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The Prosecution and Defense of Peacekeepers under International Criminal Law is the first comprehensive study on the international judicial implications of prosecution of international peacekeepers and members of military crisis operations under the principles of international criminal law and especially those of the International Criminal Court (ICC). Based on both domestic case law and that of the ICTY-ICTR, this study analyzes the foundation and application of international criminal liability concepts and defenses from the perspective of the prosecution and defense in the area of peacekeeping. This book assesses whether prosecution of international peacekeepers merits a distinct judicial position due to (UN) peacekeeping mandates as well as the concept of Rules of Engagement. Special attention is paid to the new era of international military crisis operations in terms of prosecution and defense of military servicemen involved in these operations. Published under the Transnational Publishers imprint

From 1996 onwards the international legal community has been trying to establish a general anti-terrorism treaty. Despite several attempts to reach agreement on such a general treaty within the framework of an ad hoc commission of the General Assembly of the UN, this goal has never been fulfilled, due to a lack of consensus on the definition of the concept of terrorism. For the very same reason, the offence of terrorism has not been incorporated in the ICC Statute. This raises the question of the extent to which international criminal law is sufficiently equipped to combat international terrorism, particularly considering the effects of the September 11 attacks on national and international criminal law, as well as the fact that an International Extradition Convention with respect to International Terrorism is still lacking. The additional need for such a uniform treaty recently became apparent following the terrorist attacks in Bali and Mombasa (Kenya). At the same time, the EU, with the advent of the European Arrest Warrant (EAW), is entering a new era with regard to combating terrorism. The purpose of this development is in principle to abolish the present extradition formalities and obstacles. However, the recent decision of 10 December 2002, issued by the Extradition Chamber of the District Court in Amsterdam, which rejected an extradition request concerning a person suspected of being a member of the Turkish PKK, an organization prohibited in Turkey, also emphasizes the importance of the 'Rule of Law' in the area of suppressing terrorism on both the global and European level.

Introduction -- Definitional elements of mens rea at the ad hoc tribunals -- Definitional elements of mens rea at the international criminal court -- Mens rea and war crimes -- Mens rea and genocide -- Mens rea and crimes against humanity -- Mens rea and the crime of aggression -- Mens rea for the criminalization of political speeches -- Defenses against mens rea

International criminal tribunals distinctions and main features -- Defining international crimes -- The ICC-Crime of Aggression -- Jurisdiction and complementarity -- Criminal liability principles envisioned by ICTs -- International criminal law defenses -- General principles of procedural criminal law envisioned by ICTs -- Principles of criminal evidence before ICTs -- Due process principles before ICTs -- International state cooperation with ICTs obtaining evidence abroad -- The International Criminal Court within the geopolitical world order -- Trials in absentia

Confronted with the practical legal aspects of Peace Support Operations (PSO) in their daily work, the two authors realized that there was an urgent need for the international community of military and civilian lawyers, law enforcement agencies, policy makers, legal advisers and military commanders dealing with these types of missions to have a guidebook analyzing, questioning and providing some solutions to the practical legal aspects intrinsic in them and which are often known only to those who have been serving in the field. It was therefore decided to create a tool to record and diffuse th