FODEIN 2017- Informe final de investigación - Manual de derecho penal internacional

Abstract

From the book published by the ESAP in 2007 entitled "THE INTERNATIONAL CRIMINAL COURT" author JOHN JAIRO MORALES ALZATE, beyond its update, the preparation of a Manual of International Criminal Law is sought, which under conceptual mapping schemes, graphics and other teaching aids, provide both scholars and judicial operators with in-depth and detailed knowledge on the foundations and background of International Criminal Law, the formation of the Ad-hoc International Criminal Tribunals, that is, of the International Criminal Tribunal for Yugoslavia - ICTY- and the International Criminal Tribunal for Rwanda, ICTR, and the International Criminal Court; as well as the elements surrounding the construction of a theory of crime that allows the understanding of these courts in terms of the schemes of attribution of international criminal responsibility from their objective or external and subjective and internal elements. It will also contain an analysis of the main decisions of these courts regarding the element of individual criminal responsibility in direct authorship, couatory (joint criminal interprise in the ICTY model and the differentiated scheme of the ICC); mediated authorship, and participation in determination, concealment, complicity, collaboration and the new amplification of the Rome Statute on Joint Contribution. It will also contain models related to the analysis schemes of the Office of the Prosecutor of the ICC, on the admissibility test and of the Pre-Trial Chamber on complementarity. Based on the jurisprudence of the ICC, it will contain everything related to the elements of the international crimes of genocide, crimes against humanity and war crimes. The elaboration of the process outline before the ICC is contemplated, and its analysis.