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Introduction Fundamentals of International Criminal Law | |
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General Features of International Criminal Law | |
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Notion of International Crimes | |
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Sources of International Criminal Law | |
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Historical Evolution of International Crimes | |
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The Reaction of the International Community to the Increasing Perpetration of International Crimes | |
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Substantive Criminal Law | |
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International Crimes | |
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War Crimes | |
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Notion | |
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How to Establish Whether a Serious Violation of International Humanitarian Law Has Been Criminalized | |
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Objective Elements of the Crime | |
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Subjective Elements | |
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Crimes Against Humanity | |
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Notion | |
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Origin of the Notion | |
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Objective Elements of the Crime | |
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Subjective Elements | |
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The Possible Authors of the Crime | |
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The Possible Victims | |
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Genocide | |
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Notion | |
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Objective Elements | |
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Subjective Elements | |
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Genocide and Crimes Against Humanity | |
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Aggression | |
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Notion | |
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Objective and Subjective Elements | |
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Appraisal of International Political Bodies v Judicial Findings | |
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Torture | |
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General | |
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Objective and Subjective Elements | |
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Trans-National, State-Sponsored, or State-Condoned Terrorism | |
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General | |
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Objective and Subjective Elements | |
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Fundamentals of International Criminal Responsibility | |
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General Principles | |
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Preliminary Remarks | |
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The Principles of Individual Criminal Responsibility | |
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The Principles of Legality of Crimes (nullum crimen sine lege) | |
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The Principle of Legality of Penalties (nulla poena sine proevia lege) | |
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Mens Rea | |
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The Methodological Problem | |
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Intent | |
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Recklessness | |
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Knowledge | |
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Culpable Negligence | |
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The ICC Statute | |
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Judicial Determination of the Subjective Element | |
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Circumstances Excluding Criminal Liability: Justifications | |
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General | |
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Customary International Law | |
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Self-Defence | |
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Necessity | |
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The ICC Statute | |
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Other Circumstances Excluding Criminal Liability: Excuses | |
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Distinction Between Circumstances Where the Lack of Mens Rea Derives from the Absence of Individual Autonomy (A), and Circumstances Where Mens Rea is Absent on account of Other Causes (B) | |
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(A) Insanity or Mental Disorder | |
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Intoxication | |
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(B) Superior Order | |
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Duress | |
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Mistake of Fact | |
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Mistake of Law | |
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Immunities | |
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General: Various Classes of Immunities | |
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Functional and Personal Immunities Provided for in International Customary Law | |
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The Customary International Rule Lifting Functional Immunities in the Case of International Crimes | |
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International Personal Immunities | |
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National Personal Immunities | |
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Perpetration and Other Forms of Participation in Criminal Conduct | |
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General | |
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Perpetration | |
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Co-perpetration | |
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Participation in a Common Criminal Design, Entailing Liability for All the Acts Following form the Criminal Design | |
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Participation in a Common Criminal Design Involving Liability for the Foreseeable Crimes of Other Participants | |
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Planning | |
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Ordering | |
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Aiding and Abetting | |
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Inchoate Crimes | |