Individual Criminal Responsibility for Core International Crimes: Selected Pertinent IssuesSpringer Science & Business Media, 2 aug. 2008 - 456 pagini 1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes. |
Cuprins
1 | |
3 | |
11 | |
4 | 27 |
other than as a Binding Source | 47 |
for Core International Crimes in International | 86 |
A monster theory of liability | 127 |
Categories of JCE 3 6 3 6 Concluding | 234 |
4 | 271 |
8 | 357 |
3 | 363 |
of Terrorism | 375 |
9 | 396 |
6 | 405 |
Bibliography | 413 |
163 | 440 |
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Individual Criminal Responsibility for Core International Crimes: Selected ... Ciara Damgaard Nu există previzualizare disponibilă - 2010 |
Termeni și expresii frecvente
accused actus reus agreement aiding and abetting apply armed conflict Article 7(1 author’s view Bassiouni Brđanin Cassese Chapter VII resolution co-perpetrator concept conspiracy context core international crimes Council Chapter VII crimes against humanity criminal judicial body criteria customary international law domestic established Geneva Conventions genocide hoc international criminal Ibid ICC Statute ICTR ICTY ICTY and ICTR IMT Charter IMTFE individual criminal responsibility infra section intent inter alia International Criminal Court international criminal judicial international criminal law international criminal tribunals international tribunal JCE Category JCE mode JCED joint criminal enterprise judges jurisdiction jurisprudence Justice Krnojelac Kvočka last visited legal basis mens rea mode of liability note 16 participation perpetrators persons principle prosecution for core Prosecutor provides punishment requirement SCSL Security Council Chapter sentence Sierra Leone sources of international Special Court specific supra note supra note 68 Tadić Appeals Judgment tion treaty Trial Chamber Trial Judgment UN Security Council war crimes