://conventions.coe.int/Treaty/EN/cadreprincipal.htm [URLs for COE treaties all changed])
- Convention for the protection of human rights and fundamental freedoms of 4 November, 1950, ETS No. 5, as amended by protocol No. 11 of 11 May 1994.
- European convention for the prevention of torture and inhuman or degrading treatment or punishment of 26 November 1987, ETS No. 126 and two amending protocols.
- European convention on the supervision of conditionally sentenced or conditionally released offenders of 30 November 1964, ETS No. 51.
- European convention on the international validity of criminal judgments of 28 May 1970, ETS No. 70.
- European convention on the transfer of proceedings in criminal matters of 15 May, 1971, ETS No. 73.
- European convention on the non-applicability of statutory limitation to crimes against humanity and war crimes of 25 January 1974, ETS. No. 82.
- European convention on the control of the acquisition and possession of firearms by individuals of 28 June 1978, ETS No. 101.
- Convention on the transfer of sentenced persons of 31 March 1983, ETS No. 112.
- European convention on the compensation of victims of violent crimes of 24 November 1983, ETS No. 116.
Organization of American States (Click on “treaties and Conventions,” select “search by subject,” and then “human rights")
- American convention on human rights "Pact of San Jose, Costa Rica"
- Protocol to the American convention on human rights to abolish the death penalty
- Inter-American convention on forced disappearance of persons
- Inter-American convention to prevent and punish torture
- African Union (formerly Organization of African Unity)
Organization of African Unity
- African [Banjul] Charter on Human and Peoples' Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force Oct. 21, 1986.
2. Court and Monitoring Body Sites
Inter-American Court of Human Rights
Click on “human rights” from pull-down menu for links to the Court and the Commission.
The Cambodian Genocide Program
The Cambodian Genocide Program is studying the events of the Pol Pot era, to learn as much as possible about the tragedy, and to help determine who was responsible for the crimes of this regime. The bibliographic database contains records on some 2,000 primary and secondary documents dealing with atrocities in the Khmer Rouge regime.
Major War Criminals/Suspects
Links to sources including articles from newspapers to create an extensive list of criminals/suspects and their alleged atrocities.
3. Major Treatises
Bassiouni, M. Cherif. Crimes against humanity in international criminal law. 2nd rev. ed. Cambridge, MA: Kluwer Law International, 1999.
__________________ and Ziyad Motala, eds. The Protection of human rights in African criminal proceedings. Dordrecht; Boston: M. Nijhoff, 1995.
__________________, ed. with the collaboration of Alfred de Zayas. The Protection of human rights in the administration of criminal justice: a compendium of United Nations norms and standards. Irvington, NY: Transnational Publishers; Geneva: Centre for Human Rights United Nations; 1994.
Matas, David. No more: the battle against human rights violations. Towards the new millennium series; [edited by Dennis Mills]: Toronto: Dundurn Press, 1994.
Ratner, Steven R. Accountability for human rights atrocities in international law: beyond the Nuremberg legacy. 2nd Ed. Oxford; New York: Oxford University Press, 2001.
Stojanovic, Lazar, ed.International Conference on War-Crimes Trials (1998 Belgrade, Yugoslavia) Spotlight on : Proceedings of the International Conference on War-Crimes Trials. Belgrade: Humanitarian Law Center, 2000.
1. Major Treaties and Documents
- United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.
- United Nations Convention against Transnational Organized Crime, opened for signature Dec. 2000.
- Council of Europe, Convention on laundering, search, seizure and confiscation of the proceeds from crime of 8 November 1990, ETS No. 141. (for a list of all numbered Council of Europe treaties, go to http://conventions.coe.int/Treaty/EN/cadreprincipal.htm [URLs for COE treaties all changed])
- Council of Europe, Criminal law convention on corruption of 27 January 1999, ETS no.173.
- Inter-American convention against corruption (Adopted at the third plenary session, held on March 29, 1996).
- United Nations Crime and Justice Information Network is an electronic access to some of the documents it has compiled regarding drug laws and bilateral treaties; also consult UN indexes such as AccessUN and the Official Documents Search (S) system (both by subscription only).
- The OECD Convention on Bribery, by Geoffrey R. Watson. March 1998. ASIL Insights.
2. Research Sites
Transnational Crime and Corruption Center (TraCCC)
TraCCC is a non-profit institute dedicated to the research of trends in organized crime and corruption and includes organized crime links to information on arms, corruption, cybercrime, drugs, environmental crime, money laundering, terrorism, and white collar crime.
International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLRCJP)
The Centre monitors activities concerning economic and organized crime.
