The sources if international criminal law are diverse, frequently not immediately obvious, and complicated by a number of different factors. This makes the mission of identifying and applying international criminal law particularly difficult, needing a lot of effort and energy. Thus, it is important to identify the sources of international criminal
law in order to determine what weight should actually be attached to international treaties, international custom, documents, materials and judicial decisions, which are commonly referred to in the context of individual criminal responsibility in international law.
Table of Contents
1. Sources of International Criminal Law
Objectives & Research Topics
The primary objective of this work is to explore and define the sources of international criminal law by examining the legal frameworks that govern individual responsibility for international crimes. It assesses the role of treaties, international customs, general principles of law, and judicial decisions within the context of both ad hoc tribunals and the International Criminal Court.
- The hierarchical structure and application of international legal sources.
- The significance of individual criminal responsibility in international law.
- The role and authority of judicial decisions from various international and hybrid tribunals.
- The impact of international conventions and customary law on the prosecution of war crimes, genocide, and crimes against humanity.
Excerpt from the Book
Sources of International Criminal Law
‘Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced’1. This is probably the most renowned phrase from the judgement of the International Military Tribunal at Nuremberg. In more than six decades which have passed since the International Military Tribunal judgement was handed down, the recognition and the understanding of the concept of individual responsibility under international criminal law has been significantly reinforced and developed. Particularly, since the establishment of the International Criminal Tribunal for the former Yugoslavia2, the International Criminal Tribunal for Rwanda3, the International Criminal Court4 as well as other hybrid courts or internationalised domestic courts and tribunals5 such as the Special Court for Sierra Leone, the Extraordinary Chambers of Cambodia, Kosovo Regulation 64 panels, East Timor Special Panels for Serious Crimes, the Bosnia War Crimes Chamber, the Special Tribunal for Lebanon, the Iraqi High Tribunal and the Serbian War Crimes Chamber. The concept of individual responsibility under international criminal law has a much higher profile today, than ever before in the history. The rules of international law concerning international crimes and individual responsibility have not always appeared sufficiently clear.
Summary of Chapters
1. Sources of International Criminal Law: This chapter provides an introductory overview of the legal foundations of international criminal law, highlighting the transition from abstract state-level liability to the recognition of individual criminal responsibility through various international tribunals and the International Criminal Court.
Keywords
International Criminal Law, Individual Responsibility, International Criminal Court, Nuremberg Principles, Customary International Law, Treaties, Judicial Decisions, War Crimes, Genocide, Crimes Against Humanity, International Humanitarian Law, Statutes, Ad Hoc Tribunals, Legal Lacunae, General Principles of Law
Frequently Asked Questions
What is the core focus of this publication?
The work primarily focuses on identifying and analyzing the various sources of international criminal law that govern the prosecution of serious crimes on an international level.
What are the central themes discussed in the text?
The central themes include the evolution of individual criminal responsibility, the hierarchy of legal sources as defined by Article 38 of the ICJ Statute, and the persuasive authority of judicial case law.
What is the main research objective?
The primary objective is to clarify how international criminal law is formed and applied, specifically addressing the weight assigned to treaties, customs, and judicial precedents.
Which scientific methodology is employed?
The author employs a legal analytical methodology, examining statutes, international tribunal judgments, and academic discourse to determine the governing sources of international criminal law.
What topics are covered in the main body?
The main body examines the roles of the ICJ and ICC, the function of ad hoc tribunals, the nature of customary international law, and the relevance of national jurisprudence in the international legal sphere.
Which keywords best describe the paper?
Keywords include international criminal law, individual responsibility, ICC, customary law, treaties, and judicial decisions.
How does the author characterize the role of judicial decisions in international law?
The author notes that while judicial decisions are formally described as 'subsidiary' means for the determination of law, they hold significant persuasive authority and are crucial for the development of international criminal jurisprudence.
What is the significance of the Rome Statute in this context?
The Rome Statute is highlighted as a foundational multilateral treaty that provides a specific codification of applicable law and framework for the International Criminal Court's jurisdiction.
- Quote paper
- Pawel Aleksander Kupis (Author), 2012, Sources of International Criminal Law, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/288051
