Book review: Comparative Concepts of Criminal Law
| Published date | 01 March 2017 |
| DOI | 10.1177/2032284417699296 |
| Date | 01 March 2017 |
| Subject Matter | Book reviews |
defined in the Convention on the Rights of the Child (CRC), relates to the ICC. Since the ICC is not
part of the CRC, the author could have analysed more in depth the status of the ‘principle of best
interests’ (p. 21) within the sources of international law (i.e. whether, for instance, it constituted
customary international law and/or general principle of law). Conversely, the author dismisses this
view in affirming that ‘customary international law is generally not the most suitable source’ (p.
20). In doing so, Beckmann-Hemzei does not take into account the increasing number of scholars
who argue that customary law and general principles of law are binding for international organi-
zations with international legal personality, such as the ICC. Despite this omission, the book is able
to explain why human rights law is relevant for the ICC proceedings, through the application of
Article 21(3) of the Rome Statute, which states that ‘the application and the interpretation of law
pursuant to this article must be consistent with internationally recognized human rights’.
The book is well-written, with a clear style. The author uses easily comprehensible language,
making it intelligible for less skilled readers. Concepts are clearly defined. For instance, the author
dwells on the concepts of child and childhood, best interest and child-sensitive procedure in the
introductory chapter. However, the book’s quality would have been further enhanced by shortening
some of the very long sections. For instance, ‘protection of the child witness’ covers nine pages
(pp. 44–52). Similarly, ‘Trustworthiness of the child witness’ is discussed in 10 pages (pp. 53–62).
The extensive length of those sections may damage the quality of the book because it affects the
clarity of the arguments.
Despite this, Beckmann-Hemzei’s book is a remarkable contribution to the study on children’s
rights and international criminal law because it contains an extensive array of examples taken from
the practice of most of the important international criminal tribunals and courts. Furthermore, this
book provides a list of recommendations based on the findings made in the various chapters of the
book. Finally, the author provides interesting food for thought for future research in relation to
child participation in ICC proceedings.
Comparative Concepts of Criminal Law, Johannes Keiler and David Roef (eds.) (2nd Ed., Cambridge, Antwerp,
Portland: Intersentia, 2016), ISBN 9781780683645, xvi, 306 pp., €85.00 (paperback), €35.00 (student price)
Reviewed by: Victor Yurkov, Max Planck Foundation for International Peace and the Rule of Law, Germany
DOI: 10.1177/2032284417699296
Criminal law is developed and applied within a very dynamic context. Societal change and
technological advancement constantly necessitate the restatement of criminal provisions and
impact on case law and can even culminate in the development of supranational law. There are
ongoing discussions, in Europe and throughout the world, about issues relating to the approxima-
tion, harmonization and unification of penal law provisions across international borders. Against
this backdrop, a comparative analysis of criminal law is a very beneficial tool, not only for legal
education and science but also for law-making, judicial practice and development cooperation.
Since only a few comparable pieces of literature have been published to date, the handbook under
review comes at just the right time.
The book sets out to identify and explain fundamental concepts and rules that determine the
scope of criminal liability. This edited volume contains an introduction and 10 chapters: ‘Theories
78 New Journal of European Criminal Law 8(1)
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