株式会社極東書店トップ商品一覧Participation in Crime Falling within the Subject-Matter Jurisdiction of the International Criminal Court.

商品詳細

Participation in Crime Falling within the Subject-Matter Jurisdiction of the International Criminal Court.

Participation in Crime Falling within the Subject-Matter Jurisdiction of the International Criminal Court. 国際刑事裁判所の事物管轄権に含まれる犯罪における参加

・ISBN 978-94-6265-622-2 hard EUR 159.99

¥42,764.- (税込) (※)価格はご注文時の参考価格となります。
納品価格につきましては書籍の入荷時点で確定となります。
版元の原価改定、外国為替の変動等により異なる場合がございますので、予めご了承下さい。

お気に入り
著者・編者Nieprzecka, Aleksandra,
出版社(T. M. C. Asser Pr., NE)
出版年月2024.07
ページ数536 pp.
言語ENG
ニュース番号<726-733>

解説

This book centres on the forms of participation in crime set out in the Rome Statute, but it is definitely not a simple repetition or summary of the views expressed in the ICC case law. Instead, the work critically elaborates on the ICC practice and presents a theoretical and dogmatic description of modes of criminal responsibility that might be found in the Statute.

The element of novelty is however brought about by the methodology, which encompasses a normative analysis based on the distinction between the categories of sanctioned and sanctioning norms initially introduced by K. Binding in the German doctrine, but for the purposes of this book adjusted to the structure of international core crimes and reconciling them with the grounds for criminal responsibility as such. Moreover, the work does not avoid bold assertions concerning the norms of participation in crime concerning inter alia the concept of spectator or public approval and/or direct incitement to genocide.

This approach should be of particular interest to those who are under the impression that international criminal law is entangled in a multiplicity of labels and the judicial practice sometimes adopts the same requirements without any further thought or analysis. The book aims to trigger a broader debate on the merits and rationale of participation in crime and encourages readers to rethink some of the concepts developed within judicial practice. The work also takes into consideration the ICC case law, in particular some tendencies that might be inferred from the separate and concurring opinions in the Ntaganda case.

All in all, it endeavours to reflect on the content of Article 25 (3) and 28 of the Rome Statute and provide an answer on how ICC practice might and perhaps should evolve further.

Aleksandra Nieprzecka, Ph.D. is a member of the Polish Bar Association in Krakow and worked as a principal researcher in the project concerningthe model of participation in crime adopted in the Rome Statute carried out at the Jagiellonian University in Krakow where she finished her doctoral studies according to the co-tutelle agreement between the Jagiellonian University in Krakow and the University of Hamburg.