An introduction to international criminal law and procedure

목차 (Table of Contents)

• CONTENTS
• Preface to the Fourth Edition = xv
• Table of International Cases = xvii
• Table of National Cases = liv
• List of Abbreviations = lxi
• List of Abbreviations of Book Titles = lxv
• Part Ⅰ Introduction = 1
• 1 Introduction : What is International Criminal Law? = 3
• 1.1 Meaning of international criminal law = 3
• 1.2 Other concepts of international criminal law = 5
• 1.3 Sources of international criminal law = 8
• 1.4 International criminal law and other areas of law = 13
• 1.5 A body of criminal law = 17
• 1.6 International criminal law and philosophy = 22
• Further Reading = 26
• 2 The Aims, Objectives and Justifications of International Criminal Law = 28
• 2.1 Introduction = 28
• 2.2 What international criminal justice is for = 30
• 2.3 Broader goals = 38
• 2.4 Other critiques of criminal accountability = 43
• Further Reading = 45
• Part Ⅱ Prosecutions in National Courts = 47
• 3 Jurisdiction = 49
• 3.1 Introduction = 49
• 3.2 Forms of jurisdiction = 49
• 3.3 Conceptual matters = 51
• 3.4 'Traditional' heads of jurisdiction = 52
• 3.5 Universal jurisdiction = 56
• Further Reading = 68
• 4 National Prosecutions of International Crimes = 69
• 4.1 Introduction = 69
• 4.2 National prosecutions = 69
• 4.3 State obligations to prosecute or extradite = 74
• 4.4 Domestic criminal law and criminal jurisdiction = 78
• 4.5 Statutory limitations = 82
• 4.6 Non-retroactivity principle = 84
• 4.7 Ne bis in idem or double jeopardy = 85
• 4.8 Practical obstacles to national prosecutions = 87
• Further Reading = 88
• 5 State Cooperation with Respect to National Proceedings = 89
• 5.1 Introduction = 89
• 5.2 International agreements and other bases of cooperation = 90
• 5.3 Some basic features = 92
• 5.4 Extradition = 98
• 5.5 Mutual legal assistance = 107
• 5.6 Transfer of proceedings = 109
• 5.7 Enforcement of penalties = 110
• Further Reading = 110
• Part Ⅲ International Prosecution = 113
• 6 The History of International Criminal Prosecutions : Nuremberg and Tokyo = 115
• 6.1 Introduction = 115
• 6.2 Commission on the responsibility of the authors of the war = 115
• 6.3 Nuremberg International Military Tribunal = 116
• 6.4 Tokyo International Military Tribunal = 120
• 6.5 Control Council Law No. 10 trials and military commissions in the Pacific sphere = 125
• Further Reading = 125
• 7 The Ad Hoc International Criminal Tribunals = 127
• 7.1 Introduction = 127
• 7.2 International Criminal Tribunal for the former Yugoslavia = 127
• 7.3 International Criminal Tribunal for Rwanda = 137
• Further Reading = 142
• 8 The International Criminal Court = 144
• 8.1 Introduction = 144
• 8.2 Creation of the ICC = 144
• 8.3 Structure and composition of the ICC = 146
• 8.4 Crimes within the jurisdiction of the ICC = 147
• 8.5 Jurisdiction = 148
• 8.6 How the Court works : an overview = 151
• 8.7 Complementarity = 155
• 8.8 Gravity = 161
• 8.9 Interests of justice = 162
• 8.10 Cooperation = 163
• 8.11 Opposition to the ICC = 164
• 8.12 Appraisal = 169
• Further Reading = 171
• 9 Other Hybrid and Special Courts = 173
• 9.1 Introduction = 173
• 9.2 Courts established by agreement between a State and an international organization or between States = 176
• 9.3 Courts established by international administration = 188
• 9.4 Courts established by a State with international support = 193
• 9.5 Relationship with the ICC = 198
• 9.6 Concluding remarks = 199
• Further Reading = 201
• Part Ⅳ Substantive Law of International Crimes = 203
• 10 Genocide = 205
• 10.1 Introduction = 205
• 10.2 Protected groups = 210
• 10.3 Material elements = 214
• 10.4 Mental elements = 219
• 10.5 Other modes of participation = 226
• Further Reading = 226
• 11 Crimes Against Humanity = 227
• 11.1 Introduction = 227
• 11.2 Common elements (contextual threshold) = 231
• 11.3 Prohibited acts = 242
• Further Reading = 258
• 12 War Crimes = 259
• 12.1 Introduction = 259
