Suchergebnisse

Defence date: 9 June 2014 ; Examining Board: Professor Martin Scheinin, EUI (Supervisor) Professor Nehal Bhuta, EUI Professor William Schabas, Middlesex University, London Judge Christine Baroness Van den Wyngaert, International Criminal Court. ; This PhD thesis was awarded the Cappelletti Prize. ; Complicity is a criminal law doctrine that attributes responsibility to those who do not physically perpetrate the crime. It is an essential mode of liability for core international crimes because it reaches out to senior political and military leadership. These persons do not usually engage in direct offending, yet in the context of mass atrocities they are often more culpable than foot soldiers. The Statutes of the ad hoc tribunals, hybrid courts and the International Criminal Court expressly provide for different forms of complicity, and domestic legal systems recognize it in one form or another. This is in contrast with alternative modes of liability implied from the Statutes to address the situations with multiple accused removed from the scene of the crime / (in)direct co-perpetration, extended perpetration and the joint criminal enterprise.

Provides a clear account of the main substantive and procedural aspects of international criminal law. Adopting a combination of the classic common law and more theoretical approaches to the subject, it discusses: the historical evolution of international criminal law; the legal definition of the so-called core crimes (war crimes, crimes against humanity, genocide) plus aggression, torture and terrorism; the forms and modes of criminal responsibility; and the main issues related to the prosecution and punishment of international crimes at the national and international level, including amnesties, statutes of limitations, and immunities

Introduction -- Origins of complicity: domestic law intake -- The evolution of complicity as a construction for dealing with collective criminality -- Complicity in the jurisprudence of the ad hoc tribunals and hybrid courts -- Complicity and the hierarchy of the participation modes at the icc -- Complicity in international criminal law and law of state responsibility : comparative analysis -- Correlation between complicity and sentencing -- Conclusion : the place of complicity in international criminal law

The discipline of ICL -- The subjects of international criminal law : ratione personae -- International crimes : ratione materiae -- Principles of criminal responsibility : the general part -- The "indirect enforcement system :" modalities of international cooperation in penal matters -- The "direct enforcement system :" history of international criminal investigations and prosecutions -- The international criminal court : a hybrid "direct enforcement system" -- Mixed models of international criminal justice -- The "procedural part" of ICL : procedural and evidentiary norms applicable to international criminal proceedings -- International criminal justice in the age of globalization -- Reflections on international criminal justice : past and future -- A historical review and quantitative analysis of international criminal justice

AbstractThe author critically analyses in this article the status of incitement in international criminal law. After a discussion of the relevant judgments by the Nuremberg Tribunal and related courts, including German de-Nazification courts, the travaux préparatoires of the Genocide Convention and the case-law of the International Criminal Tribunals, the international approach is criticized, particularly its practice of regarding only direct and public incitement to genocide as inchoate, whilst instigation generally is treated as not inchoate. The author recommends the adoption of an approach modelled on German and Swiss domestic law and argues that instigation per se should also be regarded as an inchoate crime.