Chapter 1 Punishment in Warfare and Application of Law

• Brief historical survey
• Post-Westphalian developments
• Early attempts at international codification
• Efforts to enforce penal sanctions in international humanitarian law
• Fundamental principles of the jus in bello
• The derivation of customary humanitarian law
• Individuals and national criminal prosecutions
• Individual liability in contemporary humanitarian law
• General principles as a source of law before international tribunals
• Law applied by post-WW II military tribunals
• The role of the Security Council

Chapter 2 Forms of Direct Criminal Responsibility

• Introduction
• War crimes
• Crimes against humanity
• Liability for the planning of international humanitarian law violations
• Conspiracy under international law
• Liability for issuing criminal orders
• The crime of "incitement" in national and international law
• Liability for hate propaganda
• Complicity in international humanitarian law violations

Chapter 3 Ascertainment of Superior Status in International Humanitarian Law

• Introduction
• Historical survey of superior responsibility
• Moral and political considerations pertaining to the doctrine
• Discerning command from control
• The sources of de jure command
• United Nations and allied command structures
• Establishing a superior-subordinate relationship
• De facto command and the concept of control
• Civilians as superiors
• Evidence of De Facto Command
• Capacity to influence
• Capacity to issue orders
• Evidence from the distribution of tasks
• Concurrence of de jure and de facto command in the same person

Chapter 4 The Substantive Law of Superior Responsibility

• Introduction
• Legal nature of the doctrine of superior responsibility
• Sources of command duties
• Types of command and extent of liability
• Operational commanders
• Executive commanders
• Persons entrusted with the care of prisoners
• Applicable Standards of Knowledge
• Actual knowledge
• Presumption of knowledge
• Presumption of knowledge in Protocol I
• "Had reason to know" standard
• The duty to act
• The duty to prevent
• The duty to punish
• Causation
• The duty to control

Chapter 5 Individual Responsibility in Internal Armed Conflicts

• Introduction
• Classification of armed conflicts
• Insurgency and belligerency
• Common article 3 and the 1977 Geneva Protocol II
• The effects of external intervention in internal conflicts
• Individual responsibility in non-international armed conflicts
• Non-penal elements of humanitarian law in internal conflicts
• When does international law establish criminal liability?
• Criminalisation of internal conflict offences at the inter-state level
• International criminalisation at the domestic level
• Retributive or restorative justice?