United Nations International Drug Control Programme (UNDCP)
This is the "agency responsible for coordinating activities relating to international control of narcotic drugs." The web site lists drug-related resolutions and decisions and includes a summary of the World Drug Report.
Drugtext Legal Pages
Serves as a springboard to UN drug control bodies, treaties on drugs, European Union documents, international reports, articles & papers, legislation & legal proposals, and jurisprudence.
International Money Laundering Information Network (IMoLIN)
IMoLIN was developed under the auspices of the United Nations Office for Drug Control and Crime Prevention to assist governments, organizations and individuals in the fight against money laundering.
The Money Laundering Compliance Website
This site was “created for the purpose of increasing the available knowledge about money laundering and includes a listing of conferences and seminars, articles, and links to sites dealing with financial crimes.
3. Major Treatises
Bassiouni, M. Cherif, and Eduardo Vetere, eds. and compilers, with the cooperation of Dimitri Vlassis. Organized crime: a compilation of U.N. documents 1975-1998. Ardsley, N.Y.: Transnational Publishers, 1998.
Punch, Maurice, ed. Coping with corruption in a borderless world : proceedings of the fifth International Anti-Corruption Conference. Deventer; Boston: Kluwer Law and Taxation Publishers; Arnhem: Gouda Quint, 1993.
Richards, James R. Transnational criminal organizations, cybercrime and money laundering: a handbook for law enforcement officers, auditors, and financial investigators. Boca Raton, Fla.: CRC Press, 1999.
Rider, Barry, ed. Corruption: the enemy within, Selection of papers presented at the Fourteenth International Symposium on Economic Crime, which took place at Jesus College, within the University of Cambridge, from 8 to 13 September, 1996.” Boston: Kluwer Law International, c1997.
Major journal: Transnational Organized Crime, London: Frank Cass, 1995- .
1. Major Treaties and Documents
- Special Note Regarding Events of September 11, 2001: UNITED NATIONS “TREATY EVENT” AND SPECIAL SECTION AT UN TREATY DATABASE: Conventions on Terrorism, http://untreaty.un.org/English/Terrorism.asp.
- United Nations, International Convention for the Suppression of Terrorist Bombings, U.N. Doc. A/52/653 (25 November 1997; in force from May 2001.)
- Canada’s Department of International Trade and Foreign Affairs has collected several older treaties at its site on terrorism at http://www.dfait-maeci.gc.ca/english/foreignp/treaties-e.htm and lists conventions relied upon in defining “terrorist activity” for proposed anti-terrorism legislation (at first reading), the Anti-terrorism Act, http://www.parl.gc.ca/37/1/parlbus/chambus/house/bills/government/C-36/C-36_1/90168b-1E.html#6 - what follows is a selection of these treaties of the numerous ones at the site in full text.
- Convention for the suppression of unlawful seizure of aircraft signed at the Hague, on 16 December 1970.
- Convention for the suppression of unlawful acts against the safety of civil aviation signed at Montreal on 23 September 1971.
- Convention on the physical protection of nuclear material, signed at New York and Vienna, 3 March 1980.
- Convention for the suppression of unlawful acts against the safety of maritime navigation, signed at Rome, 10 March 1988.
- European convention on the suppression of terrorism of 27 January, 1977, ETS No. 90. (for a list of all numbered Council of Europe treaties, go to http://conventions.coe.int/Treaty/EN/cadreprincipal.htm [URLs for COE treaties all changed])
2. Research Sites
American Society of International Law, ‘Legal Resources on Terrorism,”
Jurist (U.S.) Terrorism site, http://jurist.law.pitt.edu/terrorism.htm
(includes world anti-terrorism laws, bibliography, and more)
Terrorism Research Center
Terrorism Research Center is "an independent institute dedicated to the research of terrorism, information warfare, and other issues related to low-intensity political violence and gray-area phenomena."
Security Resource Net's Counter Terrorism
The Security Resource Net is the online site for the National Security Institute. The Counter Terrorism page provides links to information on topics such as, Terrorism Legislation and Executive Orders (primarily United States), Terrorism Facts, Commentary, Terrorism Precautions, and other related sources.
3. Major Treatises
Chadwick, E. Self-determination, terrorism and the international humanitarian law of armed conflict. The Hague; Boston, Mass.: M. Nijhoff, 1996.
Elagab, Omer Y., compiler. International law documents relating to terrorism. 2nd ed. London: Cavendish Pub., 1997.
Potomac Institute for Policy Studies. Counter Biological Terrorism Panel. Countering biological terrorism in the U.S. : an understanding of issues and status. Dobbs Ferry, N.Y.: Oceana Publications, 1999.
Rubin, Alfred P. The law of piracy. Irvington-on-Hudson, NY: Transnational, 1998.
