An introduction to international criminal law and procedure / Robert Cryer [and others].
2010
KZ7000 .I587 2010 (Map It)
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Title
An introduction to international criminal law and procedure / Robert Cryer [and others].
Published
Cambridge [UK] ; New York : Cambridge University Press, 2010.
Call Number
KZ7000 .I587 2010
Edition
Second edition.
Cover Title
International criminal law and procedure
ISBN
9780521135818 (pbk.)
0521135818 (pbk.)
9780521119528 (hardback)
0521119529 (hardback)
0521135818 (pbk.)
9780521119528 (hardback)
0521119529 (hardback)
Description
lxvi, 618 pages ; 24 cm
System Control No.
(OCoLC)466341011
Summary
"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"-- Provided by publisher.
"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"-- Provided by publisher.
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Rouse Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Rouse Fund
Table of Contents
Preface
xi
Table of Cases
xiv
Table of Treaties and other International Instruments
xxxviii
Table of Abbreviations
lxiv
Part A: Introduction
1
1.
Introduction: What is International Criminal Law?
3
1.1.
International criminal law
3
1.2.
Other concepts of international criminal law
5
1.3.
Sources of international criminal law
9
1.4.
International criminal law and other areas of law
13
1.5.
A body of criminal law
16
2.
The Objectives of International Criminal Law
22
2.1.
Introduction
22
2.2.
The aims of international criminal justice
23
2.3.
Broader goals
30
2.4.
Other critiques of criminal accountability
36
Part B: Prosecutions In National Courts
41
3.
Jurisdiction
43
3.1.
Introduction
43
3.2.
The forms of jurisdiction
43
3.3.
Conceptual matters
45
3.4.
The 'traditional' heads of jurisdiction
46
3.5.
Universal jurisdiction
50
4.
National Prosecutions of International Crimes
64
4.1.
Introduction
64
4.2.
National prosecutions
64
4.3.
State obligations to prosecute or extradite
69
4.4.
Domestic criminal law and criminal jurisdiction
73
4.5.
Statutory limitations
77
4.6.
The Non-retroactivity principle
79
4.7.
Ne bis in idem or double jeopardy
80
4.8.
Practical obstacles to national prosecutions
82
5.
State Cooperation with Respect to National Proceedings
85
5.1.
Introduction
85
5.2.
International agreements
86
5.3.
Some basic features
87
5.4.
Extradition
93
5.5.
Mutual legal assistance
102
5.6.
Transfer of proceedings
104
5.7.
Enforcement of penalties
105
Part C: International Prosecutions
107
6.
The History of International Criminal Prosecutions: Nuremberg and Toyko
109
6.1.
Introduction
109
6.2.
The commission on the responsibility of the authors of the war
109
6.3.
The Nuremberg International Military Tribunal
111
6.4.
The Tokyo International Military Tribunal
115
6.5.
Control Council Law No. 10 trials and military commissions in the Pacific sphere
119
7.
The ad hoc International Criminal Tribunals
122
7.1.
Introduction
122
7.2.
The International Criminal Tribunal for Yugoslavia
122
7.3.
The International Criminal Tribunal for Rwanda
135
8.
The International Criminal Court
144
8.1.
Introduction
144
8.2.
The creation of the ICC
144
8.3.
Structure and composition of the ICC
149
8.4.
Crimes within the jurisdiction of the ICC
150
8.5.
Applicable law
152
8.6.
Complementarity and other grounds of inadmissibility
153
8.7.
Initiation of proceedings (the 'trigger mechanisms')
163
8.8.
Jurisdiction: personal, territorial and temporal
166
8.9.
Deferral of investigation or prosecution: Article 16
169
8.10.
Enforcement of the ICC's decisions
170
8.11.
Opposition to the ICC
171
8.12.
Appraisal
178
9.
Other Courts with International Elements
181
9.1.
Introduction
181
9.2.
Courts established by agreement between the United States and a State
182
9.3.
Courts established by the United Nations or other international administration
188
9.4.
Courts established by a State with international support
194
9.5.
Lockerbie: an ad hoc solution for a particular incident
196
9.6.
Relationship with the ICC
197
9.7.
Appraisal
197
Part D: Substantive Law Of International Crimes
201
10.
Genocide
203
10.1.
Introduction
203
10.2.
The protected groups
208
10.3.
Material elements
213
10.4.
