Introduction : what is international criminal law? -- The objectives of international criminal law -- Jurisdiction -- National prosecutions of international crimes -- State cooperation with respect to national proceedings -- The history of international criminal prosecutions : Nuremberg and Tokyo --The ad hoc international criminal tribunals -- The International Criminal Court -- Other courts with international elements -- Genocide -- Crimes against humanity -- War crimes -- Aggression -- Transnational crimes, terrorism and torture -- General principles of liability -- Defences/grounds for excluding criminal responsibility -- Procedures of international criminal investigations and prosecutions -- Victims in the international criminal process -- Sentencing and penalties -- State cooperation with the international courts and tribunals -- Immunities -- Alternatives and complements to criminal prosecution -- The future of international criminal law.
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SUMMARY OR ABSTRACT
Text of Note
"This market-leading textbook gives an authoritative account of international criminal law, and focuses on what the student needs to know - the crimes that are dealt with by international courts and tribunals as well as the procedures that police the investigation and prosecution of those crimes. The reader is guided through controversies with an accessible, yet sophisticated approach by the author team of four international lawyers, with experience both of teaching the subject, and as negotiators at the foundation of the International Criminal Court and the Rome conference. It is an invaluable introduction for all students of international criminal law and international relations, and now covers developments in the ICC, victims' rights, and alternatives to international criminal justice, as well as including extended coverage of terrorism. Short, well chosen excerpts allow students to familiarise themselves with primary material from a wide range of sources. An extensive package of online resources is also available"--
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"International criminal law International law typically governs the rights and responsibilities of States;1 criminal law, conversely, is paradigmatically concerned with prohibitions addressed to individuals, violations of which are subject to penal sanction by a State.2 The development of a body of international criminal law which imposes responsibilities directly on individuals and punishes violations through international mechanisms is relatively recent. Although there are historical precursors and precedents of and in international criminal law,3 it was not until the 1990s, with the establishment of the ad hoc Tribunals for the former Yugoslavia and for Rwanda, that it could be said that an international criminal law regime had evolved. This is a relatively new body of law which is not yet uniform, nor are its courts universal. International criminal law developed from various sources. War crimes originate from the ?laws and customs of war?, which accord certain protections to individuals in armed conflicts. Genocide and crimes against humanity evolved to protect persons from what are now termed gross human rights abuses, including those committed by their own governments. With the probable exception of the crime of aggression with its focus on inter-State conflict, the concern of international criminal law is now with individuals and with their protection from wide-scale atrocities. As was said by the Appeal Chamber in the Tadi? case in the International Criminal Tribunal for the former Yugoslavia (ICTY): A State-sovereignty-oriented approach has been gradually supplanted by a human-being-oriented approach ? [I]nternational law, while of course duly safeguarding the legitimate interests of States, must gradually turn to the protection of human beings"--