Introduction to the Law of International Criminal Tribunals

Geert-Jan Alexander Knoops (b. 1960) is visiting professor International Criminal Law at Shandong University, Jinan, China. He holds two Ph.D. degrees, one on criminal law and one on international criminal law. He practices as a lawyer in (international) criminal law at Knoops’ advocaten in Amsterdam.

• Excerpt of table of contents:Chapter IInternational Criminal Tribunals: Distinctions and Main Features1. Values and Goals of ICTs2. The ICTY and ICTR3. The Origin and Character of the ICC4. The Emerging Concept of ad hoc Internationalized or Mixed Courts 5. Conclusions: The Legitimacy of ICTs: Selective Enforcement Mechanisms?Chapter II Defining International Crimes1. Introduction2. The Proliferation of the Crime of Genocide within the Law of the Tribunals3. Proliferation of ICTY-ICTR Case Law on the Crime of Genocide4. The ICTY-ICTR Statutory and Jurisprudential Elements of the Crime of Genocide5. Crimes against Humanity before ICTs6. The Concept of War Crimes before ICTsChapter III The ICC Crime of Aggression: Proliferation or Politicization of International Criminal Law?1. Introduction2. Defining the Crime of Aggression3. Pitfalls of the Jurisdictional Mechanism on the Crime of Aggression4. The Crime of Aggression and its Impact on Liability Modes5. Implementation of the Crime of Aggression at Domestic Level6. ConclusionChapter IV Jurisdiction and Complementarity1. Introduction2. Jurisdiction3. AdmissibilityChapter V Criminal liability Principles Envisioned by ICTs1. Introduction: Emergence of General Principles2. Actus Reus and Mens Rea3. Liability Modes in International Criminal LawChapter VI International Criminal Law Defenses1. Introduction2. Procedural Defenses3. Duress and Necessity as Defenses before ICTs4. The Limited Scope of the Defense of Superior Orders under the Law of ICTs5. The Defenses of Mental Insanity, Diminished Responsibility and Intoxication before ICTs6. The Jurisprudential and Statutory Self-Defense under the Laws of ICTs7. Alibi DefensesChapter VII General Principles of Criminal Evidence envisioned by ICTs1. Procedural Nature and Characteristics of Proceedings before ICTs2. Contemporary Procedural Pre-Trial Aspects of ICTs3. Contemporary Procedural Trial Aspects of ICTsChapter VIII Principles of Criminal Evidence before ICTs1. Requisite Standards of Proof before ICTs2. Requisite Standards of Proof before ICTs3. Disclosure of Evidence4. Admissibility of Evidence5. Presentation and appreciation of evidence by ICTsChapter IX Due Process Principles before ICTs1. Introduction2. Definition of Due Process Rights Relevant to ICTs3. The Influx of Common Standards of Due Process to ICTsChapter X International State Cooperation with ICTs: Obtaining Evidence Abroad1. International State Cooperation with ICTs Obtaining Evidence AbroadChapter XI The International Criminal Court within the Geopolitical World Order1. Introduction2. Geopolitical Effect of ICC Prosecutions3. The Position of Superpowers vis-à-vis the ICC4. ConclusionChapter XII Trials in Absentia1. Introduction2. Trials in Absentia