基本説明
国際刑事法廷や各国の国内裁判所で適用される国際刑法を実体法・手続法の両面から初めて総合的に捉えた法令注釈資料。
The Experience of International and National Courts. Vol. 1: Commentary. Vol. 2: Documents and Cases.
Full Description
This unique two-volume work seeks for the first time to address in a comprehensive fashion both substantive and procedural aspects of international criminal law as applied by international and national courts. Substantive topics include individual criminal responsibility, genocide, war crimes, crimes against humanity, crimes against UN and associated personnel, core crimes and defenses, while procedural aspects include the right of suspects and accused, the protection of victims and witnesses, and pre-trial, trial and appeal procedures and practices. In addressing these subjects the work focuses on the practical application of the relevant norms and provides both detailed commentaries by experts in the field (Commentary volume), as well as the underlying documentation for each of the topics addressed (Documents and Cases volume). With the establishment of the International Criminal Court, the experiences of other international courts, notably the ad hoc tribunals for the former Yugoslavia and Rwanda as well as their predecessors, in addressing these issues are of great value and this work is intended to assist practitioners and scholars alike.Additionally, because national courts still have a vital role to play in the application of these norms, attention is given to prosecutions in national jurisdictions. With this work the editors seek both to assist the reader in understanding these important concepts as well as to provide the background documentation such that the reader can conduct his or her own research and come to his or her own conclusions.
Contents
Volume ISwaak-Goldman. 1. Individual Criminal Responsibility in International Criminal Law; K. Ambos. 2. The Crime ofAggression; B.B. Ferencz. 3. Grave Breaches of the 1949 Geneva Convention; H. Fischer. 4. Violations of the Laws or Customs of War; G.H. Aldrich. 5. Genocide: A Crime Against Mankind; D.D. Ntanda Nsereko. 6. Crimes Against Humanity; O. Swaak-Goldman. 7. Overlapping Crimes. A. Murder/Wilful Killing; G. Heine, H. Vest. B. Torture and Other Offenses Involving the Violation of the Physical or Mental Integrity of the Human Person; A. Byrnes. C. Persecution; O. Swaak-Goldman. D. the Context of Sexual Violence: Sexual Violence as Violations of International Humanitarian Law; P. Viseur Sellers. 8. Crimes Against United Nations and Associated Personnel; M.-C. Bourloyannis-Vrailas. 9. Defences; Y. Dinstein. 10. National Courts and the Prosecution of War Crimes; R. Wedgwood. 11. Rights of Suspects and Accused; M. Wladimiroff. 12. The Protection of Victims and Witnesses; C. Chinkin. 13. Pre-Trial Procedures and Practices; L. Chand Vohrah. 14. Trial Procedures and Practices; G.K. McDonald. 15. Appeal Procedures and Practices; A.G. Karibi-Whyte. Volume II: Dedication. Introduction; G.K. McDonald, O. Swaak-Goldman. Acknowledgements. Part 1: Documents. A. International. B. Regional. C. Municipal. Part 2: Cases. A. International. B. Regional. C. Municipal.
