International criminal law is shaped by the influence of individual scholars and the impact of specific rulings and legal frameworks. This volume provides a fresh perspective on the subject, revisiting the sources, treatment and reception of doctrine and jurisprudence from an inter-generational perspective. Analysis of the role of scholars and practitioners such as Arendt, Damaška and Cassese on the conceptualisation of law and jurisprudence is followed by an assessment of the goals and scope of international criminal law, including contemporary developments relating to the interplay between international and domestic jurisdiction, the role of actors and crime definitions. Finally, the volume includes a review of key concepts of individual responsibility and procedural law.
• Contributions by a mix of established scholars and new voices provide a novel and innovative perspective on contemporary law and doctrine • Offers an in-depth review of the contemporary foundations and challenges of international criminal law, allowing for a critical re-thinking of existing law and practice • Addresses substantive law and international criminal procedure, based on scholarship by academics and practitioners, making the work relevant to academics as well as international and domestic courts and tribunals
Part I. The Influence of Scholars and Practitioners on the Development and Conceptualization of International Criminal Law: 1. 'Satires of circumstance': some notes on war crimes trials and irony Gerry Simpson; 2. The banality of evil on trial Alette Smeulers and Wouter Werner; 3. Why international criminal lawyers should read Mirjan Damaška Harmen van der Wilt; 4. The gentle humanizer of humanitarian law - Antonio Cassese and the creation of the customary law of non-international armed conflict Tamás Hoffmann; 5. The international criminal legal process: towards a realistic model of international criminal law in action Christoph Burchard; Part II. Theorizing International Criminal Justice: 6. The two liberalisms of international criminal law Darryl Robinson; 7. International criminal law at the crossroads: from ad hoc imposition to a treaty-based universal system Kai Ambos; 8. In search of the 'vertical': towards an institutional theory of international criminal justice's core Frédéric Mégret; Part III. Re-Assessing the Balance Between International and Domestic Jurisdiction: 9. Situational gravity under the Rome Statute Kevin Jon Heller; 10. When law 'expresses' more than it cares to admit: comments on Heller Mark Osiel; 11. Should the prosecution of ordinary crimes in domestic jurisdictions satisfy the complementarity principle? Dawn Sedman; 12. Interpreting complementarity and interests of justice in the presence of restorative-based alternative forms of justice Marta Valiñas; 13. Universal jurisdiction and the prosecution of excluded asylum seekers Elizabeth Santalla; Part IV. De-Individualizing International Criminal Law: Can Abstract Entities Commit International Crimes After All?: 14. The Inter-American Court of Human Rights and the aggravated state responsibility operationalizing the concept of state crime Scott Doucet; 15. Corporations as future subjects of the International Criminal Court: an exploration of the counterarguments and consequences Larissa van den Herik; 16. Gray war zone? The question of contractual control of the privatization of warfare and the civilianization of the military Dan Kuwali; 17. Holding private military companies accountable for their crimes: the applicability of the commander/superior responsibility doctrine Materneau Crispin; Part V. Crime Definitions Revisited: 17. Defining the crime of aggression Astrid Reisinger; 18. Complementarity and aggression: a ticking time bomb? Nicolaos Strapatsas; 19. The recruitment and use of child soldiers: some reflections on the prosecution of a new war crime Michael E. Kurth; Part VI. System Criminality and the Principle of Personal Fault: A Balancing Test in Setting the Appropriate Standards for Modes of Liability: 21. The difficulty with individual criminal responsibility in international criminal law Gideon Boas; 22. Current trends on modes of liability for genocide, crimes against humanity and war crimes Héctor Olásolo; 23. From 'conspiracy' to 'joint criminal enterprise': in search of the organizational parameter Athanasios Chouliaras; Part VII. Towards One International Criminal Procedure?: 24. Trends in the development of a unified law of international criminal procedure Göran Sluiter; 25. Witness memory and the manufacture of evidence at the international criminal tribunals Alexander Zahar; 26. Remedies for war victims Liesbeth Zegveld; 27. Victim participation in ICC proceedings Nino Tsereteli; 28. Arrest and surrender under the ICC Statute: a contextual reading Carsten Stahn.