International Criminal Law

ISBN-10: 0735565538
ISBN-13: 9780735565531
Edition: 2008 (Student Manual, Study Guide, etc.)
List price: $29.00
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Book details

List price: $29.00
Copyright year: 2008
Publisher: Wolters Kluwer Law & Business
Publication date: 11/19/2008
Binding: Paperback
Pages: 354
Size: 5.00" wide x 8.50" long x 1.00" tall
Weight: 0.880
Language: English

Acknowledgments
Preface
The Discipline of International Criminal Law
What Is International Criminal Law?
A Concise History of International Criminal Law
Introduction: The Genesis Story
Substantive Law Antecedents to Modern ICL
Just War: Jus Ad Bellum
Penal Antecedents: Piracy and Slavery
International Humanitarian Law
Efforts to Enforce International Criminal Law
Pre-World War I: Antecedents
World War I: A False Start
The Interwar Period: Efforts to Avert Another World War
World War II: A Return to First Principles
Post-World War II: The Cold War Freeze
Post-Cold War Period: A Renaissance
Sovereignty, Jurisdiction, and Power
Creatures of Consent
The International Criminal Court
Preconditions for the Exercise of Jurisdiction
Trigger Mechanisms
Admissibility
Consensual Hybrid Tribunals
Creatures of Coercion
Nuremberg and Tokyo
The Ad Hoc International Tribunals
Imposed Hybrid Tribunals
Domestic Legal Systems
Civilian Courts
Domestic Military Courts
Extradition, Transfer, Rendition, and Abduction
Conclusion
The Making of International Criminal Law
Treaties
Customary International Law
General Principles of Law
Judicial Decisions
The Works of Scholars
"Soft Law"
Conclusion
The Internationalization of Crimes
The Jurisdictional Approach
The Inter-National Approach
The Identity Approach
The Policy Approach
The Nexus to Armed Conflict Approach
The Global Stability Approach
The Dignity Approach
The Mens Rea Approach
Conclusion
The Principle of Legality in International Criminal Law
NCSL in International Criminal Law
Responses to NCSL Defenses
The Applicability of Nullum Crimen Sine Lege in International Criminal Law
Acts as Malum in Se
Illegality = Criminality
Notice Anywhere Is Notice Everywhere
The Object and Purpose of ICL
Conclusion
Intersections
The Legal Regulation of Armed Conflict
Jus Ad Bellum
The Original Crime of Aggression
The Modern Crime of Aggression
Defining the Crime of Aggression
Preconditions for the Exercise of Jurisdiction
Including the Crime of Aggression in the ICC Statute
Jus In Bello
Triggering International Humanitarian Law
Conflict Classification
Choice of Law Implications of Conflict Classification
Nexus to Armed Conflict
Protected Persons
Means and Methods of Warfare
War Crimes Before the International Criminal Court
The Crimes of Terrorism
Terrorism Under International Law
Terrorism Within the ICC Statute
The Interface Between Terrorism and War
Violent Acts Committed Within International Armed Conflicts
Violent Acts Committed Outside of Armed Conflict
The Initiation of an International Armed Conflict
Violent Acts Committed Within Noninternational Armed Conflicts
The Initiation of a Noninternational Armed Conflict
The Penal Consequences of Violent Acts Committed Within Noninternational Armed Conflicts
Prosecuting Acts of Terrorism Before the ICC
Genocide and Crimes Against Humanity
Crimes Against Humanity
Genocide
The Elements of the Two Crimes
The Chapeau Elements
Mens Rea and the Challenge of Specific Intent
Protected Groups
Crimes Against Humanity and Armed Conflict
Policy or Plan
Enumerated Acts
Persecution
Extermination
Conclusion: Convergence or Distinction?
Immunities, Amnesties, and Excuses
Immunities
Functional and Personal Immunities
Combatant Immunity
Immunity Before the ICC
Immunity and Customary International Law
Amnesties
Amnesties Before the Special Court for Sierra Leone
Amnesties and the ICC Statute
Interests of Justice
Complementarity
Security Council Deferral
Ne Bis In Idem
Excuses and Justifications
Conclusion
Forms of Individual Responsibility
Superior Responsibility
History of the Doctrine
Superior Responsibility in Treaty Law
Elements of the Contemporary Doctrine
Subordination
Mens Rea
Actus Reus (Omission)
Complicity and Joint Criminal Enterprise
Complicity
Joint Criminal Enterprise
International Criminal Law and Its Alternatives: Truth, Justice, Reconciliation, and Memory
The Objectives of International Criminal Law
Retribution
Deterrence
Rehabilitation
Peace and Reconciliation
The Critiques of International Criminal Justice
Victor's Justice
Prevention in Lieu of Justice
Justice and Diplomacy
Alternatives to International Criminal Justice
Do Nothing
Amnesty
Truth and Investigatory Commissions
Lustration
Civil Trials
State Responsibility
Jurisdictional Concurrence
Conclusion
Endnotes
Glossary
Index

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