International criminal law
著者
書誌事項
International criminal law
Hart, 2010
4th ed
- : pbk
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
This book offers a comprehensive analysis of the major areas of international criminal law (ICL). It approaches its subject matter from both a criminal law and an international law perspective, analysing the various topics exhaustively but in an accessible manner. While looking at the jurisprudence of the international tribunals, it is not confined to this approach, instead looking at all the fields in which ICL is employed.
Thus it covers the theory of ICL, including the concepts of individual responsibility, the sources of ICL, State criminality, legality and legitimacy; the subjective (mens rea) and objective (actus reus) elements of international crimes and the particular position of the International Criminal Court Statute; the various modes of liability and participation in international crimes; the doctrine of command responsibility; defences and grounds for excluding liability; immunities; an extensive analysis of all war crimes; crimes against humanity; genocide; the crime of aggression; and, international criminal law of the sea, including piracy, armed robbery at sea, pollution-related offences, fisheries-related offences, maritime terrorism, injury to cables and pipelines, illegal broadcasting and enforcement against such offences.
It also covers: transnational crimes, including organised crime, corruption, money laundering, illicit trafficking of drugs and postal offences; particular international offences against the person, especially slavery and related practices, apartheid, enforced disappearances and torture; the legal contours of the crime of terrorism; an analysis of the historical development of ICL and of the legal processes relating to the Nuremberg Tribunal; an analysis of the UN tribunals for Yugoslavia and Rwanda; an examination of the International Criminal Court; an analysis of hybrid internationalised tribunals, such as those of Iraq, Sierra Leone, Cambodia, East Timor, Kosovo, Lebanon and Lockerbie, as well as an examination of truth commissions and amnesties; the various strands of criminal jurisdiction; and, the different modes of inter-State cooperation in criminal matters, including cooperation with international tribunals, extradition, illegal rendition and mutual legal assistance.
目次
Preface Table of Cases Table of Treaties Table of National Legislation PART I FUNDAMENTAL PRINCIPLES OF INTERNATIONAL CRIMES AND CRIMINAL JUSTICE Chapter 1 Fundamentals of International Criminal Law Chapter 2 The Subjective and Objective Elements of International Crimes Chapter 3 Modes of Liability and Criminal Participation Chapter 4 The Law of Command Responsibility PART II DEFENCES AND EXCUSES FROM CRIMINAL LIABILITY Chapter 5 Defences in International Criminal Law Chapter 6 Immunities from Criminal Jurisdiction PART III SUBSTANTIVE CRIMES Chapter 7 War Crimes and Grave Breaches Chapter 8 Crimes Against Humanity Chapter 9 The Crime of Genocide Chapter 10 Offences Against the Person Chapter 11 Transnational Crimes Chapter 12 Terrorism Chapter 13 The Crime of Aggression Chapter 14 International Criminal Law of the Sea PART IV ENFORCEMENT OF INTERNATIONAL CRIMINAL LAW Chapter 15 The Exercise of Criminal Jurisdiction Chapter 16 International Cooperation in Criminal Matters Chapter 17 The Nuremberg and Tokyo Tribunals and the Origins of International Criminal Justice Chapter 18 The International Criminal Tribunals for Yugoslavia and Rwanda Chapter 19 The Permanent International Criminal Court Chapter 20 Internationalised Domestic Criminal Tribunals, Truth Commissions and Amnesties PART V EVIDENCE AND INTERNATIONAL CRIMINAL PROCEDURE Chapter 21 Evidence before International Criminal Courts and Tribunals By Caroline Buisman Chapter 22 The Status of Victims in International Criminal Law and Criminal Proceedings Index
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