Crimes against humanity in international criminal law

목차 (Table of Contents)

• CONTENTS
• PREFACE = ⅸ
• ACKNOWLEDGMENTS =
• INTRODUCTION = xii
• TABLE OF ABBREVIATIONS = xvi
• CHAPTER 1 EMERGENCE AS AN INTERNATIONAL CRIME
• - Introduction = 1
• - The Making of the Charter: Law and Policy Considerations = 5
• - The Legislative History of Article 6(c) = 18
• - Formulations Subsequent to Article 6(c) = 32
• - International Criminalization Policy = 45
• CHAPTER 2 THRESHOLD ISSUES OF LEGAL PHILOSOPHY
• - Introduction = 48
• - Historical Perspective = 49
• - Philosophical Underpinnings = 52
• - The Philosophy of International Law and the Law of the Charter = 65
• - The Charter's Dilemma: Between Law and Morality = 69
• - Pragmatism Prevails = 82
• CHAPTER 3 PRINCIPLES OF LEGALITY
• - Introduction = 87
• - Principles of Legality in the World's Major Criminal Justice Systems = 91
• - Principles of Legality in Inter-national Criminal Law = 107
• - The Charter and the Post-World War Ⅱ Prosecution's Treatment of the Question = 114
• - Assessing the Arguments of Legality in the Low of the Charter = 129
• - Post-Charter Legal Developments = 139
• CHAPTER 4 HISTORICAL LEGAL FOUNDATIONS: INTERNATIONAL HUMANITARIAN LAW AND THE REGULATION OF ARMED CONFLICTS
• - Introduction = 147
• - Historical Evolution = 150
• - Crimes Against Humanity as an Outgrowth of War Crimes = 165
• - The Connection Between War Crimes and Crimes Against Humanity = 176
• CHAPTER 5 INDIVIDUAL CRIMINAL RESPONSIBILITY AND INTERNATIONAL PROSECUTIONS
• - Introduction = 192
• - Pre-World War Ⅰ = 193
• - Post-World War Ⅰ = 199
• - Post-World War Ⅱ: The Charters of Nuremburg and Tokyo = 205
• - Post-World War Ⅱ: Subsequent Proceedings = 213
• - National Prosecutions: Post-World War Ⅱ = 226
• - Selective Enforcement = 227
• CHAPTER 6 PREREQUISITE LEGAL ELEMENTS: PUBLIC LAW CONNECTION AND INTERNATIONAL COGNIZABLE HARM
• - Introduction = 235
• - Imputability of Individual Responsibility to the State = 236
• - The Public Law Connection Between Individual Conduct and "State Action or Policy" = 240
• - The International Element = 244
• - The Contents of the Pre-Requisite Legal Element = 248
• - The Specific Crimes Are Committed as Part of "State Action or Policy" = 248
• - The Policy Is Based on Discrimination-Persecution Against an Identifiable Group of Persons = 251
• - The Acts Committed Are International Crimes or Crimes in the National Criminal Laws of That State If It Were Not for the Policy of Discrimination-Persecution = 253
• - The Acts Are Committed by State Officials or Their Agents in Furtherance of the State's Discriminatory-Persecutional Action or Policy = 255
• - The Acts Committed Are Connected to War = 257
• - Assessing the Relevance of the Pre-Requisite Legal Element = 259
• CHAPTER 7 IDENTIFYING THE SPECIFIC CRIMES IN "GENERAL PRINCIPLES OF LAW" AT THE TIME OF THE CHARTER
• - Introduction = 263
• - "General Principles of Law:" Meaning, Method and Function = 264
• - The National Law Source of "General Principles:" Identifying the Specific Crimes Contained in Article 6(c) and Their Counterparts in National Criminal Laws Prior to the Charter = 271
• - The World's Major Legal Systems = 275
• - Identifying Legal Principles = 275
• - Correlation Between the Sources of Law to be Consulted and the Principle Sought to be Identified = 275
• - Corresponding Equivalence Between the Specific Crimes Identified in Article 6(c) and the National Criminal Laws = 281
• Conclusion = 287
• CHAPTER 8 THE CONTENTS OF THE SPECIFIC CRIMES FROM THE CHARTER UNTIL NOW
• - Introduction to the Legal Bases = 288
• - Murder and Extermination = 290
• - Enslavement = 293
• - Deportation and Population Transfer = 301
• - Persecution = 317
• - Other Inhumane Acts = 320
• - Torture = 321
• - Unlawful Human Experimentation = 327
• - Apartheid = 334
• - Assessment = 337
• CHAPTER 9 ELEMENTS OF CRIMINAL RESPONSIBILITY
• - Problems in Identifying the General Part = 339
• - The Law of the Charter = 340
• - Criminal Responsibility in International and Comparative Criminal Law = 342
• - Imputed Criminal Responsibility in the Law of the Charter = 350
• - Knowledge of the Law and Intent = 359
• - Command Responsibility = 368
• - Policy Considerations = 368
• - The Evolution of Command Responsibility in the Regulation of Armed Conflicts = 372
• - Civilian Command Responsibility = 392
• Conclusion = 395
• CHAPTER 10 DEFENSES AND EXONERATIONS
• - Introduction = 397
• - "Obedience to Superior Orders" = 399
• - Rationale = 399
• - Policy Considerations = 403
• - Scholarly Views = 408
• - The Judgments of Tribunals = 415
• - Post-Charter Developments = 432
• - Conclusion = 437
• - Compulsion = 438
• - Reprisals = 447
• - Introduction = 447
• - Historical Evolution = 449
• - Tu Quoque = 460
• - Non-Applicability of Reprisals and Tu Quoque to "Crimes Against Humanity" = 462
• - Immunity of Heads of State = 465
• - Conclusion = 467
• CHAPTER 11 POST-CHARTER LEGAL DEVELOPMENTS
• - Substantive Aspects = 470
• - Introduction = 470
• - The Piece-Meal Inclusion of Crimes Against Humanity in Substantive International Instruments = 471
• - Codification of Crimes Against Humanity = 479
• - Crimes Against Humanity as Part of Jus Cogens = 489
• - Procedural Aspects = 499
• - Aut Dedere Aut Iudicare = 499
• - The Post-Charter Duty to Prosecute or Extradite = 503
• - Non-Applicability of Statutes of Limitation = 508
• - Universal Jurisdiction = 510
• Conclusion = 527
• CHAPTER 12 CONCLUDING ASSESSMENT = 528
• DOCUMENTS = 546
• INDEX = 803