Title: Elements of crimes under international law /
Authors: Boas, Gideon.; Bischoff, James L.; Reid, Natalie L.; Bischoff, James L.,
Publisher: Cambridge University Press,
Year: 2008
Subjects: International crimes.; Crimes against humanity.; Genocide.; War crimes.
Abstract: Volume II of the International Criminal Law Practitioner Library series focuses on core categories of international crimes: crimes against humanity, genocide, and war crimes. The authors present a comprehensive critical review of the law on the elements of these crimes and their underlying offenses, and examine how they interact with the forms of responsibility discussed in Volume I. They also consider the effect of the focus in early ICTY and ICTR proceedings on relatively low-level accused for the development of legal definitions that are sometimes ill-suited for leadership cases, where the accused had little or no physical involvement in the crimes. The book's main focus is the jurisprudence of the ad hoc Tribunals, but the approaches of the ICC and the various hybrid tribunals are also given significant attention. The relevant jurisprudence up to 1 December 2007 has been surveyed, making this a highly useful and timely work. Comprehensive review of jurisprudence, including key recent judgments and decisions, providing a one-stop reference tool on elements of crimes under international criminal law. Clarifies what can be a poorly defined and complicated area of law. Annex sets forth each element of the crimes under the jurisdiction of the ad hoc Tribunals, and sample combinations of crimes with each form of responsibility are provided, the first time this has been done--Publisher's description.
Contents: Foreword / John Dugard -- Table of authorities -- 1. An overview of crimes under international law -- Legal sources for definitions of crimes under international law -- Structure of crimes under international law -- 2. Crimes against humanity -- Evolution of crimes against humanity -- Elements of crimes against humanity -- Underlying offenses -- Crimes against humanity in the International Criminal Court and Internationalized Tribunals -- 3. Genocide -- Evolution of genocide as an international crime -- Elements of genocide -- Underlying offenses -- Elements of conspiracy to commit genocide -- Elements of direct and public incitement to commit genocide -- Elements of attempt to commit genocide -- Genocide in the International Criminal Court and Internationalized Tribunals -- 4. War crimes -- Evolution of war crimes -- Elements of war crimes -- Underlying offenses -- War crimes in the International Criminal Court and Internationalized Tribunals -- 5. Cumulative convictions and sentencing -- Cumulative and alternative charging -- Cumulative convictions -- Sentencing -- 6. Conclusion -- The content and context of international crimes -- The relative importance of the crimes in the different courts and tribunals -- Variations in the definitions of crimes in the different courts and tribunals -- The need for a more coherent conviction and sentencing practice -- Annex : Elements of core international crimes and sample combinations with forms of responsibility -- Common underlying offenses -- Crimes against humanity -- Genocide and related crimes -- War crimes -- Sample combinations of elements of crimes and forms of responsibility.