Professor Michael Bohlander, A. jur. Dr. jur. Richter am Landgericht a.D. FRSA
(email at email@example.com)
From 1991 until joining the Law School in 2004, Michael had been a civil and criminal trial and appellate judge in the courts of the East German Free State of Thuringia, in the transitional stage after German unification. He sat on proceedings dealing with regime crime in the former GDR, includig cases involving the use of minefields at the former inner-German border, the cassation of politically motivated judgments of former GDR courts and the rehabilitation of persons who had been convicted for political reasons; his general criminal docket covered serious crime such as, for example, murder, rape, child sexual abuse and armed robbery, both in the juvenile and adult courts.
From October 1989 to April 1990, he served a pupillage with Geoffrey Mercer QC at what is now Walnut House Chambers in Exeter, mainly in criminal cases. In 1996, he was a judicial visitor at a Juzgado de Primera Instancia e Instrucción in Spain. From 1999 until 2001 he served as the Senior Legal Officer of a Trial Chamber of the International Criminal Tribunal for the Former Yugoslavia in the Hague, where he was among other proceedings involved in the Kupreškić et al. trial related to the Ahmići massacre in the Lašva Valley, in the Kunarac et al. case on the so-called "Rape Camps" in the town of Foča, and in the confirmation of the first indictment against Slobodan Milošević.
He helped train the judges of the Iraqi High Tribunal which tried Saddam Hussein and has been active in judicial training and advising governments on law reform in transitional contexts since 2001, at the request of the International Bar Association, the OSCE, the United Nations, for the EU and for the German Foundation for International Legal Cooperation. He is a member of the Genocide Task Force of the High Representative of the Kurdistan Autonomous Region to the United Kingdom.
His publications on civil and criminal law have been widely cited by and before courts of several domestic and international jurisdictions, including the Constitutional Courts of Germany and Colombia, the Federal Court of Justice and several State Supreme Courts in Germany, the Court of Criminal Appeals of Texas, the International Criminal Court and the tribunals for Yugoslavia, Sierra Leone and Cambodia. His critical work on the recruitment to the international criminal judiciary was referred to extensively in the 2011 background paper to the International Bar Association's Resolution of 31 October 2011 on judicial appointments to international courts and tribunals.
He has been invited to speak at numerous conferences, seminars and training events at home and abroad, including in Armenia, Canada, Croatia, Egypt, Georgia, Germany, Iraq/Kurdistan, Italy, Japan, Kazakhstan, Kosovo, Kuwait, Lebanon, the Netherlands, Spain, Sweden, Turkey, the United Arab Emirates, the United States (including the Military Academy at West Point), Tanzania (at the International Criminal Tribunal for Rwanda in Arusha) and Tunisia.
Professor Bohlander's main research interests lie in international and comparative criminal law, including their linguistic and cultural aspects, and Islamic law. The German Federal Ministry of Justice lists his English translations of the German Criminal Code and of the Act on International Cooperation in Criminal Matters on its official website. The translation of the German Criminal Code was translated into Farsi and published in Iran in 2010, followed by the translation of his monograph "Principles of German Criminal Law" in 2011. Other publications have been translated into Spanish and Turkish.
Professor Bohlander is the founding editor-in chief of the International Criminal Law Review, the general editor of Studies in International and Comparative Criminal Law with Hart Publishing and a member of the editorial board of the Journal of Criminal Law. Together with Professor Alan Reed he edits the series Substantive Issues in Criminal Law with Ashgate.
From 2010 - 2014, Professor Bohlander was the Visiting Chair in Criminal Law at the Rijksuniversiteit Groningen in the Netherlands. In 2012, he was the first non-Muslim visiting scholar ever to teach at the Faculty of Law of Al-Azhar University in Cairo, when he was also received by the Grand Imam of al-Azhar in a private audience. In 2015 he was appointed an external assessor for professorial promotions by the University of Malaya.
Michael holds two State Examinations in Law from the Ministry of Justice of the Saarland (1986 and 1990); in 1992 he obtained the degree of Dr. iur. from the Faculty of Law of the University of the Saarland, where under the supervision of Prof. Dr. Dr.h.c. Heike Jung he studied how duty solicitor schemes in England/Wales and Scotland could inform the practice of access to counsel in the police investigation stage in German criminal procedure.
International Criminal Law
Criminal Law of England and Wales
Professor Bohlander welcomes requests for postgraduate research supervision in his areas of research interest.
- Conversation between secular legal systems and Islamic law
- German criminal law and procedure
- International criminal justice - Theory, practice, political and socio-legal implications
- Comparative criminal law and procedure
- Transitional justice and rule of law
- The Judiciary and legal profession - Comparative, international and socio-legal aspects
- 2013: 5,221 € from Rijksuniversiteit Groningen for a comparative survey in the NL and the UK on public and parliamentarian attitudes to substantive criminal law principles
- 2012: £ 21,996 from the Volkswagen Foundation for the translation of Thomas Vormbaum, Einführung in die moderne Strafrechtsgeschichte
- 2011: £ 37,000 from Mr Tawfiq al-Refaie to teach Islamic Law on the LLM plus related Islamic law library holdings
- 2010: € 20,000 from Groningen Centre for Law and Govenance, Rijksuniversiteit Groningen, for research on substantive criminal law
- 1997: DEM 14,000 (€ 7,000) by Volkswagen Foundation to conduct research on contempt of court at Northwestern Law School, Chicago
- Triffterer, Otto & Bohlander, Michael (2015). Article 1 - The Court. In Commentary on the Rome Statute of the International Criminal Court. Triffterer, Otto & Ambos, Kai C H Beck/Hart/Nomos.
- Bohlander, Michael (2015). Article 36 - Qualifications, nomination and election of judges. In Commentary on the Rome Statute of the International Criminal Court: Observers' Notes, Article by Article. Triffterer, Otto & Ambos, Kai C H Beck/Hart/Nomos.
Edited works: contributions
- Bohlander, Michael (2015). From Marx to Majewski: A review of the law on voluntary intoxication in the former German Democratic Republic. In Mental Condition Defences and the Criminal Justice System: Perspectives from Law and Medicine. Livings, Ben, Reed, Alan & Wake, Nicola Cambridge Scholars Publishing. 275-294.
Journal papers: academic
- Bohlander, Michael (2015). Of Higher Intentions and Lower Expectations – A report about a failed survey project on using maqāṣid al-shari‛ah as a means of comparative governance research. European Journal of Comparative Law and Governance
- Bohlander, Michael (2015). Paradise Postponed? – For a judge-led generic model of international criminal procedure and an end to “draft-as-you-go”. Netherlands Yearbook of International Law 45.