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