United Nations. International instruments related to the prevention and suppression of international terrorism. New York: United Nations, 2001.
For a comprehensive guide to environmental conventions, declarations, and online resources in general, see the guide “International Environmental Law” by Anne Burnett at the site for the ASIL Guide to Electronic Resources for International Law . Not all environmental treaties carry provisions which can be deemed strictly penal in nature, although this may be the intended effect.
- Convention on the Protection of the Environment through Criminal Law of 4 November 1998, ETS No. 172 (not yet in force).
- Convention on International Trade in Endangered Species of Wild Flora and Fauna of 3 March 1973, 993 U.N.T.S. 243 (CITES).
- International Convention for the Prevention of Pollution by Ships of 2 November 1973 and protocols of 1978 and 1997 (MARPOL), (at site of Harvard’s International Environmental Policy Reference Guide).
- Conventions on depletion of the ozone layer and transboundary movement of hazardous waste at the site for the United Nations Environment Programme (UNEP).
- International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLRCJP) gathers information on issues concerning Environmental Crime. Access is provided to the report from the International Meeting of Experts, held in Portland, Oregon in 1994, entitled Use of Criminal Sanctions in the Protection of the Environment: Internationally, Domestically
2. Cultural Property
Two leading web sites for texts and documents relating to the protection of cultural property are the site for United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage site; and the International Council on Monuments and Sites.
- Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954 and regulation and Protocol I of same date, 249 U.N.T.S. 240; 249 U.N.T.S. 358; Protocol II of 26 March 1999.
- Convention Concerning the Protection of the World Cultural and Natural Heritage of 16 November 1972.
- Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 14 November 1970, 823 U.N.T.S. 231.
- Unidroit Convention on Stolen or Illegally Exported Cultural Objects of 24 June 1995.
- INTERPOL’s U.S. National Central Bureau (USNCB) is also a point of contact for the Cultural Property Program home page, which includes descriptions and photos of a wide range of stolen cultural property, pictures of "Wanted by Interpol works of art", and details on how to report the loss or theft of cultural property.
International law is just beginning to address cyber-“terrorism” and hacker crimes. Most regional provisions to date have dealt with privacy protection and, more recently, consumer protection with regard to data and the internet. Oceana’s Law Library Newsletter, vol. 42, no. 2, April, 2000 lists several web sites in its Pathfinder, “Cyber-and Counter- Terrorism Resources.”
- Council of Europe, Draft Convention on Cyber-crime: According to C of E press release: “The text should be finalized by a group of experts by December 2000 and the Committee of Ministers could adopt the text and open it for signature as early as Autumn 2001.” Press release and latest draft (scroll down) at http://conventions.coe.int/treaty/EN/cadreprojets.htm
- Council of Europe, Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981, ETS. No. 108.
- Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Official Journal of the European Communities L 281 , 23/11/1995 p. 31-50.
- The EU has newly in force a new e-commerce directive beyond the scope of this paper but indicative of a pro-active legislative stance for Europe.
- US-based Computer Crime and Intellectual Property, Criminal Section, Department of Justice site, www.cybercrime.gov, is a rich resource of domestic US and international information.
4. Major Treatises on the Newer Crimes Against the Environment and Cultural Property, Cyber-crime
Chris Backes & Gerrit Betlem (eds.). Integrated pollution prevention and control: the EC directive from a comparative legal and economic perspective. The Hague; Boston: Kluwer Law International, 1999.
Heine, Gunter, and Prabhu, Mohna A., eds. Environmental protection: potentials and limits of criminal justice: evaluation of legal structures. Freiburg im Breisgau: Edition Iuscrim: Rome, Italy: UNICRI, 1997.
Kiss, Alexandre Charles. International environmental law. 2nd, ed., Ardsley, NY: Transactional Publishers, 2000.
Larsson, Marie-Louise. The law of environmental damage: liability and reparation. The Hague; Boston: Kluwer Law International, 1999.
Robb, A.R. Cairo, ed. International environmental law reports , 5 vols. Cambridge, U.K.; New York, NY: Cambridge University Press, 1999-.
United Nations. Criminal law and its administration in international environmental conventions: summary proceedings of a regional workshop co-organised by UNICRI,Commonwealth Secretariat and South Pacific Regional Environmental [sic] Programme (SPREP): Apia, Samoa 22/26 June 1998 / edited by Svend Soyland and Mohan Prabhu. Rome, Italy: UNICRI, c1998.
b. Cultural Property
Briat, Martine, and Freedberg, Judith A. International art trade and law - Le commerce international de l'art et le droit. Paris; New York: ICC Publishing: Deventer; Boston: Kluwer Law and Taxation, 1991.
Jote, Kifle. International legal protection of cultural heritage. Stockholm: Juristforlaget, 1994.
