Description
Book SynopsisAnchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
Table of ContentsForeword Acknowledgements List of Figures and Maps part 1 A Theory of International Criminal Law 1 Introduction 1 Introduction 2 Structure of the Research 3 Scope of the Research 3.1 Individual Criminal Liability 3.2 Entities 3.3 Core Crimes 3.4 Participatory Conduct (Complicity) 3.5 Punishable Complicity 3.6 Financing 3.7 Responsibility, Accountability and Liability 4 Rationale for This Research 4.1 Legal Uncertainty 4.2 All International Courts and Tribunals 4.3 End the Cycle of Impunity 5 Methodology 2 Current State of International Criminal Law 1 Introduction 2 The Nature of International Criminal Law 3 Sources of International Criminal Law 3.1 Primary Sources: Treaties and Customary International Law 3.2 Supplementary Sources 3.3 Other Subsidiary Sources Derived from National Laws 4 General Principles of International Criminal Law 4.1 Principle of Legality 4.2 Principle of Specificity 4.3 Principle of Non-Retroactivity 4.4 Principle of the Ban on Analogy and Extensive Interpretation 4.5 Principle of Favor Rei 5 Conclusion 3 Actus Reus and Mens Rea in International Criminal Law 1 Importance of Defining Actus Reus and Mens Rea 2 Actus Reus 3 Mens Rea 3.1 Mens Rea at the icc 3.2 Mens Rea in Customary International Law 4 Conclusion part 2 Complicity – Internationally and Nationally 4 Culpability in International Criminal Law with Regard to Aiding and Abetting 1 Introduction 2 Meaning of Aiding and Abetting 3 Related Concepts to Aiding and Abetting 3.1 Direct Commission 3.2 Indirect Commission 3.3 Co-Perpetration 3.4 jce 3.5 Instigation 3.6 Ordering 3.7 Contributing to a Group Acting with a Common Purpose 3.8 Planning 3.9 Conspiracy 3.10 Incitement 3.11 Superior / Command Responsibility 3.12 Conclusion 4 Definition and Scope of Aiding and Abetting in International Criminal Law 4.1 Aiding and Abetting at the icc 4.2 Aiding and Abetting in Customary International Law 5 Assessment 5 Comparative Analysis of Aiding and Abetting in National Jurisdictions 1 Introduction 2 Africa 2.1 Cameroon 2.2 Egypt 2.3 Malawi 2.4 South Africa 2.5 Observations 3 Asia 3.1 China 3.2 India 3.3 Israel 3.4 Malaysia 3.5 Turkey 3.6 Observations 4 Europe 4.1 England and Wales 4.2 France 4.3 Germany 4.4 Italy 4.5 Russia 4.6 Observations 5 Latina America 5.1 Argentina 5.2 Brazil 5.3 Mexico 5.4 Observations 6 North America 6.1 Canada 6.2 United States of America 6.3 Observations 7 Oceania 7.1 Australia 7.2 Observations 8 Conclusion part 3 Determination of the Rules 6 Application of the Results to International Criminal Law 1 Introduction 2 Wilful Blindness 2.1 General Principles of Law Recognised by the Community of States 2.2 General Principles of International Criminal Law 3 Dolus Eventualis 3.1 General Principles of Law Recognised by the Community of States 3.2 General Principles of International Criminal Law 4 Wilful Blindness and Dolus Eventualis 5 Conclusion 7 Conclusion Bibliography Index
