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 YI, Dahl, Sousa, ZHANG, XIAO, Hunter, Galand, Estrada-Tanck, Piqué
and Bergsmo: new TOAEP publications now available.


Dear colleague,

We are pleased to announce six new publications, in five languages, now freely available from the Torkel Opsahl Academic EPublisher. A ground-breaking study of just war thought in Japan prior to World War II by Professor YI Ping (Peking University) is published both distilled in the English language policy brief “The Contemporary Relevancy of the ‘Just War’ Concept in the Early Years of International Legal Studies in Japan” and in full as a Japanese monograph. “Their theories are flawed and prone to misuse in the game of power politics”, Professor YI observes, but the “late 19th and early 20th centuries are a turning point in history too complicated to condense into a clash between peace and war, or good and evil, or ideals and reality”. Even today, “when the principle of ‘prohibition of the use of force’ has obtained an unshakable position in international law”, she concludes, “[i]mportant lessons can be extracted from the ways the theories of early Japanese international lawyers were misused in practice”.

In their policy brief, the Chinese researchers ZHANG Xin and XIAO Jingren (both Peking University) challenge the ICC Office of the Prosecutor’s preliminary examination practice and ask why, realistically, the Chinese Government should accept the political risks which this practice currently entails by becoming an ICC State Party before the Court has proven itself. Arne Willy Dahl (Norwegian Judge Advocate General), Richard Sousa (Hoover Institution) and Morten Bergsmo (Peking University Law School) analyse in their policy brief (in Arabic, English, French and Spanish) the self-interest of armed forces in accountability for core international crimes, and how the extent of military participation in such criminal justice can affect its credibility in the eyes of armed forces. Emilie Hunter and Alexandre Skander Galand (both European University Institute) discuss in an Arabic and English policy brief how criminal justice for atrocity can be supported in North Africa and the Middle East following the so-called Arab Spring. Finally, Emilie Hunter, Dr. Dorothy Estrada-Tanck and María Luisa Piqué (Prosecutor, Buenos Aires) analyse in an English and Spanish policy brief how Latin American approaches to impunity can be connected with positive complementarity by using technology driven resources.

YI Ping:
The Contemporary Relevancy of the ‘Just War’ Concept in the Early Years of International Legal Studies in Japan
FICHL Policy Brief Series No. 12 (2013)
Torkel Opsahl Academic EPublisher
Beijing, 2013
ISBN 978-82-93081-72-2
 
YI Ping:
戦争と平和の間――発足期日本国際法学における「正しい戦争」の観念とその帰結
Torkel Opsahl Academic EPublisher
Beijing, 2013
ISBN 978-82-93081-66-1
277 pp.
 
XIAO Jingren and ZHANG Xin:
A Realist Perspective on China and the International Criminal Court
FICHL Policy Brief Series No. 13 (2013)
Torkel Opsahl Academic EPublisher
Beijing, 2013
ISBN 978-82-93081-73-9
 
Morten Bergsmo, Arne Willy Dahl and Richard Sousa:
Military Self-Interest in Accountability for Core International Crimes
FICHL Policy Brief Series No. 14 (2013)
Torkel Opsahl Academic EPublisher
Stanford, 2013
ISBN 978-82-93081-74-6 (English), 978-82-93081-75-3 (Arabic), 978-82-93081-76-0 (French), and 978-82-93081-77-7 (Spanish).
 
Emilie Hunter and Alexandre Skander Galand:
‘Arab Spring’ to Accountability: Supporting Criminal Justice for Atrocity in North Africa and the Middle East
FICHL Policy Brief Series No. 15 (2013)
Torkel Opsahl Academic EPublisher
Florence, 2013
ISBN 978-82-93081-68-5 (English) and 978-82-93081-69-2 (Arabic).
 
Emilie Hunter, Dorothy Estrada-Tanck and María Luisa Piqué:
‘Nunca Más’: Connecting Latin American Approaches to Impunity with Positive Complementarity Using Technology Driven Resources
FICHL Policy Brief Series No. 16 (2013)
Torkel Opsahl Academic EPublisher
Florence, 2013
ISBN 978-82-93081-70-8 (English) and 978-82-93081-71-5 (Spanish).
 
We note with satisfaction that the ICC Legal Tools Database has now launched a new tool with the most relevant parts of the United Nations War Crimes Commission’s unrestricted archive. This adds more than 2,000 documents to the open access study of the historical origins of international criminal law ahead of the FICHL’s seminars on the topic in 2014.
 
Kind regards,

Neela Badami
Member, TOAEP Editorial Board
Senior Associate, Samvad Partners 
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