Neha Jain

  • Associate Professor of Law
  • McKnight Land-Grant Professor (2016-18)
  • National Law School of India University, B.A., LL.B.
  • Oxford University, B.C.L., D.Phil.

Office: 340
Mondale Hall, 229 19th Avenue South
Minneapolis, MN 55455

Professor Neha Jain is on leave serving as a Professor of Public International Law at the European University Institute in Italy until Fall 2022.


Professor Neha Jain is an associate professor of law and a McKnight Land-Grant Professor (2016-18) at the University of Minnesota Law School. She is currently on leave serving as a Professor of Public International Law and Co-Director of the Academy of European Law at the European University Institute in Italy. Jain’s scholarship focuses on public international law, criminal law, and comparative law. 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, Harvard International Law Journal, Virginia Journal of International Law, and European Journal of International Law. Her research has been selected for presentation at the peer-reviewed NYU/Nottingham/Melbourne Junior Faculty Forum for International Law, the Harvard/Stanford/Yale Junior Faculty Forum, and the ASCL/Princeton/Illinois/UCLA Annual Comparative Law Workshop. 

Jain has held visiting fellowships at the Stellenbosch Institute for Advanced Study; the Danish National Research Foundation’s Centre of Excellence for International Courts; the Max Planck Institute for Foreign and International Criminal Law in Freiburg; and the Lauterpacht Centre for International Law 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. Jain is a Board Member of the European Society of International Law and has served as a nominated member of the Asian Society of International Law’s Planning Committee and Co-Chair of the American Society of International Law’s Midwest Interest Group. She is Managing Editor of AJIL Unbound and an editorial board member of the Criminal Law Forum.

Jain 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 the Law School faculty, she was a law research fellow at Georgetown University Law Center (2010-12) and worked at the Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany (2008-10). 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.

For further information on Professor Jain, please see her PDF iconcurriculum vitae.

 

Publications

Books

  • Oxford Handbook on Comparative Human Rights Law (Oxford University Press, forthcoming) (co-editor) Mila Versteeg
  • International and Transnational Criminal Law (Wolters Kluwer, 3d ed., 2019) David J. Luban, Julie R. O’Sullivan & David P. Stewart
  • Perpetrators and Accessories in International Criminal Law: Individual Modes of Responsibility for Collective Crimes (Hart, 2014)

Journal Articles

  • A Tale of Two Cities: Reflections on Robinson’s Twinning of International Criminal Law and Criminal Law Theory, 35 Temple International & Comparative Law Journal 25 (2021) (Book Symposium)
    | SSRN
  • Pandemics as Rights-Generators, 114 American Journal of International Law 677 (2020)
  • Separate Judicial Speech, 61 Virginia Journal of International Law 1 (2020) Cosette Creamer
  • The Many Inequalities of International Law, 99 Boston University Law Review Online 1 (2019)
  • Radical Dissents in International Criminal Trials, 28 European Journal of International Law 1163 (2017)
  • Interpretive Divergence, 57 Virginia Journal of International Law 45 (2017)
    | SSRN
  • Judicial Lawmaking and General Principles of Law in International Criminal Law, 57 Harvard International Law Journal 111 (2016)
  • Comparative International Law at the ICTY: The General Principles Experiment, 109 American Journal of International Law 486 (2015)
  • Individual Responsibility for Mass Atrocity: In Search of a Concept of Perpetration, 61 American Journal of Comparative Law 831 (2013)
    | SSRN
  • The Control Theory of Perpetration in International Criminal Law, 12 Chicago Journal of International Law 159 (2011)
    | SSRN
  • 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)
    | SSRN
  • Developing a New Structural Framework for Parties to an International Crime: Toward a Capacious Concept of Principalship, 104 American Society of International Law Proceedings 261 (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)
    | SSRN
  • 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) Robert Petit & Stuart Ford
    | SSRN
  • Forced Marriage as a Crime against Humanity: Problems of Definition and Prosecution, 6 Journal of International Criminal Justice 1013 (2008)
  • Preserving the Rule of Law in the Age of the War on Terror: Lessons from the Experience of International Criminal Tribunals, 39 Studies in Transnational Legal Policy 67 (2008) Robert Petit
  • A Separate Law for Peacekeepers: The Clash between the Security Council and the International Criminal Court, 16 European Journal of International Law 239 (2005)
  • Supranational Federalism: A Study of the European Union, 14 Student Bar Review 43 (2002) (note)

Book Chapters

  • De-Gendering Schreibtischtäter: Women as Desk Perpetrators, in Desk Perpetrators (Jens Meierhenrich, ed., Cambridge University Press, forthcoming 2021)
  • Imputation of Responsibility: Intoxication as an Enquiry into the General Part of the Criminal Law, in Core Concepts in Criminal Law and Criminal Justice, vol. II (Kai Ambos et al., eds., Cambridge University Press, forthcoming 2021) Sabine Gless & Arlie Loughnan
  • Teachings of Publicists and the Reinvention of the Sources Doctrine in International Criminal Law, in The Oxford Handbook of International Criminal Law 106 (Kevin Jon Heller, Frédéric Mégret, Sarah M H Nouwen, Jens David Ohlin & Darryl Robinson, eds., Oxford University Press, 2020)
  • The Democratizing Force of International Law: Human Rights Adjudication by the Indian Supreme Court, in Comparative International Law 319 (Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier & Mila Versteeg, eds., Oxford University Press, 2018)
  • Autonomous Weapons Systems: New Frameworks for Individual Responsibility, in Autonomous Weapons Systems: Law, Ethics, Policy 303 (Nehal Bhuta et al., eds., Cambridge University Press, 2016)
  • The Joint Criminal Enterprise Doctrine at the Extraordinary Chambers in the Courts of Cambodia, in Trials for International Crimes in Asia 275 (Kirsten Sellars ed., Cambridge University Press, 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) Robert Petit

Book Reviews

  • Review Essay, 115 American Journal of International Law 183 (2021) (reviewing Mary Ellen O’Connell, The Art of Law in the International Community (Cambridge University Press, 2019))

Other Publications

  • An Introduction: International Law As Instrument, 113 American Society of International Law Proceedings 1 (2019) Rebecca Ingber & Rahim Moloo
  • The Khmer Rouge Tribunal Paves the Way for Additional Investigations, 13 (23) ASIL Insights (2009)

Contact Information

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Walter F. Mondale Hall | 229 19th Avenue South | Minneapolis, MN 55455

P: 612-625-5000

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