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Cover International Criminal Law

1. The sources of international criminal law  

This chapter provides a brief introduction to the two main sources of public international law, treaty law and customary international law. It provides a basic overview of the law of treaties and explains the special status of obligations arising under the United Nations Charter. It outlines the key features of customary international law; examines the relationship between treaty law and customary international law; and revisits the idea of whether there is a hierarchy of sources in international law, and how conflicts between international law norms are to be resolved. The chapter also discusses the relationship between international criminal law and other branches of international law, specifically human rights law and international humanitarian law.


Cover Cassese's International Criminal Law

19. General principles governing international criminal trials  

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

The Statutes of the International Criminal Court, and of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda enumerate a list of rights that mirrors many of the same rights as are found in international human rights instruments and domestic constitutions. These various rights may be distilled into six minimum principles: no implicit or explicit measure requiring self-incrimination; adjudication by impartial judges; a presumption of innocence and corresponding burden of proof on the prosecutor; prompt and detailed communication of the charges and sufficient time, opportunity, and resources to challenge those charges; trial without undue delay; and a public hearing. This chapter discusses the interpretation of these rights and principles before international criminal courts, and their application to selected practical issues.