Arcs of global justice : essays in honour of William A. Schabas

M. Cherif Bassiouni / Human rights and international criminal justice in the twenty first century : the end of the post-WWII phase and the beginning of an uncertain new era -- Thomas A. Cromwell and Bruno Gélinas-Faucher, William Schabas / The Canadian Charter of rights and freedoms, and international human rights law -- Emmanuel Decaux / The International Convention on the Protection of All Persons from Enforced Disappearance, as a victim-oriented treaty --Kathleen Cavanaugh and Joshua Castellino / The politics of sectarianism and its reflection in questions of international law & state formation in The Middle East -- Sandra L. Babcock / International law and the death penalty : a toothless tiger, or a meaningful force for change? -- Marc Bossuyt / The UN optional protocol on the abolition of the death penalty --Christof Heyns and Thomas Probert and Tess Borden / The right to life and the progressive abolition of the death penalty -- Zhao Bingzhi / Progress and trend of the reform of the death penalty in China -- Margaret M. DeGuzman / Criminal law philosophy in international criminal law scholarship -- Frédéric Mégret / Is the ICC focusing too much on non-state actors? -- Shane Darcy / The principle of legality at the crossroads of human rights and international criminal law -- Alain Pellet / Revisiting the sources of applicable law before the ICC -- Mireille Delmas-Marty / The ICC as a work in progress, for a world in process -- Carsten Stahn / Legacy in international criminal justice -- Andrew Clapham and Paola Gaeta / Torture by private actors and 'gold plating' the offence in national law : an exchange of emails in honour of William Schabas -- Hirad Abtahi and Philippa Webb / Secrets and surprises in the Travaux préparatoires of the genocide convention -- Jérémie Gilbert / Perspectives on cultural genocide : from criminal law to cultural diversity -- Beth Van Schaack / Crimes against humanity : repairing Title 18's blind spots -- Leila Nadya Sadat / A new William Schabas: Portrait Of A Scholar/activist Extraordinaire / Roger S. Clark -- Part I. Human Rights -- Human Rights And International Criminal Justice In The Twenty-first Century: The End Of The Post-wwii Phase And The Beginning Of An Uncertain New Era / M. Cherif Bassiouni -- William Schabas, The Canadian Charter Of Rights And Freedoms And International Human Rights Law / Thomas A. Cromwell And Bruno Gélinas-faucher --- The International Convention On The Protection Of All Persons From Enforced Disappearance, As A Victim-oriented Treaty / Emmanuel Decaux -- The Politics Of Sectarianism And Its Reflection In Questions Of International Law And State Formation In The Middle East / Kathleen Cavanaugh And Joshua Castellino -- Part Ii. Capital Punishment -- International Law And The Death Penalty: A Toothless Tiger, Or A Meaningful Force For Change? / Sandra L. Babcock -- The Un Optional Protocol On The Abolition Of The Death Penalty / Marc Bossuyt -- The Right To Life And The Progressive Abolition Of The Death Penalty / Christof Heyns, Thomas Probert, And Tess Borden -- Progress And Trend Of The Reform Of The Death Penalty In China / Zhao Bingzhi -- Part Iii. International Criminal Law -- Criminal Law Philosophy In William Schabas's Scholarship / Margaret M. Deguzman -- Is The Icc Focusing Too Much On Non-state Actors? / Frédéric Mégret -- The Principle Of Legality At The Crossroads Of Human Rights And International Criminal Law / Shane Darcy -- Revisiting The Sources Of Applicable Law Before The Icc / Alain Pellet -- The Icc As A Work In Progress, For A World In Process / Mireille Delmas-marty -- Legacy In International Criminal Justice / Carsten Stahn -- Torture By Private Actors And 'gold Plating' The Offence In National Law: An Exchange Of Emails In Honour Of William Schabas / Andrew Clapham And Paola Gaeta -- Part Iv. Genocide And Crimes Against Humanity -- Secrets And Surprises In The Travaux Préparatoires Of The Genocide Convention / Hirad Abtahi And Philippa Webb -- Perspectives On Cultural Genocide: From Criminal Law To Cultural Diversity / Jérémie Gilbert -- Crimes Against Humanity: Repairing Title 18's Blind Spots / Beth Van Schaack -- A New Global Treaty On Crimes Against Humanity: Future Prospects / Leila Nadya Sadat -- Part V. Transitional Justice And Atrocity Prevention -- Justice Outside Of Criminal Courtrooms And Jailhouses / Mark A. Drumbl -- Toward Greater Synergy Between Courts And Truth Commissions In Post-conflict Contexts: Lessons From Sierra Leone / Charles Chernor Jalloh -- International Criminal Tribunals And Cooperation With States: Serbia And The Provision Of Evidence For The Slobodan Milosěvić Trial At The Icty / Geoffrey Nice And Nevenka Tromp -- The Arc Toward Justice And Peace / Mary Ellen O'connell -- The Maintenance Of International Peace And Security Through Prevention Of Atrocity Crimes: The Question Of Cooperation Between The Un And Regional Arrangements / Adama Dieng -- Part Vi. Justice In Culture And Practice -- Law And Film: Curating Rights Cinema / Emma Sandon -- The Role Of Advocates In Developing International Law / Wayne Jordash -- Bill The Blogger / Diane Marie Amann. Edited By Margaret M. Deguzman And Diane Marie Amann. Includes Bibliographical References And Index. Cover 1 Arcs of Global Justice 4 Copyright 5 Contents 6 Contributors 10 Foreword 14 Acknowledgements 18 William Schabas: Portrait of a Scholar/​Activist Extraordinaire 20 Part One Human Rights 40 1. Human Rights and International Criminal Justice in the Twenty-​First Century: The End of the Post-​WWII Phase and the Beginning of an Uncertain New Era 42 2. William Schabas, the Canadian Charter of Rights and Freedoms, and International Human Rights Law 78 3. The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-​Oriented Treaty 96 4. The Politics of Sectarianism and Its Reflection in Questions of International Law and State Formation in the Middle East 104 Part Two Capital Punishment 126 5. International Law and the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change? 