The practice at the ICTY and ICTR has shown that there is no real international criminal (customary) law, but only extrapolations from international public law, general principles of law and humanitarian law. The divide betweenthe so-called common law and civil law systems and their differences in approach to solving legal problems make it necessary to establish an international forum for discussion and development of a common ground on which the work of the international courts can build. This is especially true with regard to the so-called“General Part” of the substantive criminal law, like forms of participation, actus reus and mens rea categories, defences and excuses, offence types, sentencing, enforcement etc. But also the procedural law still lacks sharp features in many aspects; the ICC’s Rules of Procedure and Evidence will be in need of interpretation. In addition, it will be helpful to the Courts to understand the societal background and effects of the law. Thus there is also a need for criminological, sociological and historical research on the issues of ICL.
The Review publishes in-depth analytical research that deals with these issues. The analysis may cover:
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