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Main Text1false, Part Two: General Principles

From: Principles of International Criminal Law (3rd Edition)

Gerhard Werle, Florian Jeßberger

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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 June 2024

General principles of international law — Individual criminal responsibility — Organized crime — Elements of crimes — Mens rea — Crimes against humanity — Jurisdiction — International crimes — Responsibility of international organizations — Self-defence — Duress — Necessity — Superior orders — Defences — Responsibility of individuals — Conspiracy — Immunity from jurisdiction, ratione materiae — Heads of state and other senior officials — International criminal law — Gravity of offences — Sentencing — Prosecution
428 Until the entry into force of the ICC Statute, general principles were of secondary importance in efforts to codify international criminal law. What was important in practice took precedence: the definition of crimes under international law. 429 A look at the Nuremberg Charter and the Statutes of the international criminal Tribunals created by the UN Security Council illuminates the subordinate status of general principles. The few special rules placed ‘outside the brackets’ of the definitions of crimes neither possess substantive similarities with general...
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