This book is the first volume of a three-volume treatise on international criminal law (ICL),
which is financially supported by the German Research Foundation (Deutsche Forschungsgemeinschaft).
The treatise pretends to fill a gap in the academic literature by offering a
foundational, systematic, comprehensive, and consistent account of ICL with a special
(forward-looking) focus on the International Criminal Court (ICC). The book draws on the
author’s academic and practical work on ICL since the 1990s which has not yet been
published in a comprehensive form in English. The treatise starts from the theoretical and
doctrinal foundations of ICL and takes into account, apart from the case law, the relevant
English, French, German, Italian, Portuguese, and Spanish literature to distil general
principles of law, essentially derived from the Anglo-American (‘common law’) and
Romano-Germanic (‘civil law’) systems, thereby preparing a solid grounding in comparative
law for the future ICL. The first volume of the treatise deals with the foundations and
general part (general principles) of ICL. In the second volume, the special part, that is the
relevant international crimes, their relationship (concursus delictorum), and sentencing will
be treated. The third volume will focus on international criminal procedure, cooperation,
and implementation.
The present volume starts with a short historical overview of ICL (Chapter I) and then
deals with the concept, function, and sources of ICL (Chapter II). On this basis, a comprehensive
analysis of the actual general part is carried out, that is the imputation and general
structure of crime in ICL (Chapter III), individual criminal responsibility (Chapter IV),
omission, in particular command responsibility (Chapter V), attempt as a special form of
individual responsibility (Chapter VI), the subjective requirements of international crimes
(Chapter VII) and, last but not least, grounds excluding responsibility (Chapter VIII).
Given the broad comparative approach of the work, each chapter contains a separate
bibliography. For reasons of space and to facilitate research, these bibliographies have
been published online rather than in this volume. They can be downloaded from http://
ukcatalogue.oup.com/product/9780199657926.do. The chapter bibliographies are complemented
by a general bibliography reproduced at the end of the book. In addition, the
volume contains nine figures, a list of abbreviations, a table of cases and legislation, and an
index.