An Introduction to the Law of International Criminal Tribunals

Abstract

Excerpt of table of contents: Chapter I International Criminal Tribunals: Distinctions and Main Features 1. Values and Goals of ICTs 2. The ICTY and ICTR 3. The Origin and Character of the ICC 4. The Emerging Concept of ad hoc Internationalized or Mixed Courts 5. Conclusions: The Legitimacy of ICTs: Selective Enforcement Mechanisms? Chapter II Defining International Crimes 1. Introduction 2. The Proliferation of the Crime of Genocide within the Law of the Tribunals 3. Proliferation of ICTY-ICTR Case Law on the Crime of Genocide 4. The ICTY-ICTR Statutory and Jurisprudential Elements of the Crime of Genocide 5. Crimes against Humanity before ICTs 6. The Concept of War Crimes before ICTs Chapter III The ICC Crime of Aggression: Proliferation or Politicization of International Criminal Law? 1. Introduction 2. Defining the Crime of Aggression 3. Pitfalls of the Jurisdictional Mechanism on the Crime of Aggression 4. The Crime of Aggression and its Impact on Liability Modes 5. Implementation of the Crime of Aggression at Domestic Level 6. Conclusion Chapter IV Jurisdiction and Complementarity 1. Introduction 2. Jurisdiction 3. Admissibility Chapter V Criminal liability Principles Envisioned by ICTs 1. Introduction: Emergence of General Principles 2. Actus Reus and Mens Rea 3. Liability Modes in International Criminal Law Chapter VI International Criminal Law Defenses 1. Introduction 2. Procedural Defenses 3. Duress and Necessity as Defenses before ICTs 4. The Limited Scope of the Defense of Superior Orders under the Law of ICTs 5. The Defenses of Mental Insanity, Diminished Responsibility and Intoxication before ICTs 6. The Jurisprudential and Statutory Self-Defense under the Laws of ICTs 7. Alibi Defenses Chapter VII General Principles of Criminal Evidence envisioned by ICTs 1. Procedural Nature and Characteristics of Proceedings before ICTs 2. Contemporary Procedural Pre-Trial Aspects of ICTs 3. Contemporary Procedural Trial Aspects of ICTs Chapter VIII Principles of Criminal Evidence before ICTs 1. Requisite Standards of Proof before ICTs 2. Requisite Standards of Proof before ICTs 3. Disclosure of Evidence 4. Admissibility of Evidence 5. Presentation and appreciation of evidence by ICTs Chapter IX Due Process Principles before ICTs 1. Introduction 2. Definition of Due Process Rights Relevant to ICTs 3. The Influx of Common Standards of Due Process to ICTs Chapter X International State Cooperation with ICTs: Obtaining Evidence Abroad 1. International State Cooperation with ICTs Obtaining Evidence Abroad Chapter XI The International Criminal Court within the Geopolitical World Order 1. Introduction 2. Geopolitical Effect of ICC Prosecutions 3. The Position of Superpowers vis-a-vis the ICC 4. Conclusion Chapter XII Trials in Absentia 1. Introduction 2. Trials in Absentia