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PART Ⅰ SOURCES AND PRINCIPLES OF INTERNATIONAL CRIMINAL LAW
Introduction
1. SOURCES OF INTERNATIONAL CRIMINAL LAW
(A) International Custom and the Value of Precedents
ICTY, Prosecutor v. Tadic, Appeals Chamber, Jurisdiction Decision,2 October 1995
ICTY, Prosecutor v. Kupreskic et al., Trial Chamber, Judgment of 14 January 2000
ICTY, Prosecutor v. Aleksovski, Appeals Chamber, Judgment of 24 March 2000
Commentary
Questions
Further Reading
(B) Treaties and Instruments Establishing International Tribunals
IMT Nuremberg, Goring et al., Judgment of 30 September-1 October 1946
ICTY, Prosecutor v. Delalic et al. (Celebici case), Trial Chamber,Judgment of 16 November 1998
Commentary
Questions
Further Reading
(C) General Principles of Law
ICTY, Prosecutor v. Erdemovic, Appeals Chamber, Judgment of 7 October 1997 (Joint Separate Opinion of Judge McDonald and Judge Vorah)
ICTY, Prosecutor v. Furundzija, Trial Chamber, Judgment of 10 December 1998
Commentary
Questions
Further Reading
(D) International Criminal Law and Human Rights
ICTY, Prosecutor v. Kupreskic et al., Trial Chamber, Judgment of 14 January 2000
STL, In re Hariri, President, Order on Conditions of Detention,21 April 2009
ICC, Situation in the Democratic Republic of the Congo, Pre-Trial Chamber I, Decision on the Applications for Participation in the Proceedings of VPRS 1, VPRS 2, VPRS 3, VPRS 4, VPRS 5 and VPRS 6, 17 January 2006
ICTR, Prosecutor v. Rwamakuba, Trial Chamber, Decision on Appropriate Remedy, 31 January 2007
Commentary
Questions
Further Reading
2. THE FUNDAMENTAL PRINCIPLES OF INTERNATIONAL CRIMINAL LAW
(A) Nullum Crimen Sine Lege
The Notion and Its Origins
IMT Nuremberg, Goring et al., Judgment of 30 September-1 October 1946
International Military Tribunal for the Far East, US et al., v. Araki et al.,Separate Opinion of Bernard Victor Aloysius Roling, 12 November 1948
International Military Tribunal for the Far East, US et al. v. Araki et al.,Separate Opinion of Radhabinod Pal, 12 November 1948
Commentary
SCSL, Prosecutor v. Norman, Appeals Chamber, Decision on Preliminary Motion Based on Lack of Jurisdiction, 31 May 2004
Corollary Principles: Specificity, Non-Retroactivity and Non-Extension by Analogy
European Court of Human Rights, Kononov v. Latvia, App. No. 36376/04,Grand Chamber, Judgment of 17 May 2010
ICTY, Prosecutor v. Milutinovic et al., Decision on Dragoliub Ojdanic's Motion Challenging Jurisdiction - Joint Criminal Enterprise, 21 May 2003
Commentary
Questions
Further Reading
(B) Immunities
The Notion and Its Origins
Functional Immunities
Israel, Eichmann v. Attorney-General, Supreme Court, Judgment of 29 May 1962
United Kingdom, R v. Bow Street Stipendiary Magistrate (Bartle) ex parte Pinochet Ugarte (No. 3), House of Lords, Judgment of 24 March 1999
USA, Matar v. Dichter, US Court of Appeals for the Second Circuit,Decision of 16 April 2009
Commentary
Personal Immunities
Spain, Fidel Castro, Audiencia Nacional (Central Criminal Court),Decision of 4 March 1999
France, Gaddafi case, Cour de cassation, Judgment of 13 March 2001
Belgium, Sharon and Yaron, Cour de cassation, Judgment of 12 February 2003
SCSL, Prosecutor v. Taylor, Appeals Chamber, Decision on Immunity from Jurisdiction, 31 May 2004
Commentary
Other Sources of'Immunities'
