Principles of International Criminal Law

ISBN-13: 9789067042758 / Angielski / Twarda / 2009 / 633 str.

Gerhard Werle

Opis

Principles of International Criminal Law was first published four years ago and has been well received. It has since appeared not only in a second German edition, but also in Spanish, Italian and Chinese. Rapid developments in the field have now made a new English edition necessary. The worldwide interest in international criminal law is strong and ever growing. This is shown by, among other things, the proliferation of publications on the subject in recent years. While the ad hoc Tribunals for the former Yugoslavia and Rwanda will soon cease operations, the International Criminal Court is just getting in gear: The Court s first decisions on important issues of procedural and substantive law are now available. Other forms of enforcing international criminal law, such as hybrid courts, have also assumed greater importance; at the same time, international criminal law has come increasingly to be implemented and enforced in domestic criminal law. Today, there are many indications that international criminal law will continue to develop rather than stagnate or even suffer reversals."

Spis treści

Foundations.- A. Historical Evolution of International Criminal Law.- B. Concepts, Tasks and Legitimacy.- C. International Criminal Law and the International Legal Order.- D. Sources and Interpretation.- E. Universal Jurisdiction, the Duty to Prosecute, Transitional Justice.- F. Enforcement.- G. Domestic Implementation.- General Principles.- A. Towards a General Theory of Crimes Under International Law.- B. Material Elements.- C. Mental Element.- D. Individual Criminal Responsibility.- E. Superior Responsibility.- F. Grounds for Excluding Criminal Responsibility.- G. Inchoate Crimes.- H. Omissions.- I. Official Capacity and Immunity.- J. Multiplicity of Offenses.- K. Requirements for Prosecution.- Genocide.- A. Introduction.- B. Material Elements.- C. Mental Element.- D. Incitement to Commit Genocide.- E. Multiplicity of Offenses.- Crimes Against Humanity.- A. Introduction.- B. Contextual Element (Attack on a Civilian Population).- C. Individual Acts.- D. Multiplicity of Offenses.- War Crimes.- A. Introduction.- B. Overall Requirements.- C. War Crimes Against Persons.- D. War Crimes Against Property and Other Rights.- E. Employing Prohibited Methods of Warfare.- F. Use of Prohibited Means of Warfare.- G. War Crimes Against Humanitarian Operations.- H. Multiplicity of Offenses.- The Crime of Aggression.- A. The Prohibition of Aggression Under International Law.- B. Criminal Responsibility Under Customary International Law (War of Aggression).- C. The Crime of Aggression in the ICC Statute — Prospects.