International criminal law has focused on the prosecution of truly international crimes — genocide, crimes against humanity, war crimes, and aggression. The emerging field of transnational criminal law reflects the fact that our post-Cold War, post-9/11 world has seenbthe growth of transnational crimes of international concern, such as terrorism, money laundering, organized crime, and human and narcotics trafficking, as well as transnational crimes of domestic concern, which are simply ordinary domestic crimes that involve the jurisdiction of more than one state.
This book surveys these two related but increasingly distinct fields with a focus on Canada, bringing together in one accessible text topics that are of increasing importance in a world of globalized crime, from a substantive perspective and through examination of the expanding range of international tribunals dealing with such crimes. This third edition updates caselaw and international practice from Canada, including substantial revisions relating to the prosecution of cross-border crimes. It also combines examinations of international courts and tribunals, transnational criminal law treaties, and recent literature to provide a unique perspective on these two international law disciplines that, while best viewed as separate, retain a common heritage and some overlapping concepts and applications.
Foreword to the First Edition
Foreword to the Second Edition
Foreword to the Third Edition
Preface and Acknowledgements
Abbreviations
Chapter 1: Introduction: Convergence of Disciplines
Chapter 2: Jurisdiction over International and Transnational Crime
Chapter 3: The Core Crimes
Chapter 4: Direct Enforcement Against the Core Crimes: International and Internationalized Criminal Courts
Chapter 5: Indirect Enforcement: National Prosecution of the Core Crimes
Chapter 6: Other International Crimes
Chapter 7: Transnational Crimes of International Concern
Chapter 8: Transnational Crimes of Domestic Concern
Chapter 9: International Criminal Cooperation
Chapter 10: International Criminal Cooperation, Human Rights, and the Application of the Charter
Chapter 11: Immunities from Criminal Prosecution
Chapter 12: Extended Liability, Defences, and Child Soldiers
Table of Cases
Index
About the Authors
Reviews of previous edition:
In a world where advances in technology and transportation have shattered the notion that crime is local, Robert J. Currie’s book, International and Transnational Criminal Law, eloquently explores the complex and rapidly evolving fields of law known as “inter¬national criminal law” (ICL) and “transnational criminal law” (TCL). Unlike some texts in international law, which rely on ex¬cerpts from international instruments to convey their message, this book studiously synthesises complex subject matter into readily digestible points. In so doing, the author presents the salient features of these areas of law in a manner that allows the reader to appreci¬ate the interplay between the emerging streams in a style that is eminently accessible to teachers, students, practitioners, judges, and policy makers alike.
From The Canadian Yearbook of International Law 2010, Vol. 48 pp 584-588
Currie’s work is an invaluable resource that will be welcomed by those with an interest in international and transnational criminal law. In addition to the comprehensive research and practical examples that inform this book, Currie’s ability to translate a very complex area of law into easily understood concepts will ensure that this book remains authoritative and relevant for years to come.
Marcus Davies – Legal Officer, Criminal, Security and Diplomatic Law Division, Foreign Affairs and International Trade Canada
