The old debate on the (Israeli) ticking bomb cases must be revisited in the light of the increasing threat by terrorist bombers and a recent German kidnapping case. Both cases may be combined as one model case to test whether the claim of a truly absolute prohibition of torture can really stand...

Spanish Abstract: Probablemente, el más ambicioso proyecto de las investigaciones en derecho penal comparado de hoy en día es la elaboración de una estructura o concepto universal del crimen (“Verbrechenslehre", "teoría del delito", "teoría del reato"), esto es, las reglas, estructura o...

Transitional justice (hereinafter "TJ") has originally been associated with a "transition" from one (totalitarian, authoritarian) regime to another (democratic) or from war/armed conflict to peace. After all, the use of the term „transitional‟ implies some kind of transition or change, that...

This inquiry explores the question of transnational companies' criminal liability for international crimes, reviewing the current state of research in the field of international economic criminal law, a discipline that hitherto has received only scant analysis. Following some preliminary...

The joint criminal enterprise doctrine appears more and more as the magic weapon in the prosecution of international crimes. Yet, the doctrine not only gives rise to conceptual confusion and conflicts with some fundamental principles of (international) criminal law but also invades the...

Current International Criminal Law (ICL) suffers from at least four fairly serious theoretical shortcomings. First, as a starting point, the concept and meaning of ICL in its different variations must be clarified (‘the concept and meaning issue'). Second, the question of whether and how...

After decades of little reflection on the General Part of International Criminal Law ('ICL'), the practice of the Ad Hoc Tribunals and Part III of the ICC Statute both offer a unique opportunity and create a necessity to give more thought to the rules of attribution for international crimes....