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Contents
- Preliminary Material
- Dedication
- Preface
- Acknowledgements
- Contents
- Table of Cases
- National Jurisdictions
- International Jurisdictions
- African Court of Human and People’s Rights
- Court of Justice of the European Union
- Economic Community of West African States (ECOWAS) Community Court of Justice
- European Commission of Human Rights
- European Court of Human Rights (ECtHR)
- Inter-American Court of Human Rights
- International Court of Justice (ICJ)
- International Criminal Court (ICC)
- International Criminal Tribunal for Rwanda (ICTR)
- International Criminal Tribunal for the former Yugoslavia (ICTY)
- International Military Tribunal, Nuremberg
- International Military Tribunal for the Far East, Tokyo
- Mexico–US General Claims Commission
- Permanent Court of Arbitration
- Permanent Court of International Justice (PCIJ)
- Special Court for Sierra Leone (SCSL)
- Special Tribunal for Lebanon (STL)
- Tribunal under the Treaty of Washington 1871
- United Nations Committee against Torture
- Table of Treaties and Other International Instruments
- Table of Legislation
- List of Abbreviations
- Main Text
- Part One Foundational Concepts and Principles
- 1 The International Rules on National Criminal Jurisdiction
- I Introduction
- II The Concept and Distinct Aspects of Jurisdiction
- III Jurisdiction to Prescribe
- 1.15
- A The Structure of Prescriptive Criminal Jurisdiction
- B The Accepted Bases of Prescriptive Criminal Jurisdiction
- C A Hierarchy of Concurrent Jurisdictions?
- D Ne bis in idem among Concurrent Jurisdictions?
- IV Jurisdiction to Enforce
- V Conclusion
- Further Reading
- 2 The Concept of an International Crime
- I Introduction
- II The Concept and Definition of an ‘International Crime’
- III Species of International Crime
- IV Crimes under International Law
- V Conclusion
- Further Reading
- 3 The Types of Criminal Court
- I Introduction
- II Terminology
- III International and Municipal Criminal Courts: A Formal Binarism
- IV International and Municipal Criminal Courts: A Descriptive Pluralism
- V The Legal Significance of the Distinction Between International and Municipal Criminal Courts
- VI The Legal Significance of the Differences among International Criminal Courts
- VII Conclusion
- Further Reading
- 1 The International Rules on National Criminal Jurisdiction
- Part Two The Substantive Law of International Crimes
- Crimes under Customary International Law
- 4 The Crimes
- I Introduction
- II Preliminary Matters
- III War Crimes
- IV Crimes Against Humanity
- V The Crime of Genocide
- VI The Crime of Aggression
- VII Other Crimes?
- VIII A Hierarchy of Gravity?
- IX Conclusion
- Further Reading
- 5 Modes of Responsibility
- I Introduction
- II Preliminary Matters
- III Commission
- IV Planning
- V Instigation
- VI Ordering
- VII Soliciting or Inducing
- VIII Aiding and Abetting
- IX Contribution to a Crime Committed or Attempted by a Group of Persons Acting with a Common Purpose
- X Specific Modes of Responsibility for the Crime of Genocide
- XI Attempt
- XII Modes of Responsibility and the Crime of Aggression
- XIII Command and Other Superior Responsibility
- XIV Conclusion
- Further Reading
- 6 Grounds for Excluding Responsibility
- 4 The Crimes
- Treaty Crimes
- 7 The Crimes and Their Modes of Responsibility
- I Introduction
- II Conceptual Issues
- III The Crimes in Outline
- 7.18
- 7.19
- 7.20
- A War Crimes
- B Crimes Relating to Slavery
- C Crimes Associated with Terrorism
- 7.38
- 7.39
- 7.40
- (i) Unlawful seizure of aircraft
- (ii) Unlawful acts relating to international civil aviation
- (iii) Crimes against internationally protected persons
- (iv) Hostage-taking
- (v) Crimes relating to the physical protection of nuclear material and facilities
- (vi) Unlawful acts against the safety of maritime navigation and against the safety of fixed platforms located on the continental shelf
- (vii) Terrorist bombings
- (viii) Financing of terrorism
- (ix) Nuclear terrorism
- (x) Terrorism per se?
- D Crimes Associated with Political Repression
- E Crimes Relating to or Associated with Organized Crime
- F Crimes Relating to Corrupt Practices
- G Crimes Against the Safety of United Nations and Associated Personnel
- IV Conclusion
- Further Reading
- 8 The Obligations and Rights of States Parties
- I Introduction
- II Characteristic Obligations
- III Some Specific Obligations
- IV Conclusion
- Further Reading
- 7 The Crimes and Their Modes of Responsibility
- Crimes under Customary International Law
- Part Three The Suppression of International Crimes
- Municipal Law and Courts
- 9 Substantive Law, Jurisdiction, Prosecution, and Courts
- I Introduction
- II Substantive Law and Jurisdiction
- III Prosecution
- IV Adjudication
- 9.34
- 9.35
- A Municipal Criminal Courts of General Jurisdiction
- B Municipal Criminal Courts of Special Jurisdiction
- 9.42
- (i) Special military courts
- (ii) Special panels in the District Court of Dili and Court of Appeal of East Timor
- (iii) Ad hoc human rights courts in the Central Jakarta District Court and other Indonesian human rights courts
- (iv) Iraqi High Criminal Court
- (v) War Crimes Chambers of the High Court and Appeals Court in Belgrade
- (vi) War crimes sections of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina
- (vii) Extraordinary Chambers in the Courts of Cambodia
- (viii) International Crimes Division of the High Court of Uganda
- (ix) International Crimes Tribunals, Bangladesh
- (x) Extraordinary African Chambers in the Senegalese courts
- (xi) Kosovo International Crimes Tribunal
- V Conclusion
- Further Reading
- 10 Immunity and Inviolability
- I Introduction
- II General
- III The Content of Immunity and Inviolability
- IV Immunity Ratione Personae and Inviolability
- V Immunity Ratione Materiae
- VI Conclusion
- Further Reading
- 11 Statutory Limitation and Amnesty
- 9 Substantive Law, Jurisdiction, Prosecution, and Courts
- International Criminal Courts
- 12 The International Criminal Tribunals for the Former Yugoslavia and Rwanda and Their Residual Mechanism
- 13 The Special Court for Sierra Leone and Residual Special Court for Sierra Leone
- 14 The International Criminal Court
- Municipal Law and Courts
- Part One Foundational Concepts and Principles
- Further Material