Mental elements
220
10.5.
Other modes of participation
228
11.
Crimes Against Humanity
230
11.1.
Introduction
230
11.2.
Common elements (the contextual threshold)
234
11.3.
Prohibited acts
245
12.
War Crimes
267
12.1.
Introduction
267
12.2.
Common issues
279
12.3.
Specific offences
289
13.
Aggression
312
13.1.
Introduction
312
13.2.
Material elements
318
13.3.
Mental elements
327
13.4.
Prosecution of aggression in the ICC
328
14.
Transitional Crimes, Terrorism and Torture
334
14.1.
Introduction
334
14.2.
Terrorism
336
14.3.
Torture
352
Part E: Principles And Procedures Of International Prosecutions
359
15.
General Principles of Liability
361
15.1.
Introduction
361
15.2.
Perpetration/commission
362
15.3.
Joint criminal enterprise
367
15.4.
Aiding and abetting
374
15.5.
Ordering, instigating, soliciting, inducing and inciting
377
15.6.
Planning, preparation, attempt and conspiracy
382
15.7.
Mental elements
384
15.8.
Command/superior responsibility
387
16.
Defences/Grounds for Excluding Criminal Responsibility
402
16.1.
Introduction
402
16.2.
The ICC Statute and defences
404
16.3.
Mental incapacity
405
16.4.
Intoxication
406
16.5.
Self-defence, defence of others and of property
408
16.6.
Duress and necessity
410
16.7.
Mistake of fact and law
414
16.8.
Superior orders
415
16.9.
Other 'defences'
420
17.
Procedures of International Criminal Investigations and Prosecutions
425
17.1.
International criminal procedures
425
17.2.
International criminal proceedings and human rights
430
17.3.
Actors in the proceedings and their roles
436
17.4.
Jurisdiction and admissibility procedures
441
17.5.
Commencement and discontinuance of a criminal investigation
443
17.6.
The criminal investigation
445
17.7.
Coercive measures
447
17.8.
Prosecution and indictment
454
17.9.
Pre-trial proceedings - preparations for trial
460
17.10.
Evidentiary rules
464
17.11.
Admission of guilt, guilty pleas, plea bargaining
467
17.12.
Trial and judgment
469
17.13.
Appeals proceedings
471
17.14.
Revision
474
17.15.
Offences against the administration of justice
475
17.16.
Some observations
476
18.
Victims in the International Criminal Process
478
18.1.
Introduction
478
18.2.
Definition of victims
481
18.3.
Protection of victims and witnesses
481
18.4.
Victim participation in ICC criminal proceedings
484
18.5.
Reparations to victims
490
18.6.
An assessment
491
19.
Sentencing and Penalties
494
19.1.
International punishment of crimes
494
19.2.
Purposes of sentencing
496
19.3.
Sentencing practice
498
19.4.
Sentencing procedures
502
19.5.
Pardon, early release and review of sentence
503
19.6.
Enforcement
504
Part F: Relationship Between National And International Systems
507
20.
State Cooperation with the International Courts and Tribunals
509
20.1.
Characteristics of the cooperation regimes
509
20.2.
Obligation to cooperate
510
20.3.
Non-States Parties and international organizations
515
20.4.
Non-compliance
517
20.5.
Cooperation and the ICC complementarity principle
519
20.6.
Authority to seek cooperation and defence rights
519
20.7.
Arrest and surrender
520
20.8.
Other forms of legal assistance
522
20.9.
Domestic implementation
526
20.10.
An assessment
528
21.
Immunities
531
21.1.
Introduction
531
21.2.
Functional immunity and national courts
538
21.3.
Functional immunity and international courts
545
21.4.
Personal immunity and national courts
545
21.5.
Personal immunity and international courts
549
21.6.
Conclusion
558
22.
Alternatives and Complements to Criminal Prosecution
561
22.1.
Introduction
561
22.2.
Amnesties
563
22.3.
Truth commissions
571
22.4.
Lustration
575
22.5.
Reparations and civil claims
576
22.6.
Local justice mechanisms
576
23.
The Future of International Criminal Law
579
23.1.
Introduction
579
23.2.
International courts and tribunals
579
23.3.
Developments in national prosecutions of international crimes
580
23.4.
The trend towards accountability
582
23.5.
The development of international criminal law
585
23.6.
The path forward (or back?)
587
Index
591