ICTY, Prosecutor v. Karadzic, Decision on Karadzic's Appeal of Trial Chamber's Decision on Alleged Holbrooke Agreement, 12 October 2009
Questions
Further Reading
(C) Ne Bis In Idem
The Notion and Its Origins
ICTY, Prosecutor v. Tadic, Trial Chamber, Decision on the Defence Motion on the Principle of Non-Bis-In-Idem, 14 November 1995
ICTY, Prosecutor v. Karadzic, Trial Chamber, Decision on the Accused's Motion for a Finding on Non-Bis-In-Idem, 16 November 2009
Commentary
The Complexity of Multiple Sovereigns
Amnesty and Ne Bis In Idem
ECCC, Decision on Appeal Against Provisional Detention Order of Ieng Sary, 17 October 2008
Commentary
Questions
Further Reading
PART Ⅱ CRIMES
Introduction
1. WAR CRIMES
(A) The Notion and Its Origins
(B) Grave Breaches
(C) War Crimes in Non-International Armed Conflicts
(D) Link with the Armed Conflict
(E) Categories of War Crimes
(F) War Crimes Committed by Civilians
Superior Military Government Court of the French Occupation Zone in Germany, Rochling et al., Judgment of 25 January 1949
Israel, Enigster, Tel-Aviv District Court, Judgment of 4 January 1952
Commentary
(G) Violations of the Rules on the Conduct of Warfare
Means of Warfare
Japan, Shimoda et al. v. the State, Tokyo District Court, Judgment of 7 December 1963
Commentary
Methods of Warfare
USA, US v. Calley, Court of Military Appeals, Judgment of 21 December 1973
ICTY, Prosecutor v. Galict Trial Chamber, Judgment of 5 December 2003
Commentary
Questions
Further Reading
2. CRIMES AGAINST HUMANITY
(A) The Notion and Its Origins
IMT Nuremberg, Goring et al., Judgment 30 September-1 October 1946 (Streicher, von Schirach)
US Military Tribunal Sitting in Nuremberg, US v. Altstotter et al.(Justice Trial), Judgment of 3-4 December 1947
ICTY, Prosecutor v. Tadic, Trial Chamber, Judgment of 7 May 1997
Commentary
(B) The Perpetrators and the Victims
US Military Tribunal Sitting in Nuremberg, US v. Greifelt et al. (RuSHA Trial), Judgment of 10 March 1948
France, Papon case, Cour de cassation, Judgment of 23 January 1997
ICTY, Prosecutor v. Limaj et al., Trial Chamber, Judgment of 30 November 2005
France, Barbie case, Cour de cassation, Judgment of 20 December 1985
ICTY, Prosecutor v. Martic, Appeals Chamber, Judgment of 8 October 2008
Commentary
(C) The 'Chapeau' Elements
ICTY, Prosecutor v. Kunarac et al., Appeals Chamber, Judgment of 12 June 2002
Commentary
(D) The Specific Crimes Within Crimes Against Humanity
ICTY, Prosecutor v. Kupreskic et al., Trial Chamber, Judgment of 14 January 2000
ICTR, Nahimana et al. v. Prosecutor (the Media case), Appeals Chamber,Judgment of 28 November 2007
ICTY, Prosecutor v. Kunarac et al., Trial Chamber, Judgment of 22 February 2001
Commentary
Questions
Further Reading
3. GENOCIDE
(A) The Notion and Its Origins
(B) The Elements of Genocide
The Underlying Acts
ICTR, Prosecutor v. Akayesu, Trial Chamber, Judgment of 2 September 1998
Commentary
Protected Groups
ICTY, Prosecutor v. Krstic, Trial Chamber, Judgment of 2 August 2001
Commentary
Genocidal Intent
ICTY, Prosecutor v. Jelisic, Trial Chamber, Judgment of 14 December 1999
ICTY, Prosecutor v. Jelisic, Appeals Chamber, Judgment of 5 July 2001
ICTY, Prosecutor v. Krstic, Trial Chamber, Judgment of 2 August 2001
Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General, 25 January 2005 (UN Doc. S/2005/60)
Commentary
(C) Cultural Genocide?
