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Draft International Criminal Code and Draft Statute for an International Criminal Tribunal

NCJ Number
107603
Author(s)
M C Bassiouni
Date Published
1987
Length
492 pages
Annotation
This draft international criminal code and draft statute for an international criminal tribunal assume two alternative approaches to the enforcement of international criminal law: the 'direct enforcement model,' which presupposes an international criminal court to adjudicate code violations, and an 'indirect enforcement model,' which relies on participating countries to enforce the code within their own criminal justice systems.
Abstract
The international criminal code proposed under the direct enforcement model uses a unitary-integrated structure and content that combines common law and civil law concepts with the peculiarities of international criminal law. A second proposed draft code may be used as the substantive code of crimes under the direct enforcement model, or as a model for national legislation. The draft statute for the international criminal tribunal, presented as a separate text, establishes the procedures, mechanisms, and functions of the court and its supporting machinery. The concluding section of the book presents provisions commonly found in existing multilateral conventions. They apply to both the international criminal code and the statute for the international criminal tribunal under either the direct or indirect enforcement models. A bibliography of approximately 2,000 entries from the legal literature of 33 countries.

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