Rethinking International Criminal Law: The Substantive Part (European and International Criminal Law Series, 2) - Hardcover

After a long period of relative stagnation, substantive international criminal law has been invigorated primarily by the activities of the International Criminal Tribunals for the former Yugoslavia and Rwanda. Both ad hoc tribunals have made immense advancements to this area of international criminal law by, for instance, laying down detailed rules on what constitutes culpable conduct and when responsibility should be attributed for the conduct of others. These important advances notwithstanding, much remains in flux. The elements of the core international crimes are still subject to controversy. Theories of individual criminal responsibility, such as command responsibility and joint criminal enterprise, are highly controversial. There is as yet no knowledge of how international offenses should be graded according to different levels and degrees of culpability and harm. This book brings together a team of researchers and practitioners from the field of international criminal law, concerned with a new international agenda of refining substantive international criminal law. The diverse topics examined include the superior orders defense, the mental element, the defense of mistake, command responsibility, the crime of aggression, and the principle of legality.

Olaoluwa Olusanya is Lecturer in Law at the University of Wales, Aberystwyth. He obtained his LL. B. Hons. degree from the University of Buckingham in the UK, his LL. M. degree from the University of Cape Town in South Africa and his LL. D. degree from the University of the Western Cape in South Africa. He is also affiliated with the International Law Association (British Branch), the Society for the Reform of Criminal Law and the European Society of Criminology. Olusanya has published several books on International Criminal Law. He is the series editor of the European and International Criminal Law Series.