Germany, Jorgic case, Federal Court of Justice (Bundesgerichtshof),Judgment of 30 April 1999
(D) Prevention of Genocide vs. Complicity in Genocide
ICJ, Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro),Judgment of 26 February 2007
(E) Domestic Implementation
Australia, Nulyarimma v. Thompson, Federal Court of Australia, Judgment of 1 September 1999
Questions
Further Reading
4. AGGRESSION
US Military Tribunal Sitting in Nuremberg, US v. von Weizsacker et al.(Ministries case), Judgment of 11-13 April 1949
US Military Tribunal Sitting in Nuremberg, US v. von Leeb et al.(High Command case), Judgment of 27 October 1948
Commentary
US Military Tribunal Sitting in Nuremberg, US v. Krauch et al.(I.G. Farben case), Judgment of 30 July 1948
Commentary
United Kingdom, R v. Jones, House of Lords, Judgment of 29 March 2006
Commentary
Questions
Further Reading
5. TORTURE
(A) Overview: The Practice and the Prohibition
(B) Elements of the Crime of Torture
Severity of Pain or Suffering
ICTY, Prosecutor v. Brdanin, Appeals Chamber, Judgment of 3 April 2007
Commentary
Public Official as Actor
ICTY, Prosecutor v. Kunarac, Trial Chamber, Judgment of 22 February 2001
Commentary
Intent and Purpose
ICTY, Prosecutor v. Kunarac, Appeals Chamber, Judgment of 12 June 2002
Commentary
(C) Necessity?
Israel, Legality of the General Security Service Interrogation Methods, Supreme Court, Judgment of 6 September 1999
Commentary
Germany, Daschner Wolfgang and E. case, Regional Court (Landgericht) of Frankfurt am Main, Decision of 20 December 2004
Questions
Further Reading
6. TERRORISM
(A) The Notion and Its Origins
(B) Outlawing Terrorist Acts
(C) Criminalizing Terrorism
Lebanon, In re Dany Chamoun et al., Judicial Council, Judgment No. 5/1995 of 24 June 1995
USA, US v. Fawaz Yunis, US Court of Appeals, District of Columbia Circuit, Judgment of 29 January 1991
(D) Terrorists and International Humanitarian Law
USA, Hamdan v. Rumsfeld, Supreme Court, Judgment of 29 June 2006
Italy, Bouyahia Maker Ben Abdelaziz et al., Supreme Court, Judgment No. 1072 of 17 January 2007
Commentary
Questions
Further Reading
7. PIRACY
USA, US v. Smith, Supreme Court, Judgment of 25 February 1820
USA, The Ambrose Light, Federal District Court of New York, Judgment of 30 September 1885
United Kingdom, In Re Piracy Iure Gentium, Judicial Committee of the Privy Council, Judgment of 26 July 1934
Kenya, Hassan M. Ahmed et al. v. Republic, High Court of Kenya, Judgment of 12 May 2009
Commentary
Questions
Further Reading
PART Ⅲ FORMS OF RESPONSIBILITY
Introduction
1. COMMISSION
USA, US v. Potter, US Navy Board of Review, Judgment of 5 June 1968
ICTR, Gacumbitsi v. Prosecutor, Appeals Chamber, Judgment of 7 July 2006
Commentary
Questions
Further Reading
2. JOINT CRIMINAL ENTERPRISE
ICTY, Prosecutor v. Tadic, Appeals Chamber, Judgment of 15 July 1999
ICTY, Prosecutor v. Brdanin, Appeals Chamber, Judgment of 3 April 2007
ICTY, Prosecutor v. Martic, Appeals Chamber, Judgment of 8 October 2008
Commentary
Questions
Further Reading
3. CO-PERPETRATION
ICC, Prosecutor v. Lubanga, Pre-Trial Chamber, Decision on the Confirmation of Charges of 29 January 2007
Commentary
ICC, Prosecutor v. Katanga and Chui, Pre-Trial Chamber, Decision on the Confirmation of Charges of 30 September 2008
Questions
Further Reading
4. PLANNING
ICTY, Prosecutor v. Kordic and Cerkez, Trial Chamber, Judgment of 26 February 2001 and Appeals Chamber, Judgment of 17 December 2004
ICTY, Prosecutor v. Dragomir Milosevic, Appeals Chamber, Judgment of 12 November 2009
Commentary
Questions
Further Reading
5. ORDERING
(A) Overview
(B) Must the Order Be Executed?
