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Foundations of International Criminal Law

Through his insightful and engaging commentary, the author draws each concept from the developing jurisprudence and historical record, including from personal experience as an ICTY Senior Trial Attorney. The key influences underpinning the development of law in this area are identified and considered, including the creation and operation of the international criminal tribunals of the former Yugoslavia, Rwanda, East Timor and Cambodia and the permanent International Criminal Court. The interplay of jurisdiction and state sovereignty in international criminal law is examined and its core crimes are discussed, supported by examples drawn from real-life prosecutions. The commentary also details issues pertinent to both the prosecution and defence in an international criminal law matter. Problems, activities and suggested readings supplement the text. This highly readable work is an ideal introduction for students and other readers new to the area, while those more familiar with its issues will value the author's perspectives on this often confronting subject-matter.

This highly readable work is an ideal introduction for students and other readers new to the area, while those more familiar with its issues will value the author's perspectives on this often confronting subject-matter.

The Crime of Aggression in International Criminal Law

Historical Development, Comparative Analysis and Present State

Since after the Second World War, the crime of aggression is – along with genocide, crimes against humanity and war crimes – a “core crime” under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the volume draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States ́ legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statute ́s substantive and procedural provisions pertaining to the exercise of the International Criminal Court ́s jurisdiction with respect to the crime of aggression, after 1 January 2017.

This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up ...

International Criminal Law in a Nutshell

The Nutshell is intended as an introduction for students taking a first course in international criminal law as well as practitioners with little or no familiarity with the field. After a brief introduction to the history of international criminal law (from its origins through Nuremburg to the ad hoc tribunals for the Former Yugoslavia and Rwanda), it summarizes basic principles of international accountability (such as the doctrine of "legality") and concepts of international criminal jurisdiction (including "universal" jurisdiction). Several chapters focus on the International Criminal Court, in particular its substantive jurisdiction (genocide, crimes against humanity, war crimes and aggression), modes of liability and available defenses. Additional chapters cover the purposes and procedures of extradition (and its alternatives, such as "rendition") and mutual legal assistance (obtaining evidence abroad for use in criminal cases). Attention is also given to the major ?

A final chapter addresses the "future" of international criminal law and alternatives to international prosecutions. The book is written so that readers will not require prior experience in the field of international law.

Treatise on International Criminal Law

Volume I: Foundations and General Part

This is the first volume of an authoritative three-volume treatise on international criminal law. The text provides comprehensive treatment of issues relevant to the foundations, general part of international criminal law, and general principles of international criminal justice.

This is the first volume of an authoritative three-volume treatise on international criminal law.

Domesticating International Criminal Law

Reflections on the Italian and German Experiences

This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Völkerstrafgesetzbuch 20 years after its adoption, as well as it introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice. Following the adoption of the ICC Statute, many States, including Germany with the 'Völkerstrafgesetzbuch', introduced specific legislation to incorporate international criminal law into their domestic legal systems and have been investigating and prosecuting war crimes, crimes against humanity, genocide, and even aggression ever since. 25 years later, however, the process is not completed as other countries, like Italy, are still in the way to adopt provisions on international crimes. This book opens with a broad overview of the different approaches of the domestication of international criminal law, with a specific focus on the German and the Italian systems. After an assessment of the prerequisites for the domestic implementation of international criminal law, also from a constitutional law perspective, each chapter offers an in-depth analysis of a specific issue, such as: the definition of international crimes (genocide and crimes against humanity, war crimes and aggression); the applicability of and exceptions to the general principles of domestic criminal law; the regulation of individual criminal responsibility; the sanctioning process; as well as procedural aspects related to immunities, jurisdiction and prosecutorial discretion. The strong academic perspective of the authors is well complemented by an equally strong practitioner perspective, provided by legal scholars in the highest positions in International and national judicial institutions, resulting in a well-informed and critical appraisal of the most recent developments overall in the international criminal justice system. Domesticating International Criminal Law will be of great interest to legal scholars and students, as well as practitioners with an interest in comparative and international law, international criminal law and international relations.

This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute.

The Criminal Law of Genocide

International, Comparative and Contextual Aspects

This volume presents a contextual view of genocide which allows a consideration of the social and political concepts of the crime and of its historical dimensions as well as its legal treatment. It also suggests alternative justice solutions to the phenomenon of genocide.

This volume presents a contextual view of genocide which allows a consideration of the social and political concepts of the crime and of its historical dimensions as well as its legal treatment.

The Concept of Genocide in International Criminal Law

Developments after Lemkin

This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe, and it was then incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts, and see whether the definition in the 1948 convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments. As a valuable contribution to the debate on the significance, meaning and application of the crime of genocide the book will be essential reading for students and academics working in the areas of Legal History, International Criminal Law, Human Rights, and Genocide Studies.

This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide.

Child Soldiers and the Defence of Duress under International Criminal Law

This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children’s rights.

This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers.

The Defence of Mistake of Law in International Criminal Law

A Study on Ignorance and Blame

The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.

First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders.

International Criminal Law in Context

International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law.