Fathi M. A. Ahmed Completes Arabic Translation of Crimes Against Humanity by Mahmoud Cherif Bassiouni

Cairo, 15 September 2015

Fathi M. A. Ahmed completed the Arabic translation of Crimes Against Humanity: Historical and Contemporary Application, a landmark work by the late Mahmoud Cherif Bassiouni, widely recognized as one of the foremost authorities in international criminal law. This translation project, published by Darun-Nahda Al-Arabiya in Cairo, Egypt, was not a simple linguistic exercise but a highly collaborative and meticulous process that spanned a full year. Throughout this period, Ahmed engaged in extensive discussions with Bassiouni to ensure that the nuances of complex legal terminology were accurately and effectively conveyed in Arabic.

The significance of translating a work of this magnitude goes beyond the mere transfer of words from one language to another. Crimes Against Humanity, published by Cambridge University Press,  is a comprehensive and foundational text in international law, deeply rooted in both legal theory and practical jurisprudence. Mahmoud Cherif Bassiouni’s writings, renowned for their scholarly depth and precision, present unique challenges for any translator. His work, particularly in the field of international criminal law, is deeply rooted in complex legal theories and frameworks. As such, a translator must possess more than just fluency in both languages. Translating Bassiouni’s work requires a deep understanding of international criminal law, its specific terminology, and the intricate ways in which legal concepts are articulated. This is especially true in the context of Bassiouni’s analysis of crimes against humanity, war crimes, and genocide, where even slight deviations in terminology could result in significant shifts in meaning. 

Ahmed’s role extended beyond the duties of a traditional translator. His collaboration with Bassiouni involved detailed discussions on how to render key legal terms in a way that would preserve their full meaning in Arabic, particularly for an audience not necessarily familiar with Western legal traditions. 

This careful attention to detail was necessary, as Crimes Against Humanity delves into some of the most complex issues in international criminal law. Bassiouni's work examines the historical emergence and evolution of crimes against humanity within international law, offering in-depth legal analysis while addressing broader issues related to human rights and justice. It also discusses the legal frameworks and precedents established by various international courts and tribunals, making it a text with significant implications for legal scholars, practitioners, and policymakers across the globe.

Mahmoud Cherif Bassiouni, often referred to as the "father of international criminal law," played a pivotal role in shaping the modern landscape of international justice. His instrumental contributions to the creation of the International Criminal Court (ICC) are among his most enduring legacies. Bassiouni's involvement in drafting the Rome Statute, the treaty that established the ICC, was a monumental achievement in the field of international law. The Rome Statute, adopted in 1998, laid the legal groundwork for a permanent international tribunal with the authority to prosecute the most heinous crimes: genocide, war crimes, crimes against humanity, and crimes of aggression. This was a major step forward in the global effort to combat impunity for the most egregious violations of human rights.

Bassiouni's influence on the Rome Statute was profound. As a key architect, he helped design the court’s jurisdiction and mandate, ensuring that it would be able to hold individuals accountable for crimes that often go unpunished in national jurisdictions. His legal acumen and tireless advocacy for international justice were critical in garnering the political and diplomatic support needed to bring the ICC into existence. The creation of the court was a culmination of decades of work in which Bassiouni had championed the establishment of an independent and permanent institution capable of addressing atrocities on a global scale.

Throughout his distinguished career, Bassiouni’s involvement in international law went far beyond the creation of the ICC. He was a leading figure in various United Nations commissions tasked with investigating war crimes and human rights abuses in some of the most conflict-ridden regions of the world. His work included investigating atrocities in places such as the former Yugoslavia, Afghanistan, and Bahrain, where he played a key role in documenting abuses and proposing legal frameworks for accountability. Bassiouni’s efforts helped ensure that perpetrators of war crimes and crimes against humanity were brought to justice, and his contributions to these investigations solidified his reputation as one of the most authoritative voices in the field.

Bassiouni’s impact on international justice is also reflected in his academic work. He authored more than 35 books and hundreds of articles on international criminal law, human rights, and international humanitarian law. His writings not only shaped the academic discourse but also influenced the development of legal standards and the implementation of international treaties. His scholarship, combined with his practical work in international commissions and courts, left an indelible mark on the field of international justice, ensuring that his contributions would continue to influence generations of legal practitioners and scholars.

The book Crimes Against Humanity: Historical and Contemporary Application has been widely regarded as one of Bassiouni’s most significant contributions to legal scholarship. As described by Kai Ambos, a leading scholar in international criminal law, Crimes Against Humanity in International Criminal Law provides a comprehensive legal and historical analysis of crimes against humanity, tracing their emergence in international law, their legal development, and their theoretical foundations. 

According to Ambos, Bassiouni’s work goes beyond the scope of crimes against humanity and addresses various related issues in international criminal law, provoking readers to engage with the broader state of the field. While Ambos notes that the structure of the book could benefit from greater consistency between chapters, he emphasizes that this critique is one of form rather than substance, and the work remains a "classic opus" in the discipline. 

Ambos highlights that Bassiouni's analysis extends beyond merely cataloging these crimes; it engages with a range of related issues within international criminal law, encouraging readers to critically reflect on the broader landscape of the field. This holistic approach not only enhances the understanding of crimes against humanity but also invites discussions on related themes such as justice, accountability, and the mechanisms through which international law addresses atrocities.

While Ambos does provide a constructive critique of the book, noting that the structure could benefit from greater consistency between chapters, he emphasizes that this critique pertains to form rather than the substance of the arguments presented. He maintains that the content of Bassiouni's work remains profoundly impactful, affirming its status as a "classic opus" in the discipline. This recognition underscores the enduring relevance of Bassiouni's insights, as they continue to influence scholars, practitioners, and policymakers engaged in the pursuit of justice and the prevention of future atrocities. The book's comprehensive nature ensures that it serves as a critical resource for those seeking to understand the complexities of international criminal law and the ongoing challenges in addressing crimes against humanity.

Fathi M. A. Ahmed’s translation meticulously preserved the richness and depth of the original, ensuring that Bassiouni’s legal insights were accurately rendered in Arabic. 

To ensure the quality of the translation, it was reviewed by Prof. Khaled Serry Siam of Ain Shams University, a respected expert in international law. In his introduction to the Arabic edition, Bassiouni praised Ahmed’s work for its accuracy in conveying complex legal concepts, while also acknowledging Siam’s invaluable contribution in reviewing the text. It was an excellent opportunity for Ahmed to learn from Serri's expertise in this field. 

The Arabic translation of Crimes Against Humanity brings Bassiouni’s profound analysis to a wider audience in the Arab world, offering an important resource for legal scholars and practitioners engaged with the field of international criminal law. Through this work, Ahmed has made a significant contribution to the accessibility of this critical legal scholarship in the region.