USA, Court-Martial of General Jacob H. Smith, 3 March 1903
Commentary
(C) Mens Rea
ICTY, Prosecutor v. Blaskic, Trial Chamber, Judgment of 3 March 2000
ICTY, Prosecutor v. Blaskic, Appeals Chamber, Judgment of 29 July 2004
Commentary
Questions
Further Reading
6. AIDING AND ABETTING
Federal Republic of Germany, S. and others (Hechingen and Haigerloch Deportation case), Tribunal (Landgericht) Hechingen, Judgment of 28 June 1947
Federal Republic of Germany, S. and others (Hechingen and Haigerloch Deportation case), Court of Appeal (Oberlandesgericht) Tubingen,Judgment of 20 January 1948
US Military Tribunal Sitting in Nuremberg, US v. Ernst von Weizsacker et al., (Ministries case), Judgment of 11-13 April 1949
Commentary
ICTY, Prosecutor v. Furundzija, Trial Chamber, Judgment of 10 December 1998
USA, Khulumani v. Barclay National Bank Ltd. et al., US Court of Appeals for the Second Circuit, Judgment of 12 October 2007
Questions
Further Reading
7. INCITEMENT TO COMMIT GENOCIDE
(A) The Notion and Its Origins
(B) The Meaning of Direct and Public Incitement
ICTR, Nahimana et al. v. Prosecutor (Media case), Appeals Chamber,Judgment of 28 November 2007
ICTR, Prosecutor v. Bikindi, Trial Chamber, Judgment of 2 December 2008
Commentary
(C) Intent and Causation
Canada, Mugesera v. Canada (Minister of Citizenship and Immigration),Judgment of 28 June 2005
Commentary
Questions
Further Reading
8. SUPERIOR RESPONSIBILITY
(A) The Notion
(B) A Controversial Start
US Military Commission in Manila, Trial of General Tomoyuki Yamashita,Case No. 21, US Military Commission, Manila,8 October-7 December 1945
USA, In re Application of Yamashita, Supreme Court, Judgment of 4 February 1946
Commentary
(C) Crystallization and Codification
(D) Elements
Subordination: Effective Command and Control
ICTY, Prosecutor v. Hadzihasanovic, Appeals Chamber, Judgment of 22 April 2008
SCSL, Prosecutor v. Brima (AFRC case), Appeals Chamber, Judgment of 22 February 2008
Commentary
Mens Rea
ICTY, Prosecutor v. Strugar, Appeals Chamber, Judgment of 17 July 2008
Commentary
Actus Reus: Omission
ICTY, Prosecutor v Strugar, Appeals Chamber, Judgment of 17 July 2008
Commentary
Questions
Further Reading
PART Ⅳ CIRCUMSTANCES EXCLUDING CRIMINAL RESPONSIBILITY
Introduction
1. JUSTIFICATIONS: SELF-DEFENCE
US General Military Court in Ludwigsburg (Germany),Erich Weiss and Wilhelm Mundo, Decision of 10 November 1945,Report of the Judge Advocate
Commentary
Questions
Further Reading
2. EXCUSES
(A) Superior Orders
Germany, LLandovery Castle case (Dithmar and Boldt case), Supreme Court(Reichsgericht) at Leipzig, Judgment of 16 July 1921
US Military Commission, Csihas et al., Report of the Judge Advocate,September 1946
Italy, Kappler et al., Military Tribunal, Judgment No. 631 of 20 July 1948
Israel, Jamal Abd El-Kader Mahmud et al. v. The Military Advocate General et al. (Meir case), Supreme Court, Judgment of 27 December 1989
Commentary
Questions
Further Reading
(B) Duress
US Military Tribunal Sitting in Nuremberg, US v. Ohlendorf et al.(Einsatzgruppen case), Judgment of 10 April 1948
ICTY, Prosecutor v. Erdemovic, Appeals Chamber, Judgment of 7 October 1997
East Timorese Transitional Administration, Prosecutor v. Leki, Special Panels for Serious Crimes (SPSC), Judgment of 11 June 2001 (English original)
Questions
Further Reading
(C) Necessity
