Aspen Publishing

International and Transnational Criminal Law, Third Edition

David J. Luban, Julie R. O’Sullivan, David P. Stewart, Neha Jain


  • ISBN: 9781454896302

In stock.

  • Description

    This comprehensive and versatile book covers both international criminal law and the application of US criminal law transnationally. International and Transnational Criminal Law, Third Edition has chapters on each of the core crimes (aggression, genocide, crimes against humanity, war crimes), as well as separate chapters on the international tribunals from Nuremberg and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies.

    The book also covers US criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and US constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students with no prior background.

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  • Additional Product Details

    Publication Date: 9/14/2018
    Copyright: 2019
    Pages: 1271
    Hardcover: 9781454896302
    Ebook: 9781543803013

    Detailed Table of Contents (PDF Download)
    Preface to the Third Edition 
    Preface to the Second Edition
    Preface to the First Edition 

    Summary of Contents

    Preface to the Third Edition
    Preface to the Second Edition
    Preface to the First Edition

    Part I: Introduction 
    Chapter 1: The Idea of International and Transnational Criminal Law 
    Chapter 2: International Law Preliminaries 
    Chapter 3: International Criminal Tribunals: From Nuremberg to The Hague — and Beyond 
    Part II: Procedural Issues in Transnational Practice 
    Chapter 4: Comparative Criminal Procedure and Sentencing 
    Chapter 5: Jurisdiction 
    Chapter 6: Immunities 
    Chapter 7: U.S. Constitutional Rights in a Transnational Context 
    Chapter 8: Obtaining Evidence Abroad 
    Chapter 9: International Extradition and Its Alternatives 
    Part III: Transnational Crime 
    Chapter 10: Organized Crime 
    Chapter 11: Trafficking in Persons, Drugs, Arms and Antiquities 
    Chapter 12: Money Laundering 
    Chapter 13: Corruption 
    Chapter 14: Terrorism 
    Part IV: International Crime 
    Chapter 15: The International Criminal Court 
    Chapter 16: Modes of Participation and Mens Rea 
    Chapter 17: Defenses to International Criminal Prosecutions 
    Chapter 18: Crimes Against Humanity 
    Chapter 19: Genocide 
    Chapter 20: War Crimes and the Crime of Aggression 
    Chapter 21: Torture and Cruel, Inhuman, and Degrading Treatment or Punishment 
    Chapter 22: Sexual Violence
    Chapter 23: Alternatives to Prosecution After Atrocity: A Survey of Other Transitional Justice Mechanisms
    Table of Cases
    Table of Authorities
  • Author Information

    David Luban

    David Luban is University Professor in Law and Philosophy at Georgetown University Law Center. His books include Lawyers and Justice: An Ethical Study, Legal Modernism, Legal Ethics and Human Dignity, and most recently Torture, Power, and Law (Cambridge UP, 2014), which won the American Publishers’ Association PROSE Award in philosophy. Luban is a member of the American Academy of Arts and Sciences, and has been a Guggenheim Fellow, a Woodrow Wilson Fellow, and a Fellow of the Institute for Advanced Studies (Jerusalem). He is on the editorial boards of Ethics & International Affairs and Legal Ethics, and is a founding editor of the weblog Just Security. Luban has lectured widely, both in the U.S. and in eighteen other countries.

    Currently he is Distinguished Visitor in Ethics at the Stockdale Center for Ethical Leadership, U.S. Naval Academy. He has held visiting chairs at the Fordham, Harvard, Stanford, and Yale Law Schools, and also taught as a visiting professor at the University of Melbourne and the Interdisciplinary Center (Israel). His research centers on international criminal law, legal ethics, just war theory, national security, and legal theory. His particular interest is the erosion of moral responsibility in organizational settings. At the moment, he is writing a book on the legal and moral philosophy of Hannah Arendt.

