International Criminal Law: Cases and Commentary

by Cassese, Antonio A.; Acquaviva, Guido G.; Fan, Mary; Whiting, Alex A.

• ISBN13: 9780199576784
• ISBN10: 0199576785
• Edition: 1st
• Format: Paperback
• Copyright: 2011-05-26
• Publisher: Oxford University Press

Summary

International Criminal Law: Cases and Commentarypresents a concise and comprehensive explanation of the development of major areas in substantive international criminal law, through a selection of key illustrative cases from domestic and international jurisdictions. The focus is on the law related to individual criminal liability for war crimes, crimes against humanity, genocide and aggression, with specific attention paid to sources of international criminal law, fundamental principles of criminal responsibility and defences. Under the supervision of Antonio Cassese, the concisely-edited decisions presented in this casebook are accompanied by a short introduction setting out the circumstances of the case and a brief commentary on the importance of the decisions and principles illustrated, with cross-references to other relevant decisions on similar issues. At the end of each section, final remarks are added, together with thought-provoking questions and additional readings. International Criminal Law: Cases and Commentaryfocuses on the most relevant cases before international jurisdictions today and hard-to-find, domestic decisions that are highly relevant for the present and future development of international criminal justice. The volume is an important source for students and academics in the fields of public international law and international criminal law as well as a concise, interesting and instructive resource for practitioners, policy makers and staff of international organisations dealing with international justice.

Author Biography

Antonio Cassese, President, Special Tribunal for Lebanon, Leidschendam, The Netherlands

Guido Acquaviva, Chef de Cabinet, Special Tribunal for Lebanon, Leidschendam, The Netherlands

Mary Fan, Assistant Professor of Law, University of Washington School of Law, Washington DC, USA,

Alex Whiting, Assistant Clinical Professor of Law, Harvard Law School, Cambridge, Massachusetts, USA

Table of Contents

I: Sources and Principles of International Criminal Law
Introduction
1: Sources of International Criminal Law
2: The Fundamental Principles of International Criminal Law
II: Crimes
Introduction
1: War Crimes
2: Crimes against Humanity
3: Genocide
4: Aggression
5: Torture
6: Terrorism
7: Piracy
III: Forms of Responsibility
Introduction
1: Commission
2: Joint Criminal Enterprise
3: Co-perpetration
4: Planning
5: Ordering
6: Aiding and Abetting
7: Incitement to Commit Genocide
8: Superior Responsibility
IV: Circumstances Excluding Criminal Responsibility
Introduction
1: Justifications: self-defence
2: Excuses
V: Jurisdictional and Procedural Issues
Introduction
1: Primacy v. Complementarity
2: State Cooperation
3: Surrender and Arrests
4:Trial Procedures
Conclusions
I: Sources and Principles of International Criminal Law
1. Sources of International Criminal Law
Introduction
A. International Custom and the Value of Precedents
B. Treaties and Instruments Establishing International Tribunals
C. General Principles of Law
D. International Criminal Law and Human Rights
2. The Fundamental Principles of International Criminal Law
Introduction
A. Nullum Crimen Sine Lege
B. Statute of Limitations and Immunities
C. Non Bis in Idem
II: International Crimes
Introduction
3. War Crimes
4. Crimes against Humanity
5. Genocide
6. Aggression
III: Modes of Responsibility in International Criminal Law
Introduction
7. Commission
8. Joint Criminal Enterprise
9. Co-perpetratorship
10. Planning
11. Ordering
12. Aiding and Abetting
13. Incitement to Commit Genocide
14. Superior Responsibility
IV: Circumstances Excluding Criminal Responsibility
Introduction
15. Justifications (reprisals, self-defence)
16. Excuses (superior orders, duress, mistake of fact, mistake of law, necessity, tu quoque)
V: Jurisdictional and Procedural Issues
Introduction
17. Primacy v. Complementarity of International Criminal Tribunals
18. The Need for Cooperation of States and Other Entities
19. Extradition, Surrender and Transfer of Accused
Conclusions