An Analysis of the ICTY Erdemović case and Article 31(1)(d) Rome Statute
The ICTY Erdemovic case demonstrated the practical relevance of duress in international criminal law. Taking this case as a starting point, this study examines whether and under which circumstances du..
The Applicability of the Defence of Duress to Unlawful Killing in International Criminal Law
The ICTY Erdemovic case demonstrated the practical relevance of duress in international criminal law. Taking this case as a starting point, this study examines whether and under which circumstances duress can constitute a defence in cases of unlawful killing. It consists of an in-depth analysis of the methodological and substantive questions raised by the Erdemovic case, in particular with regard to the sources of international criminal law and the specific requirements of duress. The study also examines Article 31(1)(d) of the Rome Statute of the ICC, discusses the controversial aspects of this provision, such as the subjective proportionality element, and goes on to propose an alternative wording. This book highlights the differences in the approaches of the ICTY and the ICC regarding duress and discusses whether a distinction between justifications and excuses would be necessary in international criminal law.
War Crimes Trials in Bosnia and Herzegovina
This research monograph is about transitional justice mechanisms as applied in Bosnia and Herzegovina with a clear focus on criminal justice mechanisms, primarily on national war crimes trials. Bosnia and Herzegovina has been a complex field of experiments for the outreach and referral programm of the International Criminal Tribunal for the former Yugoslavia (ICTY)...
Few issues in international criminal law are the subject of such intense discussion and controversy in legal literature and case law as Joint Criminal Enterprise (JCE) and alternative forms of liability in international criminal law. The focus of legal literature and case law has long been on the JCE doctrine. Part A of this thesis gives an insight into the background, circumstances, difficulties and preconditions of individual responsibility in collective crimes and highlights the development of the JCE doctrine and its background. However, since the International Criminal Court has rejected JCE for the time being, the current discussion focuses on alternative forms of liability...
Secondary Liability in International Criminal Law
Notions such as complicity, accessory liability as well as aiding and abetting frequently appear in international criminal law. This study focuses on the relevant legal issues concerning secondary liability as a mode of individual criminal responsibility. Part A looks into the distinction between primary and secondary liability, the nature of secondary liability, and the approaches to prevent secondary liability from being overinclusive. Parts B to D systematically analyse the body of law that has been shaped by the trials conducted in the aftermath of the Second World War, has emerged from the ad hoc tribunals seized with the crimes committed in the former Yugoslavia (ICTY) and Rwanda (ICTR), and which has been created by the member states to the Rome Statute of the International Criminal Court (ICC).
Verteidigung im formellen Völkerstrafrecht
Für die Öffentlichkeit liegt die Funktion der (internationalen) Strafjustiz darin, (Kriegs-)Verbrecher zur Verantwortung zu ziehen und «unschädlich» zu machen. Deren Verteidigungsrechte geraten kaum je in den Fokus, werden solche doch landläufig nicht für erforderlich gehalten. Entsprechend finden sie selbst in der akademischen Analyse nur stiefmütterliche Beachtung.
Die vorliegende Untersuchung widmet sich deshalb rechtsvergleichend den Beschuldigtenrechten vor internationalen Strafgerichten.
The Khmer Rouge and the Crime of Genocide
More than one million people died in Cambodia from 1975 to 1979 under the regime of the Khmer Rouge. Thirty years later, a Cambodian court supported by the UN tries to hold legally accountable those most responsible for the crimes committed. This study presents some of the major legal issues relevant to possible genocide charges against the Khmer Rouge at the Extraordinary Chambers in the Courts of Cambodia.