US Military Tribunal Sitting in Nuremberg, US v. Flick et al., Judgment of 22 December 1947
Federal Republic of Germany, Sch. and Dr. L. (Gestapo members case), German Federal High Court (Bundesgerichtshof), Judgment of 14 October 1952
Israel, Eichmann v. Attorney General, Supreme Court, Judgment of 29 May 1962
France, Touvier case, Court of Appeal, Versailles, Judgment of 2 June 1993
Commentary
Questions
Further Reading
(D) Mistake of Fact
USA, US v. Schwarz, Navy Court of Military Review, Judgment of 29 October 1971
Commentary
USA, US v. McMonagle, US Court of Military Appeals, Judgment of 27 September 1993
Commentary
Federal Republic of Germany, Polish prisoner of war case, Federal Court of Justice (Bundesgerichtshof), Judgment of 12 December 1950
Questions
Further Reading
(E) Mistake of Law
Germany, Llandovery Castle case (Dithmar and Boldt case), Supreme Court (Reichsgericht) at Leipzig, Judgment of 16 July 1921
Netherlands, In re Wintgen, Special Court of Cassation, Judgment of 6 July 1949
Netherlands, B., Court Martial, Judgment of 2 January 1951
Federal Republic of Germany, Sch. and Dr. L. (Gestapo members case)Federal High Court (Bundesgerichtshof), Judgment of 14 October 1952
Questions
Further Reading
(F) Mental Disorder
Germany, Stenger and Crusius, German Imperial Court (Reichsgericht)in Leipzig, Judgment of 6 July 1921
Commentary
Questions
Further Reading
(G) Tu Quoque
IMT Nuremberg, Goring et al, Judgment of 30 September-1 October 1946 (Donitz)
ICTY, Prosecutor v. Kupreskic, Trial Chamber, Judgment of 14 January 2000
ICTY, Prosecutor v. Martic, Appeals Chamber, Judgment of 8 October 2008
Questions
Further Reading
PART Ⅴ JURISDICTIONAL AND PROCEDURAL ISSUES
Introduction
1. PRIMACY VERSUS COMPLEMENTARITY
ICTR, Prosecutor v. Kanyabashi, Trial Chamber, Decision on the Defence Motion on Jurisdiction, 18 June 1997
ICTR, In the Matter of Theoneste Bagosora, Trial Chamber, Decision on the Application by the Prosecutor for a Formal Request for Deferral, 17 May 1996
ICC, Prosecutor v. Kony et al., Pre-Trial Chamber, Decision on the Admissibility of the Case under Article 19(1) of the Statute, 10 March 2009
Commentary
2. STATE COOPERATION
ICTY, Prosecutor v. Blaskic, Appeals Chamber, Judgment on the Request of the Republic of Croatia for Review of the Decision of Trial Chamber II of 18 July 1997, 29 October 1997
ICTY, Prosecutor v. Dokmanovic, Trial Chamber, Decision on the Motion for Release by the Accused Slavko Dokmanovic, 22 October 1997
Commentary
3. SURRENDER AND ARRESTS
(A) Relations Between International Tribunals and Domestic Courts
ICTY, Prosecutor v. Martic, Trial Chamber, Decision on the Prosecution's Motion to Request Leave to File a Corrected Amended Indictment, 13 December 2002
ICTY, Prosecutor v. Nikolic, Appeals Chamber, Decision on Interlocutory Appeal Concerning Legality of Arrest, 5 June 2003
Commentary
(B) Interstate Relations
Italy, Adler and 32 others (Abu Omar case), Milan Single Judge, Verdict of 4 November 2009, Reasons Filed on 1 February 2010
Commentary
4. TRIAL PROCEDURES
ICTY, Prosecutor v. Limaj et al., Trial Chamber, Decision on the Prosecution's Motions to Admit Prior Statements as Substantive Evidence, 25 April 2005
ICC, Prosecutor v. Lubanga Dyilo, Trial Chamber, Decision Regarding the Practices Used to Prepare and Familiarise Witnesses for Giving Testimony at Trial, 30 November 2007
Commentary
Questions
Further Reading
Index
