Springer The Fundamental Concept of Crime in International Criminal Law: A Comparative Law Analysis

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions. Review “The Fundamental Concept of Crime in International Criminal Law provides a fascinating and informative read for anyone interested in the evolution of international criminal law or in comparative criminal law, more generally. Marchuk’s thorough and insightful comparative analysis, and particularly her analysis on the concept of mens rea in international criminal practice, is certainly a valuable contribution to the field of international criminal law.” (Journal of International Criminal Justice, Issue 3, 2017) From the Back Cover This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.