Details
- Thought-provoking commentaries of cases by leading academics and practitioners in the field
- Covers cases from domestic as well as international courts
- Truly international perspective with decisions from countries including USA, Canada, Israel, France, UK, Belgium, the Netherlands
- Shows the major trends in international case law from the early cases to contemporary tribunals and highlights similarities and inconsistencies
International Criminal Law: Cases and Commentary presents a concise and comprehensive explanation of the development of major areas in substantive international criminal law, through a selection of key illustrative cases from domestic and international jurisdictions. The focus is on the law related to individual criminal liability for war crimes, crimes against humanity, genocide and aggression, with specific attention paid to sources of international criminal law, fundamental principles of criminal responsibility and defences.
Under the supervision of Antonio Cassese, the concisely-edited decisions presented in this casebook are accompanied by a short introduction setting out the circumstances of the case and a brief commentary on the importance of the decisions and principles illustrated, with cross-references to other relevant decisions on similar issues. At the end of each section, final remarks are added, together with thought-provoking questions and additional readings.
International Criminal Law: Cases and Commentary focuses on the most relevant cases before international jurisdictions today and hard-to-find, domestic decisions that are highly relevant for the present and future development of international criminal justice.
The volume is an important source for students and academics in the fields of public international law and international criminal law as well as a concise, interesting and instructive resource for practitioners, policy makers and staff of international organisations dealing with international justice.
Readership: Undergraduate and postgraduate students doing modules in International Criminal Law, International Criminal Justice and International Human Rights Law. This book will also appeal to academics, practitioners, policymakers and staff of international organizations dealing with international justice.
I: Sources and Principles of International Criminal Law
1: Sources of International Criminal Law
2: The Fundamental Principles of International Criminal Law
II: Crimes
Introduction
1: War Crimes
2: Crimes against Humanity
3: Genocide
4: Aggression
5: Torture
6: Terrorism
7: Piracy
III: Forms of Responsibility
Introduction
1: Commission
2: Joint Criminal Enterprise
3: Co-perpetration
4: Planning
5: Ordering
6: Aiding and Abetting
7: Incitement to Commit Genocide
8: Superior Responsibility
IV: Circumstances Excluding Criminal Responsibility
Introduction
1: Justifications: Self Defence
2: Excuses
V: Jurisdictional and Procedural Issues
Introduction
1: Primacy v. Complementarity
2: State Cooperation
3: Surrender and Arrests
4: Trial Procedures
the late Antonio Cassese, Former President, Special Tribunal for Lebanon, Leidschendam, The Netherlands, Guido Acquaviva, Chef de Cabinet, Special Tribunal for Lebanon, Leidschendam, The Netherlands, Mary Fan, Assistant Professor of Law, University of Washington School of Law, Washington DC, USA, and Alex Whiting, Assistant Clinical Professor of Law, Harvard Law School, Cambridge, Massachusetts, USA
"I strongly endorse this latest and invaluable addition to the development and study of international criminal law and commend its contribution to ensuring that this discourse is accessible and understandable. Judge O-Gon Kwon, Vice President, UN International Criminal Tribunal for the Former Yugoslavia"
"Judge Cassese has shepherded another concise and comprehensive practice-oriented explanation of the development of the major substantive areas of international criminal law...Professors in search of a concise, fast-moving, and contemporary snapshot of ICL are strongly encouraged to consider this well-written, and superbly documented, coverage of a subset of International Law - now enhanced by the availability of this excellent textbook." - ASIL
