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Polish Contributions to International Criminal Law
丛编：
The book delves into the substantial and enduring influence of Polish representatives on the development of international criminal law for decades. The authors meticulously document the crucial and distinct role played by Polish diplomats in crafting relevant international treaties and analyze the intricacies of cooperation regarding the prosecution of war criminals following both World Wars. Additionally, the book examines Polish national regulations that have impacted international law itself, alongside the jurisprudence of Polish courts concerning international crimes. Notably, some of these judgments are referenced in the works of international commissions and tribunals, demonstrating their continued relevance in contemporary discussions on immunities and the scope of responsibility for international crimes.
Patrycja Grzebyk, Dr. habil. iur., is Associate Professor at the University of Warsaw. She authored Criminal Responsibility for the Crime of Aggression (Routledge, 2013) and Human and Non-Human Targets in Armed Conflicts (CUP, 2022).
Bartłomiej Krzan, Dr. habil. iur., is University Professor at the Department of International and European Law, University of Wrocław. He has published monographs and many articles on international criminal law and different aspects of general international law.
Karolina Wierczyńska, Dr. habil. iur., is Associate Professor at the Institute of Law Studies, Polish Academy of Sciences. Her research interests include international criminal law, international responsibility and human rights.
Bartłomiej Krzan, Dr. habil. iur., is University Professor at the Department of International and European Law, University of Wrocław. He has published monographs and many articles on international criminal law and different aspects of general international law.
Karolina Wierczyńska, Dr. habil. iur., is Associate Professor at the Institute of Law Studies, Polish Academy of Sciences. Her research interests include international criminal law, international responsibility and human rights.
Contents
Acronyms
Introductory Remarks
PART 1
History of Polish Involvement in the Development of International Criminal Law
1 Interwar (1918–1939)
1 Restoration of Independence
2 Treaty of Versailles
3 Poles’ Activities in International Organizations
4 Treaty Obligations
5 Polish Legislation
6 The Judiciary
7 Academic Life
8 Conclusions
2 World War II (1939–45)
1 The Road to Nuremberg
2 Polish Legislation
3 The Judiciary
4 Academic Life
5 Conclusions
3 The Cold War (1945–1989)
1 The Nuremberg Trial
2 Co-operation after Nuremberg
3 Treaty Obligations
4 Polish Legislation
5 The Judiciary
6 Academic Life
7 Conclusions
4 After the Cold War (1989–2025)
1 Constitutional and Legal Changes
2 Mazowiecki, the Conflict in the Former Yugoslavia, and the Creation of the ICTY
3 Polish Engagement and the International Criminal Court
4 Treaty Obligations and Polish Participation in Initiatives on International Criminal Law
5 The Chief Commission and the Institute of National Remembrance
6 The Judiciary
7 Academic Life
8 Conclusions
PART 2
International Crimes and Principles of Their Prosecution and Punishment
5 International Crimes and Their Prosecution
1 Determining the Scope of Criminalization
2 Nullum crimen jure
3 International and Transnational Crimes
4 An Excursus: Terrorism
5 Conclusions
6 The Crime of Aggression
1 Responsibility for Aggression after World War I
2 Initiatives of the Interwar Period
3 Responsibility for Aggression after World War II
4 Defining Aggression
5 Defining the Crime of Aggression
6 Polish Legislation
7 Polish Scholarship
8 Conclusions
7 War Crimes
1 Responsibility for War Crimes of the World War I
2 Responsibility for the War Crimes of the Interwar
3 Responsibility for the Crimes of World War II
5 The Statute of the International Criminal Court
6 Polish Legislation
7 Polish Scholarship
8 Conclusions
8 Crimes against Humanity
1 The New Category of Crime and Its Development after World War II
2 Towards Independent Treaty Regulation
3 Polish Legislation
