International Criminal Law
Contents
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I. Introduction I. Introduction
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II. Preliminary Matters II. Preliminary Matters
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A. General A. General
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B. The General Conditions for Criminal Responsibility under Customary International Law B. The General Conditions for Criminal Responsibility under Customary International Law
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III. War Crimes III. War Crimes
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A. Terminology A. Terminology
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B. Evolution B. Evolution
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(i) ‘Violations of the laws and customs of war’ (i) ‘Violations of the laws and customs of war’
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(a) International armed conflict (a) International armed conflict
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(b) Non-international armed conflict (b) Non-international armed conflict
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(ii) Violations of the Geneva Conventions as customary war crimes (ii) Violations of the Geneva Conventions as customary war crimes
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(a) Grave breaches (a) Grave breaches
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(b) Violations of common article 3 and of 1977 Additional Protocol II (b) Violations of common article 3 and of 1977 Additional Protocol II
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C. Conditions of Responsibility C. Conditions of Responsibility
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(i) Material elements (i) Material elements
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(ii) Mental elements (ii) Mental elements
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IV. Crimes Against Humanity IV. Crimes Against Humanity
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A. Evolution A. Evolution
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(i) First World War (i) First World War
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(ii) Second World War (ii) Second World War
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(iii) Subsequent developments (iii) Subsequent developments
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B. Conditions of Responsibility B. Conditions of Responsibility
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(i) Material elements (i) Material elements
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(ii) Mental elements (ii) Mental elements
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V. The Crime of Genocide V. The Crime of Genocide
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A. Evolution A. Evolution
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B. Conditions of Responsibility B. Conditions of Responsibility
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(i) Material elements (i) Material elements
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(ii) Mental elements (ii) Mental elements
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VI. The Crime of Aggression VI. The Crime of Aggression
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A. Evolution A. Evolution
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B. Conditions of Responsibility B. Conditions of Responsibility
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(i) Material elements (i) Material elements
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(ii) Mental elements (ii) Mental elements
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VII. Other Crimes? VII. Other Crimes?
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VIII. A Hierarchy of Gravity? VIII. A Hierarchy of Gravity?
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IX. Conclusion IX. Conclusion
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Further Reading Further Reading
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Cite
Abstract
The chapter focuses on those crimes accepted as existing under customary international law, namely war crimes, crimes against humanity, the crime of genocide, and the crime of aggression, and asks whether further crimes, such as terrorism or torture, could be added to the list. After dealing with preliminary methodological and substantive matters such as the material sources for customary international crimes and the general conditions for criminal responsibility under customary international law, the chapter sketches the respective historical backgrounds to the four crimes in question, and outlines and analyses their respective material and mental elements, both settled and asserted. It concludes by inquiring into the existence of a hierarchy of gravity among these crimes.
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