• 12.2 Common issues = 269
• 12.3 Specific offences = 278
• Further Reading = 296
• 13 Aggression = 297
• 13.1 Introduction = 297
• 13.2 Material elements = 303
• 13.3 Mental elements = 311
• 13.4 Prosecution of aggression in the ICC = 312
• Further Reading = 317
• 14 Transnational Crimes, Terrorism and Torture = 319
• 14.1 Introduction = 319
• 14.2 Terrorism = 322
• 14.3 Torture = 334
• Further Reading = 339
• 15 General Principles of Liability = 341
• 15.1 Introduction = 341
• 15.2 Perpetration / commission = 342
• 15.3 Aiding and abetting = 355
• 15.4 Ordering, instigating, soliciting, inducing and inciting = 359
• 15.5 Planning, preparation, attempt and conspiracy = 363
• 15.6 Mental elements = 365
• 15.7 Command / superior responsibility = 368
• Further Reading = 379
• 16 Defences / Grounds for Excluding Criminal Responsibility = 380
• 16.1 Introduction = 380
• 16.2 ICC Statute and defences = 382
• 16.3 Mental incapacity = 383
• 16.4 Intoxication = 384
• 16.5 Self-defence, defence of others and of property = 386
• 16.6 Duress and necessity = 389
• 16.7 Mistake of fact and law = 391
• 16.8 Superior orders = 393
• 16.9 Other defences = 398
• Further Reading = 400
• Part Ⅴ International Criminal Procedure and Sentencing = 403
• 17 International Criminal Procedure = 405
• 17.1 General issues = 405
• 17.2 Actors = 410
• 17.3 Rights = 415
• 17.4 Jurisdiction and admissibility procedures = 420
• 17.5 Investigation = 421
• 17.6 Coercive measures = 424
• 17.7 Prosecution = 426
• 17.8 Pre-Trial Process = 429
• 17.9 Evidentiary rules = 433
• 17.10 Guilty plea and admission of guilt = 435
• 17.11 Trial stage = 436
• 17.12 Appeals and review = 438
• 17.13 Offences against the administration of justice = 441
• 17.14 Concluding remarks = 441
• Further Reading = 443
• 18 Victims in the International Criminal Process = 445
• 18.1 Introduction = 445
• 18.2 Victims and international criminal justice = 446
• 18.3 Definition of victims = 447
• 18.4 Protection of victims and witnesses = 448
• 18.5 Victim participation at the ICC = 451
• 18.6 Reparations to victims = 459
• 18.7 An assessment = 461
• Further Reading = 463
• 19 Punishment and Sentencing = 465
• 19.1 International penal regime = 465
• 19.2 Purposes of punishment = 467
• 19.3 Sentencing practice = 469
• 19.4 Sentencing procedures = 475
• 19.5 Pardon, early release and review of sentence = 476
• 19.6 Enforcement = 477
• Further Reading = 478
• Part Ⅵ Relationship Between National and International Systems = 481
• 20 State Cooperation with the International Courts and Tribunals = 483
• 20.1 Nature of the cooperation regimes = 483
• 20.2 Obligation to cooperate = 485
• 20.3 Non-States Parties, international organizations and other entities = 489
• 20.4 Authority to seek cooperation and rights of parties = 492
• 20.5 Arrest and surrender = 492
• 20.6 Other forms of legal assistance = 495
• 20.7 Domestic implementation = 499
• 20.8 Non-compliance and enforcement = 501
• 20.9 Cooperation and complementarity = 502
• 20.10 Concluding remarks = 503
• Further Reading = 504
• 21 Immunities = 506
• 21.1 Introduction = 506
• 21.2 Functional immunity and its limits = 512
• 21.3 Personal immunity : no exception based on the crimes alleged = 517
• 21.4 Personal immunity : inroads in international courts = 520
• 21.5 Conclusion = 530
• Further Reading = 530
• 22 Alternatives and Complements to Criminal Prosecution = 532
• 22.1 Introduction = 532
• 22.2 Amnesties = 534
• 22.3 Truth commissions = 542
• 22.4 Lustration = 546
• 22.5 Reparations and civil claims = 547
• 22.6 Local justice mechanisms = 548
• Further Reading = 549
• 23 The Future of International Criminal Law = 550
• 23.1 Introduction = 550
• 23.2 International courts and tribunals = 550
• 23.3 National prosecutions of international crimes = 553
• 23.4 Engraining a commitment to accountability = 554
• 23.5 Evolution of substantive international criminal law = 556
• 23.6 The path forward (or back?) = 557
• Index = 560