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Author:   John R. W. D. Jones, QC (Barrister, Barrister, Doughty Street Chambers) ,  Misa Zgonec-Rozej (Associate Fellow, Chatham House, International Law Programme, Associate Fellow, Chatham House, International Law Programme, Chatham House)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
ISBN:  

9780198749332

ISBN 10:   0198749333
Pages:   1750
Publication Date:   March 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Forthcoming
Availability:   To order  

Table of Contents

PART A: SUBSTANTIVE LAW ON INTERNATIONAL CRIMES A1: Genocide A2: Crimes against humanity and requirement organisational policy A3: War crimes A4: The crime of aggression A5: Torture A6: Terrorism A7: Piracy A8: Slavery A9: Apartheid A10: Extrajudicial killings A11: Enforced disappearances A12: Crimes of sexual violence PART B: FORMS OF INDIVIDUAL CRIMINAL RESPONSIBILITY B1: Introduction B2: Inchoate crimes B3: Direct and indirect perpetration/commission/committing B4: Co-perpetration (Article 25(3)(a) of the ICC Statute)/joint commission B5: Common purpose liability: joint criminal enterprise B6: Common purpose liability: liability under Article 25(3)(d) of the ICC Statute B7: Planning B8: Instigating, ordering, soliciting, inducing B9: Aiding and abetting or otherwise assisting B10: Superior responsibility B11: The resolution of concurrent responsibilities: cumulative charges, cumulative convictions PART C: GROUNDS FOR EXCLUDING CRIMINAL RESPONSIBILITY C1: Introduction C2: Amnesties, minority, non-applicability of status of limitations C3: Immunities/irrelevance of official capacity C4: Alibi, mistake of fact or mistake of law, consent C5: Defences: mental disease or defect, intoxication, necessity, duress, superior orders C6: Defences: self-defence, defence of others C7: Non-statutory defences: belligerent reprisal, tu quoque, military necessity PART D: INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS D1: Early attempts, Nuremberg, Tokyo D2: ICTY D3: ICTR D4: MICT D5: The ICC D6: Mixed or Internationalised Criminal Courts of Tribunals: SCSL D7: Mixed or Internationalised Criminal Courts of Tribunals: ECCC D8: Mixed or Internationalised Criminal Courts of Tribunals: STL D9: East Timor: The Serious Crimes Panels PART E: INTERNATIONAL CRIMINAL PROCEEDINGS E1: Introduction E2: General principle of criminal law E3: Rights of the accused E4: Admissibility/jurisdiction E5: Law/rules of evidence E6: Evidence in cases of sexual assault E7: Production of evidence/disclosure E8: Investigation E9: Pre-trial E10: Trial phase: conduct of trial proceedings, structure of the trial (opening statements, order of presentation of evidence, closing argument) E11: Trial phase: structure of uncontested trial, judicial powers during trial proceedings (fact finding, control over the sequence of case presentation) E12: Trial phase: judgment of acquittal at the end of the Prosecution case, deliberations and judgement, Trial Chamber s general duty to ensure the integrity of the proceedings E13: Trial phase: sanctions for misconduct before the Court/control of proceedings (Rule 80 ICTY) E14: Trial phase: power to change the legal characterisation of facts (Rule 55 of the Rome Statute) E15: Trial phase: judges excusal/disqualifications E16: Sentencing E17: Appeal E18: Admission of additional evidence on appeal E19: Interlocutory appeals E20: Review/revision/reconsideration E21: Compensation to an arrested or convicted person E22: Amicus curiae E23: Defence issues PART F: VICTIMS AND WITNESSES F1: Definition of victims, the status of victims F2: Protection of victims and witnesses F3: Participation of victims in the proceedings F4: Reparations to victims, general assistance to victims PART G: INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE G1: Cooperation with the ICTY G2: Cooperation with the ICTR G3: Cooperation with the MICT G4: Cooperation with the mixed tribunals: SCSL G5: Cooperation with the mixed tribunals: ECCC G6: Cooperation with the mixed tribunals: STL G7: Cooperation with the ICC PART H: OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE H1: Punishable acts H2: Procedural aspects PART I: INTERNATIONAL CRIMES IN DOMESTIC COURTS/PROSECUTION I1: Mandate and jurisdiction I2: Practice before domestic courts I3: Limits to national prosecutions: amnesty, pardon, statutes of limitations I4: Limits to national prosecutions: immunities I5: Aut dedere aut judicare I6: Victims of international crimes in domestic proceedings I7: State cooperation with respect to national proceedings

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John Jones QC is a barrister who has worked in international criminal law since 1995. He has represented accused/suspects before the International Criminal Tribunal for the former Yugoslavia (ICTY) (counsel in five cases), the International Criminal Court (Saif Gaddafi), the Special Court for Sierra Leone (SCSL) (Charles Taylor), the Cambodia Tribunal (ECCC) and the Special Tribunal for Lebanon. He has also worked for the Chambers and Registry of the ICTY and the International Criminal Tribunal for Rwanda (1995-1999). He was the first acting Principal Defender of the SCSL in 2003. In addition to international criminal law, John specialises in extradition, UN and EU sanctions and Interpol red notices. John is admitted to the Bars of England and Wales, Washington D.C. and Cambodia, and has been admitted to the bars of Gibraltar, Kigali and Kosovo for individual cases. Dr. Mi%sa Zgonec-Ro%zej is currently an associate fellow in international law at Chatham House. She was formerly a legal advisor in the international justice team at Amnesty International, in the International Secretariat in London, legal officer in the Chambers of the International Criminal Tribunal for the former Yugoslavia, legal assistant to the former President of the International Court of Justice, Judge Shi, and the former Vice-President of the Court, Judge Al-Khasawneh, a lecturer at the Faculty of Law, University of Ljubljana in Slovenia and a teaching fellow at the School of Oriental and African Studies, University of London. She holds a PhD from the Faculty of Law, University of Ljubljana and an LL.M. from Columbia University School of Law, New York. She is also the author of several manuals on international criminal law and human rights. She regularly acts as a trainer and consultant on international law and human rights issues.

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