ISBN : 9780190272654
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.
Contributors; Foreword by Diane Marie Amann and Margaret M. deGuzman; Introduction ; William Schabas: Portrait of a Scholar/Activist Extraordinaire; Roger S. Clark; I. Human Rights; Chapter 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; M. Cherif Bassiouni; Chapter 2: William Schabas, the Canadian Charter of Rights and Freedoms and International Human Rights Law; Thomas A. Cromwell and Bruno Gelinas-Faucher; Chapter 3: The International Convention on the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty ; Emmanuel Decaux; Chapter 4: The Politics of Sectarianism and its Reflection in Questions of International Law & State Formation in The Middle East ; Kathleen Cavanaugh and Joshua Castellino; II. Capital Punishment; Chapter 5: International Law and the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change?; Sandra L. Babcock; Chapter 6: The UN Optional Protocol on the Abolition of the Death Penalty ; Marc Bossuyt; Chapter 7: The Right to Life and the Progressive Abolition of the Death Penalty; Christof Heyns and Thomas Probert and Tess Borden; Chapter 8: Progress and Trend of the Reform of the Death Penalty in China; Zhao Bingzhi; III. International Criminal Law ; Chapter 9: Criminal Law Philosophy in William Schabas' Scholarship; Margaret M. deGuzman; Chapter 10: Is the ICC Focusing too Much on Non-State Actors?; Frederic Megret; Chapter 11: The Principle of Legality at the Crossroads of Human Rights and International Criminal Law ; Shane Darcy; Chapter 12: Revisiting the Sources of Applicable Law Before the ICC; Alain Pellet; Chapter 13: The ICC as a Work in Progress, for a World in Process; Mireille Delmas-Marty; Chapter 14: Legacy in International Criminal Justice ; Carsten Stahn; Chapter 15: 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; IV. Genocide and Crimes Against Humanity; Chapter 16: Secrets and Surprises in the Travaux Preparatoires of the Genocide Convention; Hirad Abtahi and Philippa Webb; Chapter 17: Perspectives on Cultural Genocide: From Criminal Law to Cultural Diversity; Jeremie Gilbert; Chapter 18: Crimes Against Humanity: Repairing Title 18's Blind Spots ; Beth Van Schaack; Chapter 19: A New Global Treaty on Crimes Against Humanity: Future Prospects ; Leila Nadya Sadat; V. Transitional Justice and Atrocity Prevention ; Chapter 20: Justice Outside of Criminal Courtrooms and Jailhouses ; Mark A. Drumbl; Chapter 21: Toward Greater Synergy between Courts and Truth Commissions in Post-Conflict Contexts: Lessons from Sierra Leone ; Charles Chernor Jalloh; Chapter 22: International Criminal Tribunals and Cooperation with States: Serbia and the provision of evidence for the Slobodan Milosevic Trial at the ICTY ; Geoffrey Nice and Nevenka Tromp; Chapter 23: The Arc toward Justice and Peace; Mary Ellen O'Connell; Chapter 24: The Maintenance of International Peace and Security through Prevention of Atrocity Crimes: The Question of Co-operation between the UN and regional Arrangements; Adama Dieng; VI. Justice in Culture and Practice; Chapter 25: Law and Film: Curating Rights Cinema; Emma Sandon; Chapter 26: The Role of Advocates in Developing International Law; Wayne Jordash; Chapter 27: Bill the Blogger; Diane Marie Amann; Index