|
|
Sold Out
Book Categories |
Acknowledgments xv
Preface xvii
Part I The Discipline of International Criminal Law 1
What Is International Criminal Law? 2
Chapter 1 A Concise History of International Criminal Law 7
Introduction: The Genesis Story 7
Substantive Law Antecedents to Modern ICL 8
Just War: Jus Ad Bellum 8
Penal Antecedents: Piracy and Slavery 9
International Humanitarian Law 13
Efforts to Enforce International Criminal Law 18
Pre-World War I: Antecedents 18
World War I: A False Start 20
The Interwar Period: Efforts to Avert Another World War 26
World War II: A Return to First Principles 27
Post-World War II: The Cold War Freeze 38
Post-Cold War Period: A Renaissance 42
Chapter 2 Sovereignty, Jurisdiction, and Power 49
Creatures of Consent 51
The International Criminal Court 51
Preconditions for the Exercise of Jurisdiction 52
Trigger Mechanisms 56
Admissibility 58
Consensual Hybrid Tribunals 59
Creatures of Coercion 64
Nuremberg and Tokyo 65
The Ad Hoc International Tribunals 65
Imposed Hybrid Tribunals 69
Domestic Legal Systems 71
Civilian Courts 71
Domestic Military Courts 77
Extradition, Transfer, Rendition, and Abduction 79
Conclusion 83
Chapter 3 The Making of International Criminal Law 85
Treaties 88
Customary International Law 95
General Principles of Law 99
Judicial Decisions 102
The Works of Scholars 103
"Soft Law" 104
Conclusion 105
Chapter 4 The Internationalization of Crimes 107
The Jurisdictional Approach 108
The Inter-National Approach 109
The Identity Approach 110
The Policy Approach 113
The Nexus to Armed Conflict Approach 114
The Global Stability Approach115
The Dignity Approach 116
The Mens Rea Approach 118
Conclusion 119
Chapter 5 The Principle of Legality in International Criminal Law 121
NCSL in International Criminal Law 124
Responses to NCSL Defenses 126
The Applicability of Nullum Crimen Sine Lege in International Criminal Law 126
Acts as Malum in Se 128
Illegality = Criminality 130
Notice Anywhere Is Notice Everywhere 133
The Object and Purpose of ICL 137
Conclusion 141
Part II Intersections 145
Chapter 6 The Legal Regulation of Armed Conflict 149
Jus Ad Bellum 151
The Original Crime of Aggression 151
The Modern Crime of Aggression 155
Defining the Crime of Aggression 156
Preconditions for the Exercise of Jurisdiction 159
Including the Crime of Aggression in the ICC Statute 163
Jus In Bello 165
Triggering International Humanitarian Law 166
Conflict Classification 169
Choice of Law Implications of Conflict Classification 173
Nexus to Armed Conflict 175
Protected Persons 177
Means and Methods of Warfare 180
War Crimes Before the International Criminal Court 182
Chapter 7 The Crimes of Terrorism 185
Terrorism Under International Law 186
Terrorism Within the ICC Statute 191
The Interface Between Terrorism and War 195
Violent Acts Committed Within International Armed Conflicts 196
Violent Acts Committed Outside of Armed Conflict 197
The Initiation of an International Armed Conflict 198
Violent Acts Committed Within Noninternational Armed Conflicts 199
The Initiation of a Noninternational Armed Conflict 201
The Penal Consequences of Violent Acts Committed Within Noninternational Armed Conflicts 203
Prosecuting Acts of Terrorism Before the ICC 206
Chapter 8 Genocide and Crimes Against Humanity 209
Crimes Against Humanity 211
Genocide 214
The Elements of the Two Crimes 216
The Chapeau Elements 216
Mens Rea and the Challenge of Specific Intent 217
Protected Groups 222
Crimes Against Humanity and Armed Conflict 229
Policy or Plan 231
Enumerated Acts 233
Persecution 236
Extermination 237
Conclusion: Convergence or Distinction? 238
Chapter 9 Immunities, Amnesties, and Excuses 241
Immunities 242
Functional and Personal Immunities 243
Combatant Immunity 246
Immunity Before the ICC 249
Immunity and Customary International Law 252
Amnesties 254
Amnesties Before the Special Court for Sierra Leone 254
Amnesties and the ICC Statute 255
Interests of Justice 256
Complementarity 258
Security Council Deferral 260
Ne Bis In Idem 262
Excuses and Justifications 263
Conclusion 267
Chapter 10 Forms of Individual Responsibility 269
Superior Responsibility 272
History of the Doctrine 273
Superior Responsibility in Treaty Law 277
Elements of the Contemporary Doctrine 280
Subordination 281
Mens Rea 283
Actus Reus (Omission) 284
Complicity and Joint Criminal Enterprise 287
Complicity 288
Joint Criminal Enterprise 290
Chapter 11 International Criminal Law and Its Alternatives: Truth, Justice, Reconciliation, and Memory 295
The Objectives of International Criminal Law 296
Retribution 297
Deterrence 298
Rehabilitation 300
Peace and Reconciliation 302
The Critiques of International Criminal Justice 303
Victor's Justice 304
Prevention in Lieu of Justice 305
Justice and Diplomacy 307
Alternatives to International Criminal Justice 308
Do Nothing 308
Amnesty 309
Truth and Investigatory Commissions 310
Lustration 312
Civil Trials 312
State Responsibility 314
Jurisdictional Concurrence 318
Conclusion 321
Endnotes 323
Glossary 337
Index 347
| Price | Condition | Delivery | Seller | Action |
| $99.99 | Digital |
| WonderClub |
David Holt
reviewed International Criminal Law: The Essentials on September 14, 2018
International Criminal Law
Spanning some of the worst bloodshed to have existed in the last half of the 20th century (and pre-dating 9/11 & the inevitable wars after that), The New Killing Fields is a collection of journalist reports, political commentary/opinions, and chilling eyewitness accounts from those lucky enough to survive the horrors. The book looks into the many problems of intervention and addresses those difficult questions such as if and when a country that has the resources to intervene and prevent a massacre/genocide in another country, should take action or not, and all the politics that go along with it.
The New Killing Fields offers short but interesting recaps on Cambodia, Yugoslavia, Rwanda and East Timor, so this book could serve as a useful refresher or starting point for those looking into these parts of history.
Login|Complaints|Blog|Games|Digital Media|Souls|Obituary|Contact Us|FAQ
CAN'T FIND WHAT YOU'RE LOOKING FOR? CLICK HERE!!! X
You must be logged in to add to WishlistX
This item is in your Wish List
X
This item is in your Collection
International Criminal Law: The Essentials
X
This Item is in Your Inventory
International Criminal Law: The Essentials
X
You must be logged in to review the productsX
X
X
Add International Criminal Law: The Essentials, Highly respected educator-scholars Elizabeth Van Schaack and Ronald C. Slye highlight and summarize the major concepts and themes of International Criminal Law with clear, informal language in this concise paperback text. Van Schaack and Slye provid, International Criminal Law: The Essentials to the inventory that you are selling on WonderClubX
X
Add International Criminal Law: The Essentials, Highly respected educator-scholars Elizabeth Van Schaack and Ronald C. Slye highlight and summarize the major concepts and themes of International Criminal Law with clear, informal language in this concise paperback text. Van Schaack and Slye provid, International Criminal Law: The Essentials to your collection on WonderClub |
