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Contents
- Preliminary Material
- Preface
- Contents
- Table of Cases
- International Courts and Tribunals
- European Commission of Human Rights
- European Court of Human Rights
- Extraordinary Chambers in the Courts of Cambodia
- Human Rights Committee
- Inter-American Court of Human Rights
- International Court of Justice
- International Criminal Court
- International Criminal Tribunal for Rwanda
- International Criminal Tribunal for the Former Yugoslavia
- International Military Tribunal, Nuremberg
- International Military Tribunal for the Far East
- Iraqi Special Tribunal
- Permanent Court of International Justice
- Permanent Military Tribunals
- Special Court for Sierra Leone
- Special Panels of East Timor
- Special Tribunal for Lebanon
- US Nuremberg Military Tribunals
- National Courts
- International Courts and Tribunals
- Table of Legislation
- List of Abbreviations
- List of Figures
- Main Text
- Ch.I Historical Overview: The Road from Early Prosecutions of War Crimes to the Creation of the ICC
- A The Versailles Peace Treaty and Historical Precedents
- B The First Ad Hoc Tribunals: Nuremberg and Tokyo
- C The Development of International Criminal Law Prior to the Establishment of the UN Ad Hoc Tribunals
- D The UN Ad Hoc Tribunals
- E The International Criminal Court
- F The ‘Mixed’ Tribunals
- Ch.II Concept, Function, and Sources of International Criminal Law
- A Concept, Meaning, and Object of International Criminal Law
- B Punitive Power, Overall Function, and Purposes of Punishment
- C Sources and Methods of Interpretation
- Ch.III Imputation and General Structure of Crime in International Criminal Law
- Ch.IV Individual Criminal Responsibility
- A The Recognition of Individual Criminal Responsibility in International Criminal Law
- B Historical Case Law on Individual Criminal Responsibility in ICL
- C The Modern Law on Individual Criminal Responsibility
- (1) Preliminary remarks
- (2) Article 7(1) ICTYS and Article 6(1) ICTRS
- (3) Mixed tribunals
- (4) Article 25 ICC Statute as the central provision on individual criminal responsibility in modern ICL
- (a) Preliminary remarks: the law of participation and Article 25(3)
- (b) Detailed analysis of paragraph 3
- (i) Forms of perpetration (subparagraph (a))
- (ii) Complicity I: encouragement (subparagraph (b))
- (iii) Complicity II: assistance (subparagraph (c))
- (iv) Responsibility extension I: other contribution to group crime (subparagraph (d))
- (v) Responsibility extension II: incitement to commit genocide (subparagraph (e))
- (vi) Participation and the crime of aggression (paragraph 3bis)
- (vii) Complicity after commission
- (viii) Special consideration: JCE III and fundamental principles of criminal law
- (c) Conclusions and perspectives
- Ch.V Omission, in Particular Command Responsibility
- A Rationale, Concept, and Forms of Omission
- B Is There General Omission Liability (Commission Par Omission) in ICL?
- C Omission Liability Proper: Command Responsibility
- Ch.VI Attempt as a Special Form of Individual Criminal Responsibility
- Ch.VII The Subjective Requirements of International Crimes
- A The General Mental Requirement: Intent and Knowledge (Article 30 ICC Statute)
- (1) Preliminary remarks and terminological clarifications
- (2) The subject matter or objects of reference of Article 30 in general
- (3) The standard or degrees of the mental element
- (4) The object of reference of the mental element with regard to the specific crimes (Articles 6–8 ICC Statute)
- (5) The object of reference of the mental element with regard to the forms of participation (Article 25 ICC Statute)
- (6) The mental element and normative elements of the offence
- B Additional or Different Subjective Requirements Pursuant to the ‘Unless Otherwise Provided’ Formula
- C Conclusion
- A The General Mental Requirement: Intent and Knowledge (Article 30 ICC Statute)
- Ch.VIII Grounds Excluding Responsibility (‘Defences’)
- A Introduction
- B Classification of Defences
- C Substantive Defences
- (1) Preliminary conceptual questions
- (2) Mental disease or defect (Article 31(1)(a) ICC Statute)
- (3) Intoxication (Article 31(1)(b) ICC Statute)
- (4) Self-defence and defence of others (Article 31(1)(c) ICC Statute)
- (5) Duress and necessity (Article 31(1)(d) ICC Statute)
- (6) Mistake of fact and mistake of law
- (7) Superior order
- (8) Other defences
- D Procedural Defences
- Ch.I Historical Overview: The Road from Early Prosecutions of War Crimes to the Creation of the ICC
- Further Material
