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Sources and Subjects

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Chapter Summary

International Criminal Law (ICL) is a complex legal discipline that consists of several components bound by their functional relationship in the pursuit of its value-oriented goals. This chapter identifies its several components, determines the sources of law applicable to each, and assesses the functional relationship that links them. It can be concluded that a sui generis system of the kind discussed in this chapter indeed exists. The international criminal responsibility of individuals for international crimes is now well established, and ICL permeates national criminal law with respect to the duty to prosecute or extradite, aut dedere aut judicare, and with the consequences deriving from jus cogens international crimes. The area of ICL that is likely to expand under the jurisprudence of the ICC is that of nonstate actors' responsibility for "crimes against humanity" under Article 8 of the ICC Statute, particularly with terrorist events such as those of 9/11.

Keywords: crimes against humanity; International Criminal Law (ICL); international criminal responsibility; sources of law

10.1163/ej.9789004165328.i-1086.9
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