4 Polish Scholarship
5 Conclusions
9 The Crime of Genocide
1 Axis Rule in Occupied Europe
2 Genocide in the Nuremberg Trial
3 UNGA Resolution 96(I)
4 The Works on a Convention
5 The Adoption of the Convention by the UNGA
6 Polish Legislation
7 Polish Scholarship
8 Conclusions
10 Statutory Limitations on the International Crimes
1 Polish Initiatives for the Non-applicability of Statutory Limitations
2 Participation of Poles in the Works of UN Bodies
3 The Coming into Force of the Convention
4 Polish Legislation
5 Conclusions
11 Criminal Jurisdiction and Its Exercise
1 The Relationship between Individual and State Responsibility
2 The Domestic Forum
3 The International Forum
4 Enforcement of Penalties
5 Conclusions
12 The Principles of Individual Criminal Responsibility
1 Modes of Responsibility
2 The Constructs of Conspiracy and Joint Criminal Enterprise
3 Command Responsibility/Immunities
4 Responsibility for Carrying Out Orders
5 Conclusions
Conclusion
References
Index
Acronyms
Introductory Remarks
PART 1
History of Polish Involvement in the Development of International Criminal Law
1 Interwar (1918–1939)
1 Restoration of Independence
2 Treaty of Versailles
3 Poles’ Activities in International Organizations
4 Treaty Obligations
5 Polish Legislation
6 The Judiciary
7 Academic Life
8 Conclusions
2 World War II (1939–45)
1 The Road to Nuremberg
2 Polish Legislation
3 The Judiciary
4 Academic Life
5 Conclusions
3 The Cold War (1945–1989)
1 The Nuremberg Trial
2 Co-operation after Nuremberg
3 Treaty Obligations
4 Polish Legislation
5 The Judiciary
6 Academic Life
7 Conclusions
4 After the Cold War (1989–2025)
1 Constitutional and Legal Changes
2 Mazowiecki, the Conflict in the Former Yugoslavia, and the Creation of the ICTY
3 Polish Engagement and the International Criminal Court
4 Treaty Obligations and Polish Participation in Initiatives on International Criminal Law
5 The Chief Commission and the Institute of National Remembrance
6 The Judiciary
7 Academic Life
8 Conclusions
PART 2
International Crimes and Principles of Their Prosecution and Punishment
5 International Crimes and Their Prosecution
1 Determining the Scope of Criminalization
2 Nullum crimen jure
3 International and Transnational Crimes
4 An Excursus: Terrorism
5 Conclusions
6 The Crime of Aggression
1 Responsibility for Aggression after World War I
2 Initiatives of the Interwar Period
3 Responsibility for Aggression after World War II
4 Defining Aggression
5 Defining the Crime of Aggression
6 Polish Legislation
7 Polish Scholarship
8 Conclusions
7 War Crimes
1 Responsibility for War Crimes of the World War I
2 Responsibility for the War Crimes of the Interwar
3 Responsibility for the Crimes of World War II
5 The Statute of the International Criminal Court
6 Polish Legislation
7 Polish Scholarship
8 Conclusions
8 Crimes against Humanity
1 The New Category of Crime and Its Development after World War II
2 Towards Independent Treaty Regulation
3 Polish Legislation
4 Polish Scholarship
5 Conclusions
9 The Crime of Genocide
1 Axis Rule in Occupied Europe
2 Genocide in the Nuremberg Trial
3 UNGA Resolution 96(I)
4 The Works on a Convention
5 The Adoption of the Convention by the UNGA
6 Polish Legislation
7 Polish Scholarship
8 Conclusions
10 Statutory Limitations on the International Crimes
1 Polish Initiatives for the Non-applicability of Statutory Limitations
2 Participation of Poles in the Works of UN Bodies
3 The Coming into Force of the Convention
4 Polish Legislation
5 Conclusions
11 Criminal Jurisdiction and Its Exercise
1 The Relationship between Individual and State Responsibility
2 The Domestic Forum
3 The International Forum
4 Enforcement of Penalties
5 Conclusions
12 The Principles of Individual Criminal Responsibility
1 Modes of Responsibility
2 The Constructs of Conspiracy and Joint Criminal Enterprise
3 Command Responsibility/Immunities
4 Responsibility for Carrying Out Orders
5 Conclusions
Conclusion
References
Index
Scholars, students and practitioners conducting research in international criminal justice, public international law and criminal law, as well as dealing with history or international relations.