King, Thomas F. Cultural resource laws and practice: an introductory guide . Walnut Creek, CA: AltaMira Press, 1998.
Protection pénale du patrimoine archéologique: actes du colloque de Lyon, 6 et 7 décembre 1989. [Lyon]: L'Hermès, 1992
- Alexander, Yonah and Swetnam, Michael S. Cyber terrorism and information warfare. Dobbs Ferry, N.Y.: Oceana Publications, 1999.
United Nations Crime and Justice Information Network (UNCJIN): Statistics and Research Sources
Includes the UN Surveys of Crime Trends and Operations of Criminal Justice Systems, the UN International Study on Firearm Regulation, and an impressive array of links to collections of crime statistics worldwide.
Bureau of Justice Statistics (BJS), International Justice Statistics
A complete resource for international criminal statistics providing explanations and references to the full range of United Nations statistical sources, Social Sciences Data Archives, International Web Sites, and National Archive of Criminal Justice Data. The World Factbook of Criminal Justice Systems, developed under a BJS grant, provides narrative descriptions of the criminal justice systems of countries around the world.
British Home Office Research and Statistics Directorate
British and international criminal justice statistics.
University of Michigan Documents Center: Statistical Resources on the Web
A well organized center for statistical sources on all subjects. Most relevant to criminal law issues are the sections for Foreign Governments and Sociology (which includes crime statistics).
National Criminal Justice Reference Service
NCJRS "maintains a database of abstracts for more than 150,000 criminal justice books, journal articles, and reports published by the U.S. Department of Justice, other local, state, and federal government agencies, international organizations, and the private sector."
National Institute of Justice (NIJ)
NIJ is the research agency of the U.S. Department of Justice. NIJ's links with the international community include participation in the network of criminological institutes affiliated with the United Nations; financial and administrative support of the World Justice Information Network; participation in the development of the United Nations Criminal Justice Information Network (UNCJIN); and establishment of an International Center within NIJ. A Web page for the International Center is at http://www.ojp.usdoj.gov/nij/international/welcome.html. Articles discussing international crime, in NIJ publications such as National Institute of Justice Journal, NIJ Research Forum, Research Report, and Research in Brief are available from 1994 to the present at http://www.ojp.usdoj.gov/nij/pubs.htm
State University of New York at Albany, School of Criminal Justice, Links to Criminal Justice Sites
A comprehensive clearinghouse for U.S. and international criminal law and justice resources.
International Criminal Police Organisation (INTERPOL)
This Web site offers detailed explanations of Interpol’s administrative structure and basic principles. The Interpol Reference Library includes keynote articles, technical papers, and Interpol press releases.
INTERPOL United States National Central Bureau (USNCB)
This site maintains a State and Local Police Liaison Division which facilitates the exchange of information and requests between foreign and domestic police. It maintains a network roster of liaison coordinators, a list of INTERPOL member countries with U.S. Extradition Treaties, and instructions for filing a Request for International Assistance.
Europol (European Police Office)
In July 1995, the Europol Convention was drawn up and submitted for approval to the member states of the European Union. Europol's mission is "to improve police cooperation between the Member States to combat terrorism, illicit traffic in drugs and other serious forms of international crime."
International Association of Chiefs of Police (IACP)
Founded in 1893, the IACP provides assistance and direction to police professionals from over 80 nations. Its Private Sector Liaison Committee (PSLC) sponsors publications on topics such as drugs and violence in the workplace, product tampering, and a model substance abuse policy.
Police Officer's Internet Directory
This "Directory" is a user-friendly list of links of interest to the law enforcement community world wide. It is organized into subjects covering, for example, US and international agencies, police associations, hate groups, law libraries, investigations, listservs, and "most wanted" lists from around the world.
This guide presumes knowledge of, or familiarity with, legal periodical indexes and incorporates references to more specialized indexes in the three guides cited in the first paragraph of this presentation. Lexis, QL, and Westlaw materials are similarly referenced as potential sources using topical and Boolean search approached within those fee-based systems, as appropriate. However, of particular interest for web-based searching may be the following free web sites, particularly for staying abreast of developments in international criminal law:
JSTOR indexes and provides full text access to the American Journal of International Law and several other publications.
RAVE, a site at the university at Duesseldorf, Germany, produces a bibliography of Public International Law and European Law articles and links to full text where possible.
The “Virtual Institute” of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg provides a kind of online encyclopedia of public international law similar to the print counterpart.
1M. Cherif Bassiouni, International Criminal Law (2d ed.) (Ardsley, N.Y.: Transnational Publishers, 1998), pp. 4-5. <back to text>
2 Id. at 4. <back to text>