    Neha Jain

    Neha Jain is an associate professor of law at the University of Minnesota Law School. She received her B.A., LL.B. (Hons.) from the National Law School of India University and her B.C.L. and D.Phil. in law from Oxford University, where she was a Rhodes Scholar and Jowett Senior Scholar at Balliol College. Prior to joining Minnesota, she was a law research fellow at Georgetown University Law Center and worked at the Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany. She has also served as a law clerk to former Chief Justice V.N. Khare of the Supreme Court of India and has interned with the Office of the Prosecutor at the Extraordinary Chambers in the Courts of Cambodia and with the Legal and Treaties Division of India’s Ministry of External Affairs. Jain has held visiting fellowships at the Stellenbosch Institute for Advanced Study, the Danish National Research Foundation’s Centre of Excellence for International Courts, and the Lauterpacht Centre for International Law at the University of Cambridge. She was an invited expert at the 2016 Convention on Certain Conventional Weapons Informal Meeting of Experts on Lethal Autonomous Weapons Systems at the United Nations in Geneva. In 2017, she served as a visiting professional in the Chambers Division of the International Criminal Court.

    Jain is the author of Perpetrators and Accessories in International Criminal Law (Hart 2014) and her work has appeared in numerous journals, including the American Journal of International Law, European Journal of International Law, and Harvard International Law Journal.

    (Photo courtesy of University of Minnesota)

    David P. Stewart

    David P. Stewart is Professor from Practice at Georgetown University Law Center. Professor Stewart joined the Georgetown Law faculty in 2008 following his retirement from the U.S. Department of State after 33 years of service, including as Assistant Legal Adviser for Law Enforcement and Intelligence. He also served as Assistant Legal Adviser for Private International Law, for Diplomatic Law and Litigation, for African Affairs, for Human Rights and Refugees, and for International Claims and Investment Disputes, as well as Special Assistant to the Legal Adviser. Before joining the government, he was in private practice with Donovan Leisure Newton & Irvine in commercial and antitrust litigation. He co-edited the multi-volume Digest of U.S. Practice in International Law for the years 1990-2003. He was an Adjunct Professor at Georgetown for over 25 years and received Georgetown’s Charles Fahy award for distinguished adjunct faculty teaching in 2003-2004.

    He is President of the American Branch of the International Law Association and was Co-Reporter working on the American Law Institute’s the Restatement (Fourth), Foreign Relations Law (2018). He is a member of the Board of Editors of the American Journal of International Law and the Secretary of State’s Advisory Committee on Private International Law and previously served on the Executive Council of the American Society of International Law, the Executive Council of the ABA's Section of International Law, and (from 2008-206) the Inter-American Juridical Committee, which advises the Organization of American States on juridical matters of an international nature and promotes the progressive development and the codification of international law.

    Julie R. O'Sullivan

    Julie O'Sullivan is a professor at the Georgetown University Law Center. After graduating from Cornell Law School summa cum laude, Professor O’Sullivan clerked for Chief Judge Levin Campbell of the United States Court of Appeals for the First Circuit and then for Justice Sandra Day O’Connor of the United States Supreme Court. She spent five years with Davis Polk & Wardwell in New York, where she worked on mergers and acquisitions litigation as well as white-collar criminal defense matters. Her experience at Davis Polk included work on U.S. v. REI, a lengthy and complex public corruption case, and the BCCI case, where she worked with Robert Fiske in the defense of First American Bank, Clark Clifford, and Robert Altman. In 1991, Professor O’Sullivan joined the Criminal Division of the United States Attorney’s Office for the Southern District of New York as an Assistant United States Attorney. There, she spent most of her time prosecuting major white-collar crimes. She and another AUSA successfully prosecuted the largest bank fraud case in the country at the time and the first to be brought under the financial kingpin statute. Professor O’Sullivan was then recruited by Robert Fiske, the newly appointed independent counsel for the Whitewater investigation, to join his staff in Little Rock, Arkansas, as associate counsel. She worked for Mr. Fiske, and briefly for Ken Starr, before commencing her teaching career at Georgetown in 1995. Also in 1995, on appointment by the Supreme Court, she successfully briefed and argued a case on behalf of an indigent petitioner in a case pending before that Court.

    Professor O’Sullivan has written many articles and the leading casebook on white-collar crime and is a recognized expert on both the federal sentencing guidelines and white collar criminal law. Professor O’Sullivan is increasingly interested in the subject of cross-border criminality and law enforcement. With Professors David Luban and David Stewart, she published a casebook on International and Transnational Criminal Law. She has taught international criminal law in London and Dublin as well as Georgetown. In 2010, she served as a visiting professional at, and then a consultant for, the Office of the Prosecutor of the International Criminal Court.

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