International Criminal Law Documents

This edited text provides a comprehensive collection of major documents on International Criminal Law, including statutes, treaties, and case law. It is designed for practical use by students and practitioners and is ideal as a companion for study and examination.

Format: Paperback / softback
Length: 462 pages
Publication date: 01 August 2019
Publisher: Cambridge University Press

This meticulously edited text encompasses a comprehensive collection of primary documents related to International Criminal Law, spanning from the early practices following the First World War to the present day. It encompasses the statutes of the ad hoc Tribunals for the former Yugoslavia and Rwanda, as well as the Rome Statute of the International Criminal Court (ICC) and its associated documents, including the elements of crimes that were adopted to assist the Court. Additionally, the book includes the main treaty provisions that serve as the foundation of this subject matter. Authored by a renowned specialist in the field with over twenty years of experience in teaching international criminal law, this book is meticulously designed to serve as a valuable resource for students and practitioners alike. It serves as an ideal companion for both study and examination, providing a comprehensive and practical understanding of the field.

The early practice after the First World War saw the emergence of International Criminal Law, with the Nuremberg and Tokyo International Military Tribunals playing significant roles in establishing the principles and procedures of such law. These tribunals held individuals responsible for war crimes and crimes against humanity, setting a precedent for future international criminal tribunals.

The Nuremberg Tribunals, held from 1945 to 1946, were the first international criminal tribunals to prosecute individuals for war crimes. The trials of prominent **** leaders, such as Adolf ******, Hermann Göring, and Julius Streicher, resulted in their conviction and execution for their roles in the Holocaust and other atrocities. The Tokyo Tribunals, held from 1946 to 1948, were also significant in addressing war crimes committed during World War II. They prosecuted Japanese leaders, including General Hideki Tojo, for their involvement in the Pearl Harbor attack and other atrocities.

The establishment of the International Criminal Court (ICC) in 2002 marked a significant milestone in the development of International Criminal Law. The Rome Statute of the ICC provides a legal framework for the prosecution of individuals for the most serious crimes of international concern, such as genocide, war crimes, and crimes against humanity. The ICC has since conducted several investigations and trials, including those of former Yugoslav President Slobodan Milosevic and Rwandan President Paul Kagame.

The Rome Statute of the ICC includes several important provisions, such as the definition of crimes, the principle of complementarity, and the jurisdiction of the Court. The definition of crimes includes acts that are considered to be the most serious crimes of international concern, such as genocide, war crimes, and crimes against humanity. The principle of complementarity allows the ICC to take jurisdiction over cases where national courts are unable or unwilling to investigate or prosecute such crimes. The jurisdiction of the Court extends to individuals who are responsible for the most serious crimes committed on the territory of a State party to the Rome Statute, regardless of their nationality or location.

In addition to the Rome Statute, the ICC has adopted several important documents that assist in the implementation of its mandate. These include the Elements of Crimes, which provide a detailed description of the specific acts that constitute each crime, and the Rules of Procedure and Evidence, which govern the conduct of investigations and trials before the Court.

The Elements of Crimes are divided into four categories: genocide, crimes against humanity, war crimes, and crimes of aggression. Each category includes specific acts that are considered to be the most serious forms of that crime. For example, genocide includes the intentional killing of a large group of people, including members of a particular ethnic group, religious group, or national group. Crimes against humanity include acts such as torture, sexual violence, and forced displacement. War crimes include acts such as murder, rape, and the use of weapons of mass destruction. Crimes of aggression include acts such as the invasion and occupation of another State's territory.

The Rules of Procedure and Evidence govern the conduct of investigations and trials before the ICC. They provide for the appointment of judges and prosecutors, the conduct of hearings and trials, and the presentation of evidence. The Rules also provide for the protection of witnesses and victims, as well as the right to appeal decisions of the Court.

The ICC has also adopted several important treaties that provide the basis for its work. These include the Genocide Convention, the Convention against Torture, and the Convention on the Prevention and Punishment of the Crime of Genocide. The Genocide Convention prohibits the intentional killing of a large group of people, including members of a particular ethnic group, religious group, or national group. The Convention against Torture prohibits the use of torture and other cruel, inhuman, or degrading treatment or punishment. The Convention on the Prevention and Punishment of the Crime of Genocide provides for the punishment of individuals who commit genocide.

In conclusion, International Criminal Law has evolved significantly since the early practices after the First World War. The Nuremberg and Tokyo International Military Tribunals, the Rome Statute of the ICC, and the associated documents and treaty provisions have played a crucial role in establishing the principles and procedures of such law. The ICC has conducted several investigations and trials, and has adopted important documents and treaties that assist in the implementation of its mandate. These efforts have contributed to the prevention and punishment of the most serious crimes of international concern, and have helped to promote a more just and peaceful world.

Weight: 928g
Dimension: 175 x 246 x 22 (mm)
ISBN-13: 9781108729086