Ch.Four Crimes Against Humanity

This chapter explains crimes against humanity. Crimes against humanity are mass crimes committed against a civilian population. Most serious is the killing of entire groups of people, which is also characteristic of genocide. Crimes against humanity target fundamental, recognised human rights, in particular life, health, freedom, and dignity. These violations of individual rights become international crimes when they are committed as part of a widespread or systematic attack on a civilian population. The chapter discusses the history and structure of the crime, as well as protected interests. It then presents the contextual element of this crime, which is an attack on a civilian population as defined in the ICC Statute. After this, individual acts committed as part of a widespread or systematic attack on a civilian population are next discussed. Lastly, this chapter explores the multiplicity of offenses within this category.

Ch.Two General Principles

This chapter focuses on the general principles of international criminal law. It first develops a general theory of crimes under international law by considering the concept of crimes under international law as well as the context of organised violence. The structure of crimes under international law is also explored. Next, the chapter studies the material and mental elements of crimes under international law. Individual criminal responsibility and superior responsibility are also discussed, as are the grounds for excluding criminal responsibility. Next, the chapter covers inchoate crimes, omissions within the context of the ICC Statute, immunity, the multiplicity of offences, and finally, the requirements for prosecution.

Ch.One Foundations

This chapter sets down the legal and historical foundations of international criminal law. It begins with a brief overview of the history of international criminal law, beginning with the 1919 Versailles Peace Treaty and ending with the developments after the creation of the International Criminal Court (ICC) Statute. From there, the chapter discusses the concepts, aim, and legitimacy of international criminal law before turning to the role of international criminal law within the international legal order. Afterward, the chapter turns to the sources and interpretation of international criminal law as well as universal jurisdiction, the duty to prosecute, and transitional justice. Next, the chapter considers the relationship between international and domestic courts as well as the prosecution of international crimes under international law by international and ‘internationalised’ courts. Finally, this chapter closes with a discussion on international criminal law in practice.

Ch.Six The Crime of Aggression

This chapter examines the crime of aggression. It first takes a look at the prohibition of aggression under international law, particularly as to its developments prior to World War II and the current status of the prohibition. The chapter then explores criminal responsibility under customary international law. It seeks to determine first of all whether violations of the prohibition of aggression lead to direct criminal liability under customary international law, and to which violations this applies. A zone of criminal responsibility does exist, but is plainly narrower than the scope of what is forbidden by international law. Only aggressive war, as a particularly grave and obvious form of aggression, is criminalised under customary international law. To conclude, the chapter discusses the crime of aggression within the context of the ICC Statute.

Ch.Five War Crimes

This chapter turns to war crimes. Here, the chapter narrows the definition of ‘war crimes’ to a violation of a rule of international humanitarian law that creates direct criminal responsibility under international law. It then proceeds to examine the historical development of war crimes as part of international humanitarian law as well as criminal sanctions, war crimes in non-international armed conflict, protected interests, and categories of war crimes. Afterward, the chapter describes the overall requirements for an offence to be deemed a war crime. Next, the chapter explores war crimes against persons, against property and other rights, and against humanitarian operations. It also discusses prohibited methods of warfare and the use of prohibited means of warfare. The chapter ends with a coverage of the multiplicity of offences.

Ch.Three Genocide

This chapter covers genocide. It first examines the phenomenon of genocide, particularly in the context of the Holocaust, the history and structure of the crime, and how the criminalisation of genocide seeks to protect certain groups' right to exist. The chapter then explores the material and mental elements of the crime, before discussing the incitement to commit genocide. Here, the structure of the crime of genocide is explored, alongside its material and mental elements. To conclude, the chapter explores the multiplicity of offences in genocide. Typically, numerous acts are involved in carrying out the crime of genocide, each of which in itself fulfils the requirements for genocide. As such, it is necessary to decide whether these individual acts should be seen as legally separate crimes or as one single crime.