INTERNATIONAL CRIMINAL LAW

1.1 SOURCES OF INTERNATIONAL CRIMINAL LAW

1.2 PROSECUTION OF INTERNATIONAL CRIMES BEFORE INTERNATIONAL COURTS

1.2.1 International criminal courts

1.2.2 Crimes in international law

& Reservations to the Convention on Genocide, Advisory Opinion [1951]
ICJ Rep 15.
& Prosecutor v Akayesu, Judgment, ICTR-95-4, 2 September 1998.
& Prosecutor v Radislav Krstić, Judgment, ICTY-98-33-T, 2 August
2001.
& See Elements of Crimes for the International Criminal Court (adopted
9 September 2002).
& See ILC Draft Code of Crimes Against the Peace and Security of
Mankind and the Commentaries.

1.2.2.1 Genocide
1.2.2.2 Crimes Against Humanity
1.2.2.3 War Crimes
1.2.2.4 Aggression
& Prosecutor v Kunarac et al., Judgment, ICTY-96-23 and
IT-96-23/1-A (12 June 2002).
& ICTY, Prosecutor v Tadić, Appeals Chamber, Decision
on the Defence Motion for Interlocutory Appeal on
Jurisdiction, ICTY-91-1 (2 October 1995).

1.2.3 Criminal liability

1.2.3.1 Joint Criminal Enterprise
1.2.3.2 Principle of Superior Responsibility
& ICTY, Prosecutor v Tadić, Appeals Chamber, Decision on the
Defence Motion for Interlocutory Appeal on Jurisdiction,
ICTY-91-1 (2 October 1995).
& Yamashita v Styer, 327 US 1 (1946).
& United States v Soemu Toyoda cited in Prosecutor v Delalić et
al., Judgment ICTY-94-1-A (15 July 1999).

1.2.4 Defenses

1.2.5 Due process guarantees

1.2.6 The question of immunity as a procedural bar to prosecution before

international criminal courts

& Arrest Warrant of 11 April 2000 (Congo v Belgium), Judgment

[2002], ICJ Rep 3.
& Prosecutor v Omar Hassan Ahmad al-Bashir, ICC-02/05-01/09 (13
December 2011).

1.2.7 National Prosecution of International Crimes