An Introduction to International Criminal Law and Procedure

Abstract

This market-leading textbook gives an authoritative account of international criminal law, and focuses on what the student needs to know - the crimes that are dealt with by international courts and tribunals as well as the procedures that police the investigation and prosecution of those crimes. The reader is guided through controversies with an accessible, yet sophisticated approach by the author team of four international lawyers, with experience both of teaching the subject, and as negotiators at the foundation of the International Criminal Court and the Rome conference. It is an invaluable introduction for all students of international criminal law and international relations, and now covers developments in the ICC, victims' rights, and alternatives to international criminal justice, as well as including extended coverage of terrorism. Short, well chosen excerpts allow students to familiarise themselves with primary material from a wide range of sources. An extensive package of online resources is also available.

Complicity in International Criminal Law

“…50 In accordance with this interpretation, the ICTR judges held that Sylvestre Gacumbitsi -the highest-ranking local administrative official in one of the municipalities in Rwanda -committed genocide through being physically present at the scene of the crime and personally directing the Tutsi and Hutu refugees to separate in different groups. The Chamber found these actions to be "as much an integral part of 44 Smith noted "…analysis of complicity's distinct mens rea and actus reus elements needs to be carried out within the complete framework of responsibility demands", K. 47 See Appendix VI. 48 Ibid.…”

“…43 In line with this approach, the principals are those who have control over the crime, and, while being aware of this control, either (1) physically carry out the crime (direct perpetration), or (2) control the will of those who carry out the objective elements of the offence (indirect perpetration), or (3) they have, along with others, control over crime by reason of the essential tasks being assigned to them (joint or coperpetration). 44 The long awaited first ICC judgment in Lubanga corroborated the Pre-Trial Chambers' approach. 45 The Chamber followed the Pre-Trial Chamber's analysis of the scope of co-perpetration based on the control over crime theory and held that the prosecution must prove the following elements to secure Lubanga's conviction for the 'direct co-perpetration':…”

“…43 Judge Pal (India) in his dissent also criticized the prominent place that conspiracy occupied in the Tokyo indictment and held that "conspiracy by itself is not at all a crime in international life." 44 From the substantive point of view, he disagreed with the existence of conspiracy, with its alleged criminal purpose for domination of the territories and with the fact that the defendants were members of thereof. 45 ii.…”

“…47 The Chamber established that the accused and his alleged co-perpetrators, including particularly Floribert Kisembo, Chief Kahwa and Bosco Ntaganda, worked together and each of them made an essential contribution to the common plan that resulted in the enlistment, 43 Lubanga Decision, § 330. 44 Lubanga Decision, § 332. 45 conscription and use of children under the age of 15 to participate actively in hostilities.…”

Dignity, Ubuntu, Humanity and autonomous weapon systems (AWS) debate: An African perspective

“…During and after the World Wars, the international community witnessed callous and horrendous outrages against human dignity 198 . Since then, many constitutions and courts -in particular those of German -started taking seriously the protection of the right to dignity 199 .…”