Rough justice: Anatomy and interpretation in the exclusion of individual criminal liability in international criminal justice

Dimitris Liakopoulos

doi:10.24862/rcdu.v10i1.1013

Abstract

The present study aims to explore the relationship between the dogmatic conditions of the founding and the exclusion of international individual criminal responsibility. There are few cases in which an International Criminal Court has used previous international jurisprudence to establish a crime of conduct in international customary law, and in any case the importance of international judgments can not be underestimated as a general interpretative tool.

Highlights

The present study aims to explore the relationship between the dogmatic conditions of the founding and the exclusion of international individual criminal responsibility
The impact of politics in the field of international criminal law is clearly increased in relation to a national criminal system-as the former Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY), Louise Arbour has rightly stated:
International criminal law is still far from the elaboration of a general theory of crime, from the analysis of the texts governing the activities of the various international jurisdictions and the jurisprudence emerges the adoption of a bipartite conception of crime, inspired by the dichotomy of Anglo-Saxon tradition between actus reus and mens rea11

Summary

INTRODUCTION1

The impact of politics in the field of international criminal law is clearly increased in relation to a national criminal system-as the former Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY), Louise Arbour has rightly stated:. Greenawalt has, in this regard, pointed out that: “(...) justified action is warranted action; similar actions could properly be performed by others; such actions should not be interfered with by those capable of stopping them; and such actions may be assisted by those in a position to render aid. Some reflections from an ICTY Prosecutor, in International Criminal Law Review, 17 (3), 2017, pp. AMBOS, Treatise on International Criminal Law. Volume I: Foundations and General Part, Oxford University Press, Oxford, 2013, pp. Volume I: Foundations and General Part, Oxford University Press, Oxford, 2013, pp. 97ss

INTERNATIONAL CRIMINAL RESPONSIBILITY

15. See for analysis

13. In the same spirit see

91. See also

16. See also