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Neha Jain

Associate Professor of Law; Lampert-Fesler Research Fellow

Neha Jain

428 Mondale Hall
229–19th Ave. South
Minneapolis, MN 55455




National Law School of India University, B.A., LL.B.
Oxford University, B.C.L., D.Phil.

Associate Professor Neha Jain joined the Law School in the summer of 2012 from Georgetown University Law Center, where she was a law research fellow since 2010. Her scholarship focuses on public international law, criminal law, legal theory, and comparative law. Previously, she worked at the Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany (2008-10), and she is a member of its comparative criminal law project.

Professor Jain received her B.A., LL.B. (hons.) from the National Law School of India University, graduating at the top of her class. She completed 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. While at Oxford, she was a tutor in constitutional law and editor-in-chief of the Oxford University Commonwealth Law Journal.

Professor Jain 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.





  • Perpetrators and Accessories in International Criminal Law: Individual Modes of Responsibility for Collective Crimes (Hart, 2014)

Book Chapters

  • The Democratizing Force of International Law: Human Rights Adjudication by the Indian Supreme Court, in Comparative International Law (Anthea Roberts, Paul Stephan, Pierre Verdier & Mila Versteeg eds., Oxford University Press, forthcoming 2016)

  • Autonomous Weapons Systems: New Frameworks for Individual Responsibility, in Autonomous Weapons Systems - Law, Ethics, Policy (Nehal Bhuta et al., eds., Cambridge University Press, forthcoming 2015)

  • The Joint Criminal Enterprise Doctrine at the Cambodian Trials, in Trials for International Crimes in Asia (Kirsten Sellars ed., Cambridge University Press, forthcoming 2015)

  • Going Beyond Prosecutorial Discretion: Institutional Factors Influencing Thematic Prosecution, in Thematic Prosecution of International Sex Crimes 207 (Morten Bergsmo, ed., Torkel Opsahl Academic EPublisher, 2012)

  • Preserving the Rule of Law in the Age of Terror, in Proceedings of the First International Humanitarian Law Dialogs: August 29, 2007 at the Chautauqua Institution 67 (Elizabeth Andersen & David M. Crane, eds., American Society of International Law, 2008) (Studies in Transnational Legal Policy; no. 39) (with Robert Petit)

Journal Articles

  • Comparative International Law at the ICTY: The General Principles Experiment, 109 American Journal of International Law (forthcoming 2015)

  • Judicial Law-Making and General Principles of Law, Harvard International Law Journal (forthcoming 2015)

  • Individual Responsibility for Mass Atrocity: In Search of a Concept of Perpetration, 61 American Journal of Comparative Law 831 (2013)

  • The Control Theory of Perpetration in International Criminal Law, 12 Chicago Journal of International Law 159 (2011)

  • Between the Scylla and Charybdis of Prosecution and Reconciliation: The Khmer Rouge Trials and the Promise of International Criminal Justice, 20 Duke Journal of Comparative & International Law 247 (2010)

  • Introductory Note to Extraordinary Chambers in the Courts of Cambodia: Co-Prosecutors' Notice of Appeal against the Judgement of the Trial Chamber in the Case of Kaing Guek Eav alias Duch, 49 International Legal Materials 1683 (2010)

  • Conceptualising Internationalisation in Hybrid Criminal Courts, 12 Singapore Year Book of International Law 81 (2008)

  • Exploring Critical Issues in Religious Genocide: Case Studies of Violence in Tibet, Iraq and Gujarat, 40 Case Western Reserve Journal of International Law 163 (2008) (with Robert Petit & Stuart Ford)

  • Forced Marriage as a Crime against Humanity: Problems of Definition and Prosecution, 6 Journal of International Criminal Justice 1013 (2008)

  • A Separate Law for Peacekeepers: The Clash between the Security Council and the International Criminal Court, 16 European Journal of International Law 239 (2005)

Other Publications

  • The Khmer Rouge Tribunal Paves the Way for Additional Investigations, 13 (23) ASIL Insights (2009)