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Treatise on International Criminal Law最新文献

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I International Criminal Justice Institutions: From the First Ad Hoc Tribunals and Their Precedents to the ICC and Beyond 国际刑事司法机构:从第一个特设法庭及其先例到国际刑事法院及其以后
Treatise on International Criminal Law Pub Date : 2021-07-15 DOI: 10.1093/law/9780192844262.003.0001
Ambos Kai
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引用次数: 0
VI Attempt as a Special Form of Individual Criminal Responsibility 未遂作为个人刑事责任的一种特殊形式
Treatise on International Criminal Law Pub Date : 2021-07-15 DOI: 10.1093/law/9780192844262.003.0006
Ambos Kai
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引用次数: 0
VIII Grounds Excluding Responsibility (‘Defences’) VIII排除责任的理由(“抗辩理由”)
Treatise on International Criminal Law Pub Date : 2021-07-15 DOI: 10.1093/law/9780192844262.003.0008
Ambos Kai
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引用次数: 0
II Concept, Function, and Sources of International Criminal Law 国际刑法的概念、功能和渊源
Treatise on International Criminal Law Pub Date : 2021-07-15 DOI: 10.1093/law/9780192844262.003.0002
Ambos Kai
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引用次数: 0
IV Individual Criminal Responsibility 四、个人刑事责任
Treatise on International Criminal Law Pub Date : 2021-07-15 DOI: 10.1093/law/9780192844262.003.0004
Ambos Kai
{"title":"IV Individual Criminal Responsibility","authors":"Ambos Kai","doi":"10.1093/law/9780192844262.003.0004","DOIUrl":"https://doi.org/10.1093/law/9780192844262.003.0004","url":null,"abstract":"This chapter starts with the universal recognition of the concept of individual criminal responsibility in ICL as perhaps the most important result of its historic precedents of Nuremberg and Tokyo. It offers a profound analysis of the ‘historic’ case law on individual criminal responsibility, namely the post WW II case law (Nuremberg, Tokyo, the one by the allied powers and Germany), but also relevant case law on other (mainly) State-sponsored criminality (especially in Latin America). It then turns to the ‘modern’ law of individual criminal responsibility and thus analyses the law and jurisprudence of the UN Ad Hoc Tribunals, of the mixed tribunals and, with a particular emphasis, of the ICC. In terms of doctrine a special focus lies on the forms of participation which enable us to hold the masterminds of the international crimes accountable, that is, joint criminal enterprise (JCE) and indirect perpetration by way of an organization (Organisationsherrschaft). In this respect, the chapter deals with what is probably the most important field of the ongoing theoretization of International Criminal Law.","PeriodicalId":165706,"journal":{"name":"Treatise on International Criminal Law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130277135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
VII The Subjective Requirements of International Crimes 七、国际犯罪的主观要件
Treatise on International Criminal Law Pub Date : 2021-07-15 DOI: 10.1093/law/9780192844262.003.0007
Ambos Kai
{"title":"VII The Subjective Requirements of International Crimes","authors":"Ambos Kai","doi":"10.1093/law/9780192844262.003.0007","DOIUrl":"https://doi.org/10.1093/law/9780192844262.003.0007","url":null,"abstract":"This chapter reviews first Article 30 of the International Criminal Court (ICC) Statute that contains the general mens rea rule for crimes under the Statute (Articles 5-8bis) on the basis of a thorough comparative law inquiry. . After some terminological clarifications (e.g. regarding the meaning of the term ‘intent’), it examines the objects of reference of Article 30 (material elements as well as conduct, consequence and circumstance) in order to be able to apply them to the crimes of the Statute; also, the standard or degrees of the mental element are analysed. In the second section it is inquired whether there are additional or different subjective requirements provided for by the crime definitions, such as most prominently the specific intent (dolus specialis) requirement in genocide; further, the modes of participation (Article 25(3)) going beyond Article 30 are explored.","PeriodicalId":165706,"journal":{"name":"Treatise on International Criminal Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132901781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
III Imputation and General Structure of Crime in International Criminal Law 三、国际刑法中犯罪的归责与一般结构
Treatise on International Criminal Law Pub Date : 2021-07-15 DOI: 10.1093/law/9780192844262.003.0003
Ambos Kai
{"title":"III Imputation and General Structure of Crime in International Criminal Law","authors":"Ambos Kai","doi":"10.1093/law/9780192844262.003.0003","DOIUrl":"https://doi.org/10.1093/law/9780192844262.003.0003","url":null,"abstract":"This chapter explains the general part (GP) and special part (SP) of the criminal law, which encompasses the general rules of attribution or imputation and the relevant international crimes. It applies these concepts to International Criminal Law, especially adjusting the rules of imputation and individual responsibility to the peculiar features of the commission of crimes in a macrocriminal, collective contextIt also recounts how international criminal law had been applied with only a rudimentary system for the imputation of criminal responsibility, largely undertheorized as compared to national criminal justice systems. In fact, the chapter shows how little room was given to criminal law or even doctrinal considerations during the negotiations on ICL instruments, especially the Rome Statute of the ICC. Thus, the ICL-making process appears as largely unprincipled, policy driven, and pragmatic. It is argued however, that applied ICL is ultimately criminal law and thus must be guided by its liberal principles, especially legality, culpability and fairness.","PeriodicalId":165706,"journal":{"name":"Treatise on International Criminal Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122191584","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
V Omission, in Particular Command Responsibility 遗漏，特别是指挥责任
Treatise on International Criminal Law Pub Date : 2021-07-15 DOI: 10.1093/law/9780192844262.003.0005
Ambos Kai
{"title":"V Omission, in Particular Command Responsibility","authors":"Ambos Kai","doi":"10.1093/law/9780192844262.003.0005","DOIUrl":"https://doi.org/10.1093/law/9780192844262.003.0005","url":null,"abstract":"This chapter continues the effort of this Volume to combine both comparative legal concepts with unique features of International Criminal Law. It is thus a direct result of the foundational work in Chapter II: International Criminal Law’s focus on individual criminal responsibility leads to an expressive purpose of punishments that again requires a criminalization of remote behavior by commanders and State leaders. This criminalization is based on the centuries old debate revolving around liability for omission. The chapter thus starts with a general explanation of the concept of omission vis-á-vis action. The author answers the question of whether a general omission liability exists in International Criminal Law affirmatively, recognizing a general principle of law, albeit with strict requirements. Drawing on the results from Chapter II, the author argues in favor of a criminalization of omission based on the prevention of harm and the protection of important legal goods/interests. The basis for this criminalization/liability is the respective person’s duty to act.","PeriodicalId":165706,"journal":{"name":"Treatise on International Criminal Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132256612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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