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Sources of International Criminal Law

Academic Paper from the year 2012 in the subject Law - European and International Law, Intellectual Properties, grade: A, University of Wroclaw, language: English, abstract: The sources if international criminal law are diverse, frequently not immediately obvious, and complicated by a number of different factors. This makes the mission of identifying and applying international criminal law particularly difficult, needing a lot of effort and energy. Thus, it is important to identify the sources of international criminal law in order to determine what weight should actually be attached to international treaties, international custom, documents, materials and judicial decisions, which are commonly referred to in the context of individual criminal responsibility in international law.

Thus, it is important to identify the sources of international criminal law in order to determine what weight should actually be attached to international treaties, international custom, documents, materials and judicial decisions, which ...

International Criminal Law

International Enforcement

Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victimsa (TM) Rights in International Law).

In addition this volume addresses national experiences with the enforcement of certain international crimes.

Towards Corporate Liability in International Criminal Law

Originally presented as the author's thesis (Ph.D.)--Utrecht University, 2010.

Originally presented as the author's thesis (Ph.D.)--Utrecht University, 2010.

International Cooperation in Dealing with International Crimes under International Criminal Law: The Case of the Khmer Rouge Tribunal

Research paper from the year 2009 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: A, University for Peace (United Nations-mandated University for Peace), language: English, abstract: Traditional international law considered the sovereignty of state as the core principle and state cannot be interfered by other states or international community even though it is failed to protect its people. The modern international law developed when the Peace of Westphalia was signed in 1648. With this development, the principle of sovereignty of state has been gradually replaced with the principle of international community as every state more or less is dependent, particularly in terms of economics and politics, in order to survive in the world community. In this regard, each state came into agreement on trade, diplomacy and so on with the others. So each is bound by international law either treaty, customary international law, or other sources of international law. Regarding the international crimes under international criminal law such as genocide, crimes against humanity, and war crimes, most of the states more or less are bound by them, significantly under the 1948-Convention on the Prevention and Punishment of the Crime of Genocide, 1968-Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, and the 2002-Rome Statute of the International Criminal Court (ICC). Throughout the history, a number of genocide, crimes against humanity and war crimes happened, but only were four ad hoc tribunals right away created to prosecute the criminals before the ICC came into being in 2002. Those are the 1945-Nuremberg Tribunal, the 1946- Tokyo Tribunal, the 1993-International Criminal Tribunal for the Former Yugoslavia, and the 1994-International Criminal Tribunal for Rwanda. However, such a thing was not undertaken in Cambodia after the Khmer Rouge regime collapse in 1979. The Khmer Rouge Tribunal is selected to study because it is the only tribunal established very late after the carelessness of the international community and the prolonged and often acrimonious cooperation and negotiation between the Cambodian government and the UN, unlike the others. [...]

Research Paper (undergraduate) from the year 2009 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: A, University for Peace (United Nations-mandated University for Peace), language: ...

Treatise on International Criminal Law

Volume 1: Foundations and General Part

This is the first of three volumes of a treatise on the principles and practice of international criminal law, from its foundations to its future. Volume 1 analyses the history and sources of international criminal law, individual criminal responsibility, the requirements for criminal responsibility, and the grounds that exclude liability.

This is the first of three volumes of a treatise on the principles and practice of international criminal law, from its foundations to its future.

Appeal and Sentence in International Criminal Law

HauptbeschreibungThe International Tribunals for the former Yugoslavia and Rwanda hold far-reaching sentencing powers. At the same time, consistency and fairness in sentencing are of utmost important to the practice of the Tribunals. Accordingly, the sentencing powers of the Tribunals demand for a system of control. One crucial procedural safeguard to facilitate such control is the scrutiny exercised by the Appeals Chamber. This study analyses both sentencing and appellate law in the International Tribunals. Its fundamental objective is to ensure consistency in punishment by means of appellate review.The study analyses the substantive guidelines for the sentencing decision and describes how these have evolved in the practice of the Tribunals. It then explores the nature and scope of the appeal. In doing so it examines the most important procedural devices and instruments and assesses their practical importance to the appellate process. Finally, it analyses the importance the respective practice of the Tribunals will hold for the future practice of the International Criminal Court.

HauptbeschreibungThe International Tribunals for the former Yugoslavia and Rwanda hold far-reaching sentencing powers.

Treatise on International Criminal Law

Volume III: International Criminal Procedure

Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences.

This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court.

Rethinking International Criminal Law

The Substantive Part

After a long period of relative stagnation, substantive international criminal law has been invigorated primarily by the activities of the International Criminal Tribunals for the former Yugoslavia and Rwanda. Both ad hoc tribunals have made immense advancements to this area of international criminal law by, for instance, laying down detailed rules on what constitutes culpable conduct and when responsibility should be attributed for the conduct of others. These important advances notwithstanding, much remains in flux. The elements of the core international crimes are still subject to controversy. Theories of individual criminal responsibility, such as command responsibility and joint criminal enterprise, are highly controversial. There is as yet no knowledge of how international offenses should be graded according to different levels and degrees of culpability and harm. This book brings together a team of researchers and practitioners from the field of international criminal law, concerned with a new international agenda of refining substantive international criminal law. The diverse topics examined include the superior orders defense, the mental element, the defense of mistake, command responsibility, the crime of aggression, and the principle of legality.

This book brings together a team of researchers and practitioners from the field of international criminal law, concerned with a new international agenda of refining substantive international criminal law.

The Nuremberg Military Tribunals and the Origins of International Criminal Law

This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes-crimes against peace, war crimes, and crimes against humanity-as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.

This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs).

The Emerging System of International Criminal Law

Developments in Codification and Implementation

How far has the world come in creating a system of international criminal law? As global society grows ever more interdependent, international crime is increasingly regarded as a serious threat. Now is the time for the international community to produce more comprehensive solutions to prevent, punish & deter crimes under international law. In this book, the author focuses on recent developments in codification & implementation to evaluate prospects for the emergence of a unified system of international criminal law, characterized by broad & coherent material coverage, as well as fair & effective institutional implementation. To this end, he sketches the normative contours of international criminal law by exploring the history, content & legal status of the relevant norms against the background of the work of the International Law Commission. He then surveys patterns in existing means of implementation at both the inter-State & international levels, examining key issues relating to the acquisition of custody over the alleged offender, the role of the extradition system & the use of international criminal tribunals. Finally, the author identifies the essential properties for the emergence of a good system of international criminal law & locates the development & future prospects of this field within the main historical dynamics of international legal cooperation.

In this book, the author focuses on recent developments in codification & implementation to evaluate prospects for the emergence of a unified system of international criminal law, characterized by broad & coherent material coverage, as well ...