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International Criminal Law

Antonio Cassese

ISBN13: 9780199261284

ISBN: 0199261288

New Edition ISBN: 9780199203109

Published: March 2003

Publisher: Oxford University Press

Country of Publication: UK

Format: Hardback

Price: Out of print

This work provides a clear and concise account of the principles governing international crimes and an outline of international criminal trials. Adopting a combination of the classic common law and more theoretical approaches to the subject, it expounds the fundamentals of both substantive and procedural international criminal law, providing a theoretical framework to all the rules, principles, concepts, and legal constructs key to the subject.

It also offers extensive treatment of the most significant traditional and novel cases in English, as well as English translations of a selection of relevant judgements in Dutch, French, German, Italian, and Spanish, demonstrating the historical and human dimensions of such cases, and providing effective illustration of the practical problems encountered by criminal courts.

Subjects:: International Criminal Law

Contents:: PART I: INTRODUCTION; 1. Fundamentals of International Criminal Law; 1.2 Notion of International Crimes; 1.3 Sources of International Criminal Law; 1.4 Historical Evolution of International Crimes; 1.5 The Reaction of the International Community to the Increasing Perpetration of International Crimes; PART II: SUBSTANTIVE CRIMINAL LAW; 2. Section I: International Crimes; 2.1 Notion; 2.2 How to Establish Whether a Serious Violation of International Humanitarian Law Has Been Criminalized; 2.3 Objective Elements of the Crime; 2.4 Subjective Elements; 3. Crimes Against Humanity; 3.1 Notion; 3.2 Origin of the Notion; 3.3 Objective Elements of the Crime; 3.4 Subjective Elements; 3.5 The Possible Authors of the Crime; 3.6 The Possible Victims; 4. Genocide; 4.1 Notion; 4.2 Objective Elements; 4.3 Subjective Elements; 4.4 Genocide and Crimes Against Humanity; 5. Aggression; 5.1 Notion; 5.2 Objective and Subjective Elements; 5.3 Appraisal of International Political Bodies v. Judicial Findings; 6. Torture; 6.1 General; 6.2 Objective and Subjective Elements; 7. Trans-National, State-Sponsored, or State-Condoned Terrorism; 7.1 General; 7.2 Objective and Subjective Elements; Section II: Fundamentals of International Criminal Responsibility; 8. General Principles; 8.1 Preliminary Remarks; 8.2 The Principles of Individual Criminal Responsibility; 8.3 The Principles of Legality of Crimes (nullum crimen sine lege); 8.4 The Principle of Legality of Penalties (nulla poena sine proevia lege); 9. Mens Rea; 9.1 The Methodological Problem; 9.2 Intent; 9.3 Recklessness; 9.4 Knowledge; 9.5 Culpable Negligence; 9.6 The ICC Statute; 9.7 Judicial Determination of the Subjective Element; 10. Circumstances Excluding Criminal Liability: Justifications; 10.1 General; 10.2 Customary International Law; 10.3 Self-Defence; 10.4 Necessity; 10.5 The ICC Statute; 11. Other Circumstances Excluding Criminal Liability: Excuses; 11.1 Distinction Between Circumstances Where the Lack of Mens Rea Derives from the Absence of Individual Autonomy (A), and Circumstances Where Mens Rea is Absent on account of Other Causes (B); 11.2 (A) Insanity or Mental Disorder; 11.3 Intoxication; 11.4 (B) Superior Order; 11.5 Duress; 11.6 Mistake of Fact; 11.7 Mistake of Law; 12. Immunities; 12.1 General: Various Classes of Immunities; 12.2 Functional and Personal Immunities Provided for in International Customary Law; 12.3 The Customary International Rule Lifting Functional Immunities in the Case of International Crimes; 12.4 International Personal Immunities; 12.5 National Personal Immunities; 13. Perpetration and Other Forms of Participation in Criminal Conduct; 13.1 General; 13.2 Perpetration; 13.3 Co-perpetration; 13.4 Participation in a Common Criminal Design, Entailing Liability for All the Acts Following form the Criminal Design; 13.5 Participation in a Common Criminal Design Involving Liability for the Foreseeable Crimes of Other Participants; 13.6 Planning; 13.7 Ordering; 13.8 Aiding and Abetting; 14.