by Margaret M. deGuzman & Diane Marie Amann

ISBN: 9780190272654

ICLA contribution: Chapter on ‘The right to life and the progressive abolition of the death penalty’ by Christof Heyns, Thomas Probert with Tess Borden

About the publication

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.

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Table of Contents

Foreword by Diane Marie Amann and Margaret M. deGuzman
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 Gélinas-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?
Frédéric Mégret
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 Préparatoires of the Genocide Convention
Hirad Abtahi and Philippa Webb
Chapter 17: Perspectives on Cultural Genocide: From Criminal Law to Cultural Diversity
Jérémie 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