Blackstone's International Criminal Practice

by Jones QC, John R.W.D.; Zgonec-Rožej, Miša

• ISBN13: 9780198749332
• ISBN10: 0198749333
• Format: Hardcover
• Copyright: 2028-06-30
• Publisher: Oxford University Press
• More Book Details
• Purchase Benefits

Summary

Blackstone's International Criminal Practice is the definitive guide to the practice of the international criminal courts, tribunals and relevant domestic practice. This one volume, readily accessible guide provides practitioners with everything they need to ensure their case goes smoothly in the tribunal or court.

This book contains comprehensive analysis of the practice, procedure, and substantive application of international criminal law. It covers the practice of all major international and internationalized criminal courts with primary focus on the International Criminal Court but also includes coverage of war crimes tribunals established for the former Yugoslavia and Rwanda, Lebanon, Sierra Leone, Cambodia, and for other conflict zones. The text analyses relevant jurisprudence and key practice before the domestic courts including the development of the principle of universal jurisdiction and related sections on extradition and mutual legal assistance.

A team of expert authors and editors provide in-depth commentary on the establishment and organization of the international and internationalized criminal courts and related jurisdictional issues. The book also provides analysis of the substantive crimes under international criminal law and the various forms of criminal liability and available defenses. It comprehensively sets out the procedural and evidentiary rules applicable in international criminal proceedings with a focus on the current application of these rules. This book also includes detailed analysis of the various rights of the accused; the protection, and participation, of victims and witnesses and the role of states in providing international co-operation and judicial assistance.

With expert analysis of the substantive, as well as the procedural and evidential aspects of international criminal proceedings, this book will sit alongside Blackstone's Criminal Practice as an indispensable resource for criminal practitioners.

Author Biography

John R.W.D. Jones QC, Barrister, Doughty Street Chambers,Mi%sa Zgonec-Rožej, Associate Fellow, Chatham House, International Law Programme, Chatham House

John Jones QC is a barrister who has worked in international criminal law since 1995. He has represented accused/suspects before the International Criminal Tribunal for the former Yugoslavia (ICTY) (counsel in five cases), the International Criminal Court (Saif Gaddafi), the Special Court for Sierra Leone (SCSL) (Charles Taylor), the Cambodia Tribunal (ECCC) and the Special Tribunal for Lebanon. He has also worked for the Chambers and Registry of the ICTY and the International Criminal Tribunal for Rwanda (1995-1999). He was the first acting Principal Defender of the SCSL in 2003. In addition to international criminal law, John specialises in extradition, UN and EU sanctions and Interpol red notices. John is admitted to the Bars of England and Wales, Washington D.C. and Cambodia, and has been admitted to the bars of Gibraltar, Kigali and Kosovo for individual cases.


Dr. Mi%sa Zgonec-Rožej is currently an associate fellow in international law at Chatham House. She was formerly a legal advisor in the international justice team at Amnesty International, in the International Secretariat in London, legal officer in the Chambers of the International Criminal Tribunal for the former Yugoslavia, legal assistant to the former President of the International Court of Justice, Judge Shi, and the former Vice-President of the Court, Judge Al-Khasawneh, a lecturer at the Faculty of Law, University of Ljubljana in Slovenia and a teaching fellow at the School of Oriental and African Studies, University of London. She holds a PhD from the Faculty of Law, University of Ljubljana and an LL.M. from Columbia University School of Law, New York. She is also the author of several manuals on international criminal law and human rights. She regularly acts as a trainer and consultant on international law and human rights issues.

