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13. Defences or grounds for excluding criminal responsibility  

another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military

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12. Modes of participation in crimes and concurrence of crimes  

aider or abettor need only be aware of the ‘essential elements’ of the crime and that his or her conduct assists that crime. 52 Even in the case of a crime of specific intent, such as genocide

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10. Genocide  

social, and cultural context can be found in ICTR cases such as Semanza , 38 Kayishema and Ruzindana , 39 and Rutaganda. 40 These cases involved a mixed approach based on subjective

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4. Jurisdiction and structure of international criminal courts and tribunals  

for a case to be the ‘same case’ it must involve the same person and substantially the same conduct; and this will be determined on a case-by-case basis by the Court. 41 Where, at

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2. Principles of State jurisdiction  

in which case it is part of jurisdiction to enforce. Finally, we need to distinguish between ● civil jurisdiction; and ● criminal jurisdiction. Civil cases concern the

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5. Investigations, prosecutions, evidence, and procedure  

imposed counsel (this occurred, for example, in the Milošević and Karadzić cases). 15 In the Milošević case, in particular, the imposition of counsel followed from the disruptive and

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6. Fair trial rights, appeals, and revision and enforcement of sentences  

correctly considered certain aspects of the defence case, in particular alibi evidence. What were the defendant’s essential ground(s) of appeal? Mr Zigiranyirazo argued that

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8. War crimes  

that required by customary international law. Neither the Tadić case (as quoted above) nor the ICC Statute or case law require control over territory. 45 Indeed, in modern ‘asymmetric’

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1. The sources of international criminal law  

those States which are most specially affected. Finally, ICJ cases such as the Asylum Case and the Right of Passage Case acknowledge that, in theory and practice, a customary rule

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12. Justifications and excuses  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

or another person or, in the case of war crimes, property which is essential to the survival of the person or another person or property which is essential for accomplishing a military

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3. The Elements of international crimes, in particular the mental element  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

intent (see 7.2.2 The elements of the crime 7.2.2 ). In all these cases pursuance of a special goal is essential, while its full attainment is not necessary for the crime to be consummated

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4. War crimes  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

others ( Vosges case), at 17–22; St Die case, at 58–61; La Grande Fosse case, at 23–7; Essen Lynching case, at 88–92. For comments on some on these cases, see the relevant entries

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9. Perpetration: in particular joint and indirect perpetration  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

question forms part of the common purpose. In cases where the principal perpetrator of a particular crime is not a member of the JCE, this essential requirement may be inferred from various

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13. Obedience to superior orders and official capacity  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

and is frequently applied in national case law (starting with a case decided by the Austrian Supreme Military Tribunal on 30 March 1915 (case of the Russian prisoner of war J. K.

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11. Other modes of criminal liability and inchoate crimes  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

include the Canadian case of Johann Neitz , which involved the attempted murder of a prisoner of war, and the US case of Charles W. Keenan (at § 113). 26 In these cases, national courts

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20. Investigation and trial before international criminal courts  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

of its own case to make an opening statement, allowing it to hear the prosecution case in its totality before taking a detailed position in response. 54 The defence case is subject

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6. Genocide  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

or mental, and must be serious. The seriousness of the harm ‘must be assessed on a case by case basis and with due regard for the particular circumstances’ ( Krstić , TC, § 513).

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7. Torture and aggression  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

163, 189, 195). 11 Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) , ICJ, § 345(1); Nicaragua (Case Concerning Military

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15. The repression of international crimes in domestic jurisdictions  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

the territorial state as well. In this case, the essential rationale behind the principle is the desire—or constitutional prohibition in many cases—of the state of nationality not to extradite

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18. The Adoption of the essential features of the adversarial system  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

majority of criminal cases are resolved through plea bargaining, thus significantly reducing the workload of courts. 13 In England only some 1 or 2 per cent of all cases are finally disposed