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This book provides an essential and critical overview of the most
significant issues concerning the domestication of international
criminal law, in particular with regard to the implementation of
the ICC Statute. It discusses the most recent proposals for reform
of the German Code of Crimes under International Law, the
"Völkerstrafgesetzbuch", 20 years after its entering into force
and introduces the project for an Italian code of international
crimes drafted by the Committee of experts established in 2022 by
the Ministry of Justice. Following the adoption of the ICC Statute,
many States, including Germany with the "Völkerstrafgesetzbuch",
introduced specific legislation to incorporate international
criminal law into their domestic legal systems and a considerable
number of them have been investigating and prosecuting war crimes,
crimes against humanity, genocide, and even aggression ever since.
Twenty-five years later, however, the process is not completed as
other countries, like Italy, are still working on adopting
provisions on international crimes. This book opens with a broad
overview of the different approaches of the domestication of
international criminal law, with a specific focus on the German and
the Italian systems. After an assessment of the prerequisites for
the domestic implementation of international criminal law, also
from a constitutional law perspective, each chapter offers an
in-depth analysis of a specific issue, such as: the definition of
international crimes (genocide and crimes against humanity, war
crimes and aggression); the applicability of and exceptions to the
general principles of domestic criminal law; the regulation of
individual criminal responsibility; sanctions and sentencing; as
well as procedural aspects related to immunities, jurisdiction and
prosecutorial discretion. The strong academic perspective of many
authors is complemented by an equally strong practitioner
perspective of the others, provided by legal scholars in the
highest positions in international and national judicial
institutions, resulting in a well-informed and critical appraisal
of the most recent developments overall in the international
criminal justice system. Domesticating International Criminal Law
will be of great interest to legal scholars and students, as well
as practitioners with an interest in comparative and international
law, international criminal law and international relations.
This book offers an in-depth study of the command responsibility
doctrine, pursuant to which military commanders and civilian
leaders can be held responsible for the crimes committed by their
subordinates that they failed to prevent or punish. This form of
responsibility has gained much attention in the last years;
however, it still presents several open questions and critical
difficulties arise in its application. The author traces the roots
of such criminal responsibility, from its military origins to its
first appearances in international case law after World War II.
Particular attention is given to the jurisprudence of the ad hoc
Tribunals, which extensively elaborated on the issue, and to the
provision of Article 28 of the Statute of the International
Criminal Court. The book provides a systematic analysis of command
responsibility, outlining its different forms and finding a proper
role for it within the complex net of responsibilities that
connotes the commission of international crimes. This book is an
important contribution to the literature and worldwide discussion
on command responsibility and therefore highly recommended to
scholars of international law, criminal law and international
criminal law as well as to all practitioners (judges, legal
assistants, prosecutors, defence counsels) working at or with
international tribunals, experts in the military field,
investigators dealing with international crimes, NGOs and
journalists. Chantal Meloni is working as a Researcher at the
Criminal Law Department of the UniversitadegliStudi of Milan,
Italy. Since several years she specializes in international
criminal law. She spent long research periods abroad, in particular
at the Humboldt Universitat of Berlin in Germany. She also worked
at the International Criminal Court as a Legal Assistant in
Chambers.
The 'Goldstone Report' of September 2009 started a critical
debate at the international level. The Report raised serious
allegations of grave violations of international law with regard to
the Israeli attack on Gaza of 27 December 2008 - 18 January 2009,
amounting to possible war crimes and crimes against humanity. The
UN General Assembly and the Human Rights Council, amidst high
political pressure, endorsed the Report s recommendations, calling
for prompt and proper investigations to ensure accountability and
justice for the victims. Given the lack of proper investigations at
the national level, international justice mechanisms are now
needed. Indeed, the ICC opened a preliminary examination of the
situation but difficulties arose because of the uncertain status of
the occupied Palestinian territory. The issue of the existence of a
State of Palestine is extremely actual and still unsolved at the UN
level.
With a foreword by prof. William Schabas, the book collects
contributions by renowned international law professors as Eric
David, John Dugard, Richard Falk and many other distinguished
scholars and lawyers, and brings together for the first time
essential documentation on the 'Gaza conflict'. The underlying
question, whether there is a court for Gaza, can be seen as a test
case for international justice, and shed a light on the role of
international institutions in the difficult combination of law and
politics that connotes international justice.
Useful forall those interested in the Israeli-Palestinian conflict,
such as international and criminal law scholars, and human rights
and humanitarian organizations."
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