128 6. The UN Optional Protocol on the Abolition of the Death Penalty 148 7. The Right to Life and the Progressive Abolition of the Death Penalty 156 8. Progress and Trend of the Reform of the Death Penalty in China 176 Part Three International Criminal Law 192 9. Criminal Law Philosophy in William Schabas’s Scholarship 194 10. Is the ICC Focusing Too Much on Non-​State Actors? 212 11. The Principle of Legality at the Crossroads of Human Rights and International Criminal Law 242 12. Revisiting the Sources of Applicable Law before the ICC 266 13. The ICC as a Work in Progress, for a World in Process 296 14. Legacy in International Criminal Justice 310 15. Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law: An Exchange of Emails in Honour of William Schabas 326 Part Four Genocide and Crimes against Humanity 336 16. Secrets and Surprises in the Travaux Préparatoires of the Genocide Convention 338 17. Perspectives on Cultural Genocide: From Criminal Law to Cultural Diversity 360 18. Crimes against Humanity: Repairing Title 18’s Blind Spots 380 19. A New Global Treaty on Crimes Against Humanity: Future Prospects 414 Part Five Transitional Justice and Atrocity Prevention 434 20. Justice outside of Criminal Courtrooms and Jailhouses 436 21. Toward Greater Synergy between Courts and Truth Commissions in Post-​Conflict Contexts: Lessons from Sierra Leone 456 22. International Criminal Tribunals and Cooperation with States: Serbia and the Provision of Evidence for the Slobodan Milošević Trial at the ICTY 484 23. The Arc toward Justice and Peace 506 24. The Maintenance of International Peace and Security through Prevention of Atrocity Crimes: The Question of Co​operation between the UN and Regional Arrangements 524 Part Six Justice in Culture and Practice 538 25. Law and Film: Curating Rights Cinema 540 26. The Role of Advocates in Developing International Law 560 27. Bill the Blogger 576 Index 588 M. Cherif Bassiouni / Human rights and international criminal justice in the twenty first century : the end of the post-WWII phase and the beginning of an uncertain new era -- Thomas A. Cromwell and Bruno Gélinas-Faucher, William Schabas / The Canadian Charter of rights and freedoms, and international human rights law -- Emmanuel Decaux / The International Convention on the Protection of All Persons from Enforced Disappearance, as a victim-oriented treaty --Kathleen Cavanaugh and Joshua Castellino / The politics of sectarianism and its reflection in questions of international law & state formation in The Middle East -- Sandra L. Babcock / International law and the death penalty : a toothless tiger, or a meaningful force for change? -- Marc Bossuyt / The UN optional protocol on the abolition of the death penalty --Christof Heyns and Thomas Probert and Tess Borden / The right to life and the progressive abolition of the death penalty -- Zhao Bingzhi / Progress and trend of the reform of the death penalty in China -- Margaret M. DeGuzman / Criminal law philosophy in international criminal law scholarship -- Frédéric Mégret / Is the ICC focusing too much on non-state actors? -- Shane Darcy / The principle of legality at the crossroads of human rights and international criminal law -- Alain Pellet / Revisiting the sources of applicable law before the ICC -- Mireille Delmas-Marty / The ICC as a work in progress, for a world in process -- Carsten Stahn / Legacy in international criminal justice -- Andrew Clapham and Paola Gaeta / Torture by private actors and 'gold plating' the offence in national law : an exchange of emails in honour of William Schabas -- Hirad Abtahi and Philippa Webb / Secrets and surprises in the Travaux préparatoires of the genocide convention -- Jérémie Gilbert / Perspectives on cultural genocide : from criminal law to cultural diversity -- Beth Van Schaack / Crimes against humanity : repairing Title 18's blind spots -- Leila Nadya Sadat / A new global treaty on crimes against humanity : future prospects -- Mark A. Drumbl / Justice outside of criminal courtrooms and jailhouses -- Charles Chernor Jalloh / Toward greater synergy between courts and truth commissions in post-conflict contexts : lessons from Sierra Leone -- Geoffrey Nice and Nevenka Tromp / Criminal trial as a tool to control historical narrative -- Mary Ellen O'Connell / The arc toward justice and peace -- Adama Dieng / The maintenance of international peace and security through prevention of atrocity crimes : the question of co-operation between the UN and regional arrangements -- Emma Sandon / Law and film : curating rights cinema -- Wayne Jordash / The role of advocates in developing international law -- Diane Marie Amann / Bill the blogger "Martin Luther King, Jr. once said 'the arc of the moral universe is long, but it bends toward justice.' Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century, from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape this half-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor. This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment." --publisher's description Invoking famous words by Martin Luther King Jr.–‘the arc of the moral universe is long, but it bends toward justice’–this volume analyses developments respecting global justice in the decades since the end of World War II. Presented are dozens of essays by eminent scholars, each contributed in recognition of the collection’s honouree, Professor William A. Schabas. Schabas’s work has spanned many topics in international law and has placed him in multiple roles in international courts and organizations. Accordingly, this volume discusses institutions including the United Nations, the European Court of Human Rights, and the International Criminal Court, and instruments including the Universal Declaration of Human Rights, the Convention Against Torture, and the Canadian Charter of Human Rights and Freedoms. Fits and starts in global justice are examined with regard to many phenomena: peace and war, international crimes, culture, death penalty, environmental degradation, and not least, education and scholarship.