The Theory of Criminal Liability and International Criminal Law

Abstract

International criminal law is a relatively young discipline and draws on both international law and criminal law theories. Arguably, the absence of a Dogmatik may prevent the formation of an authentic system of international criminal law. However, the author shows there is room to build a proper theory of criminal liability in international criminal law. He illustrates, through examples and analogies drawn from his own experience, how practice can be usefully guided and interpreted through the lens of legal scholarship. In paying tribute to Antonio Cassese, he argues in favour of a role for scholars and emphasizes the contribution of ‘good’ teaching and open minded research in constructing a system of international criminal law.