Germane Considerations
Before beginning a consideration of the selected pertinent issues identified in relation to the concept of individual criminal responsibility for core international crimes, it is apposite to briefly examine some of the broader underlying issues of the pro
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2.1 Introductory Remarks Before beginning a consideration of the selected pertinent issues identified in relation to the concept of individual criminal responsibility for core international crimes, it is apposite to briefly examine some of the broader underlying issues of the proposed topic. Firstly, the title of this thesis refers to selected pertinent issues concerning the concept of ‘individual criminal responsibility’ for core international crimes. But what does it mean to be ‘individually criminally responsible’ for core international crimes? A brief discussion of this matter will be undertaken for clarification purposes and to define the boundaries of this thesis. Secondly, what are the actual objectives underlying the concept of individual criminal responsibility for core international crimes? Clearly an answer to this question is central to an understanding of the concept of individual criminal responsibility. Surprisingly perhaps, it is only in recent times that this topic has generated any substantial academic interest. A detailed and considered answer to the question posed cannot be achieved within the confines of this chapter, and neither is it the ambition of this thesis to provide such an answer. The aim is merely to set the background for the subsequent discussion on the pertinent issues of the concept of individual criminal responsibility for core international crimes, and to avoid the omission of many commentators, of neglecting to address this issue at all. Thirdly, the sources of international criminal law will be addressed. A consideration of these sources is warranted on two grounds. To begin with, the sources of international criminal law are not well-established, notwithstanding their affinity to the sources of international law. Much international jurisprudence and academic literature appears, however, to presume what these sources are, without any consideration being given to whether the ‘source’ relied upon is actually a valid source of international criminal law, or whether it can be said to be merely of ‘persuasive authority’. Secondly, the identification of the sources of international criminal law is, clearly, relevant to every substantive aspect of this thesis. Accordingly, it is essential to identify the sources which can be relied upon for the purposes of this thesis. Consideration will be given to the general sources of international criminal law as well as the sources relevant to adjudication before the ICC and the ad hoc international criminal tribunals. Consideration will also be given to the status of the principle of judicial precedent before the ad hoc international criminal tribunals and the ICC, as the jurisprudence emanating from these institutions, and scholarly opinions on this matter are not in complete agreement.
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2 Germane Considerations
Fourthly, the definition of core international crimes will be considered. Due to the uncertainty surrounding the key elements of the generic category of international crimes, consideration will be given to their definition a
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