Table of Contents

PART A: SUBSTANTIVE LAW ON INTERNATIONAL CRIMES
A1. Genocide
A2. Crimes against humanity and requirement organisational policy
A3. War crimes
A4. The crime of aggression
A5. Torture
A6. Terrorism
A7. Piracy
A8. Slavery
A9. Apartheid
A10. Extrajudicial killings
A11. Enforced disappearances
A12. Crimes of sexual violence
PART B: FORMS OF INDIVIDUAL CRIMINAL RESPONSIBILITY
B1. Introduction
B2. Inchoate crimes
B3. Direct and indirect perpetration/commission/committing
B4. Co-perpetration (Article 25(3)(a) of the ICC Statute)/joint commission
B5. Common purpose liability: joint criminal enterprise
B6. Common purpose liability: liability under Article 25(3)(d) of the ICC Statute
B7. Planning
B8. Instigating, ordering, soliciting, inducing
B9. Aiding and abetting or otherwise assisting
B10. Superior responsibility
B11. The resolution of concurrent responsibilities: cumulative charges, cumulative convictions
PART C: GROUNDS FOR EXCLUDING CRIMINAL RESPONSIBILITY
C1. Introduction
C2. Amnesties, minority, non-applicability of status of limitations
C3. Immunities/irrelevance of official capacity
C4. Alibi, mistake of fact or mistake of law, consent
C5. Defences: mental disease or defect, intoxication, necessity, duress, superior orders
C6. Defences: self-defence, defence of others
C7. Non-statutory defences: belligerent reprisal, tu quoque, military necessity
PART D: INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS
D1. Early attempts, Nuremberg, Tokyo
D2. ICTY
D3. ICTR
D4. MICT
D5. The ICC
D6. Mixed or Internationalised Criminal Courts of Tribunals: SCSL
D7. Mixed or Internationalised Criminal Courts of Tribunals: ECCC
D8. Mixed or Internationalised Criminal Courts of Tribunals: STL
D9. East Timor: The Serious Crimes Panels
PART E: INTERNATIONAL CRIMINAL PROCEEDINGS
E1. Introduction
E2. General principle of criminal law
E3. Rights of the accused
E4. Admissibility/jurisdiction
E5. Law/rules of evidence
E6. Evidence in cases of sexual assault
E7. Production of evidence/disclosure
E8. Investigation
E9. Pre-trial
E10. Trial phase: conduct of trial proceedings, structure of the trial (opening statements, order of presentation of evidence, closing argument)
E11. Trial phase: structure of uncontested trial, judicial powers during trial proceedings (fact finding, control over the sequence of case presentation)
E12. Trial phase: judgment of acquittal at the end of the Prosecution case, deliberations and judgement, Trial Chamber s general duty to ensure the integrity of the proceedings
E13. Trial phase: sanctions for misconduct before the Court/control of proceedings (Rule 80 ICTY)
E14. Trial phase: power to change the legal characterisation of facts (Rule 55 of the Rome Statute)
E15. Trial phase: judges excusal/disqualifications
E16. Sentencing
E17. Appeal
E18. Admission of additional evidence on appeal
E19. Interlocutory appeals
E20. Review/revision/reconsideration
E21. Compensation to an arrested or convicted person
E22. Amicus curiae
E23. Defence issues
PART F: VICTIMS AND WITNESSES
F1. Definition of victims, the status of victims
F2. Protection of victims and witnesses
F3. Participation of victims in the proceedings
F4. Reparations to victims, general assistance to victims
PART G: INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE
G1. Cooperation with the ICTY
G2. Cooperation with the ICTR
G3. Cooperation with the MICT
G4. Cooperation with the mixed tribunals: SCSL
G5. Cooperation with the mixed tribunals: ECCC
G6. Cooperation with the mixed tribunals: STL
G7. Cooperation with the ICC
PART H: OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
H1. Punishable acts
H2. Procedural aspects
PART I: INTERNATIONAL CRIMES IN DOMESTIC COURTS/PROSECUTION
I1. Mandate and jurisdiction
I2. Practice before domestic courts
I3. Limits to national prosecutions: amnesty, pardon, statutes of limitations
I4. Limits to national prosecutions: immunities
I5. Aut dedere aut judicare
I6. Victims of international crimes in domestic proceedings
I7. State cooperation with respect to national proceedings