International Criminal Law: Cases and Commentary

International Criminal Law: Cases and Commentary


By (author) Antonio Cassese, By (author) Guido Acquaviva, By (author) Mary De Ming Fan, By (author) Alex Whiting

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  • Publisher: Oxford University Press
  • Format: Paperback | 648 pages
  • Dimensions: 170mm x 241mm x 33mm | 1,021g
  • Publication date: 1 May 2011
  • Publication City/Country: Oxford
  • ISBN 10: 0199576785
  • ISBN 13: 9780199576784
  • Sales rank: 256,111

Product description

International Criminal Law: Cases and Commentary presents a concise and comprehensive explanation of the development of major areas in substantive international criminal law, through a selection of key illustrative cases from domestic and international jurisdictions. The focus is on the law related to individual criminal liability for war crimes, crimes against humanity, genocide and aggression, with specific attention paid to sources of international criminal law, fundamental principles of criminal responsibility and defences. Under the supervision of Antonio Cassese, the concisely-edited decisions presented in this casebook are accompanied by a short introduction setting out the circumstances of the case and a brief commentary on the importance of the decisions and principles illustrated, with cross-references to other relevant decisions on similar issues. At the end of each section, final remarks are added, together with thought-provoking questions and additional readings. International Criminal Law: Cases and Commentary focuses on the most relevant cases before international jurisdictions today and hard-to-find, domestic decisions that are highly relevant for the present and future development of international criminal justice. The volume is an important source for students and academics in the fields of public international law and international criminal law as well as a concise, interesting and instructive resource for practitioners, policy makers and staff of international organisations dealing with international justice.

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Author information

Alex Whiting is currently an Assistant Clinical Professor of Law at Harvard Law School. Before joining the Harvard faculty in 2007, he was a senior trial attorney at the International Criminal Tribunal for the former Yugoslavia, where he was lead prosecution counsel for several trials. Before going to The Hague, he was a prosecutor with the Department of Justice in the United States for ten years in the Criminal Section of the Civil Rights Division in Washington D.C and the U.S Attorney's Office in Boston, Massachusetts. Professor Whiting received his J.D from Yale Law School and his B.A from Yale University.

Review quote

The volume's Chapters..contain more than thematically catalogued extracts from judicial decisions - they include learned introductions to the subject matter and commentaries on cases referred to, questions for discussion and bibliographies, which prompt readers to independently analyse the quoted texts and to undertake independent research of ICL..indispensable reading for all interested students or practitioners of ICL, irrespective of their professional background as lawyers from a common, civil, Islamic or other legal system. Sergey Sayapin, Global Law Books I strongly endorse this latest and invaluable addition to the development and study of international criminal law and commend its contribution to ensuring that this discourse is accessible and understandable. Judge O-Gon Kwon, Vice President, UN International Criminal Tribunal for the Former Yugoslavia Judge Cassese has shepherded another concise and comprehensive practice-oriented explanation of the development of the major substantive areas of international criminal law...Professors in search of a concise, fast-moving, and contemporary snapshot of ICL are strongly encouraged to consider this well-written, and superbly documented, coverage of a subset of International Law - now enhanced by the availability of this excellent textbook. ASIL

Table of contents

I: SOURCES AND PRINCIPLES OF INTERNATIONAL CRIMINAL LAW ; 1. Sources of International Criminal Law ; 2. The Fundamental Principles of International Criminal Law ; II: CRIMES ; Introduction ; 1. War Crimes ; 2. Crimes against Humanity ; 3. Genocide ; 4. Aggression ; 5. Torture ; 6. Terrorism ; 7. Piracy ; III: FORMS OF RESPONSIBILITY ; Introduction ; 1. Commission ; 2. Joint Criminal Enterprise ; 3. Co-perpetration ; 4. Planning ; 5. Ordering ; 6. Aiding and Abetting ; 7. Incitement to Commit Genocide ; 8. Superior Responsibility ; IV: CIRCUMSTANCES EXCLUDING CRIMINAL RESPONSIBILITY ; Introduction ; 1. Justifications: Self Defence ; 2. Excuses ; V: JURISDICTIONAL AND PROCEDURAL ISSUES ; Introduction ; 1. Primacy v. Complementarity ; 2. State Cooperation ; 3. Surrender and Arrests ; 4. Trial Procedures