Human Rights and International Criminal Law

Borhan Uddin Khan, Ph.D., School of Oriental and African Studies (SOAS), University of London, is currently a Professor in the Department of Law, University of Dhaka and also an advisor and adjunct Professor in the Department of Law, Independent University, Bangladesh (IUB). His recently coedited book publication is: Revisiting the Geneva Conventions: 1949-2019 (Brill/Nijhoff, 2020). Md Jahid Hossain Bhuiyan, Ph.D., The University of Queensland, Australia, is currently a Humboldt research fellow at the Max Planck Institute for Comparative Public Law and International Law, Germany. He is the co-editor of Revisiting the Geneva Conventions: 1949-2019 (Brill/Nijhoff, 2020).

Foreword


Acronyms and Abbreviations


Notes on Editors


Notes on Contributors


 Complexities and Challenges in Reconciling International Human Rights with International Criminal Law: An Introduction  

Borhan Uddin Khan and Md Jahid Hossain Bhuiyan



part 1

Human Rights Approaches to Crimes

1 International Crimes and Human Rights

  Win-chiat Lee



2 Is International Criminal Justice in the Pursuit of Human Rights?

  Srinivas Burra



3 Militarised Approach to Human Rights An Epistemological Challenge

  Upendra D. Acharya



part 2

The Crimes

4 The Contested Definitions of ‘International Crimes’

  Muhammad Mahbubur Rahman and Borhan Uddin Khan



5 Human Trafficking International Criminal Law and Human Rights for Some but Not All

  Calli M. Cain and Dawn L. Rothe



6 Acts of International Terrorism Need of Incorporation into Rome Statute

  Anupam Jha



7 The Crime of Child Recruitment and State Responsibility Towards the Integral Protection of the Child

  Silvina Sánchez Mera



8 Comprehensive Prohibition of Torture Challenges and Loosening of a Taboo

  Bahzad Joarder



9 The Right to Truth in International Criminal Trials

  Md Jahid Hossain Bhuiyan



10 Governing Conflicts between International Humanitarian Law and International Criminal Law The Crime of Starvation in Non-international Armed Conflicts

  Matthias Vanhullebusch



part 3

Practice, Application, Implementation and Enforcement of International Criminal Law

11 Failed Notions and Lost Opportunities Revisiting India’s Standpoint on the International Criminal Court

  Sanoj Rajan



12 The Principle of Legality and Genocide in the International Crimes (Tribunals) Act 1973

  M Sanjeeb Hossain



13 Gross Violation of Human Rights and Crime against Humanity (In)adequacy of International Enforcement Mechanisms

  Md Nazrul Islam



14 Prosecution of Crimes against Humanity by the Bangladesh International Crimes Tribunal Lessons from National Experience for International Law Reform

  M Rafiqul Islam



15 Ethnic Cleansing, Human Rights and the Politics of Nationalism in Post-colonial Myanmar Is International Criminal Law Strong Enough to Save the Rohingya?

  Jobair Alam and Borhan Uddin Khan



16 Revisiting the Application of Rome Statute upon Non-party States Security Council Referral Discourse and the Way Forward

  Md Mostafa Hosain and Borhan Uddin Khan



17 Impediments to the Smooth Functioning of the icc Who Is Responsible?

  Nakib M. Nasrullah and Borhan Uddin Khan



Index