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International Criminal Law
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Paola Gaeta
Published: 13 May 2024
... in the prosecution of international crimes, and some of the challenges faced by international criminal courts and tribunals in fulfilling their mandates. Heads of State history of international law Nuremberg Trials Germany Japan Tokyo war trials Yugoslavia general principles of law international criminal law...
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The protection of cultural heritage in armed conflict
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Kristin Hausler
Published: 20 November 2014
... in enforcing this international legal framework, including international courts (international criminal courts in particular), and international organizations, governmental as well as non-governmental. Although this chapter has not gone into detail about the role states play in protecting cultural heritage...
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War Crimes
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Kai Ambos
Published: 09 January 2014
...International Criminal Court War crimes Armed conflict, international Armed conflict, non-international Torture Hostage taking Rape and sexual violence Child soldiers Armed conflict Belligerence Abril-Stoffels, R. , ‘ From Bagdad to Guantanamo. Legal Statute and Treatment Given...
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The Crime of Aggression
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Kai Ambos
Published: 09 January 2014
...United Nations Security Council International Criminal Court Aggression Alexander, L. , and Kessler Ferzan, K. , Crime and Culpability—A Theory of Criminal Law (New York: Cambridge University Press, 2009 ); Ambos, K. , ‘Some Preliminary Reflections...
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Complementarity and Universal Jurisdiction: South Africa’s ICC Act and the Domestic Investigation of Extraterritorial International Crimes
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Manuel J Ventura
Published: 01 December 2013
... does not prohibit universal jurisdiction. It would be absurd to read the Rome Statute in such a way that it limits the jurisdiction for core crimes to either the national State or the territorial State or the International Criminal Court…The Rome Statute does not establish a new legal...
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Participants in International Law-Making
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Alan Boyle and Christine Chinkin
Published: 22 February 2007
...International Committee of the Red Cross International Institute for the Unification of Private Law United Nations Security Council International Court of Justice International Criminal Court NGOs (Non-Governmental Organizations) UN Charter UNCLOS (UN Convention on the Law of the Sea...
Chapter
Published: 25 July 2002
...International Law Commission United Nations General Assembly United Nations Security Council International Criminal Court Treaties, entry into force Vienna Convention on the Law of Treaties Treaties, reservations and declarations Treaties, amendments and modification Aggression Prosecution...
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Preconditions to the Exercise of Jurisdiction
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Hans-Peter Kaul
Published: 25 July 2002
...International Law Commission United Nations Security Council International Criminal Court Jurisdiction Customary international law Travaux préparatoires Erga omnes obligations Opinio juris Sovereignty Jurisdiction of states, universality principle Article 12—one of the cornerstone...
Chapter
Published: 25 July 2002
...International Law Commission United Nations General Assembly International Criminal Court International Criminal Tribunal for Rwanda International Criminal Tribunal for the Former Yugoslavia Individual criminal responsibility Genocide Mens rea Responsibility of individuals Responsibility...
Chapter
Superior Responsibility
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Kai Ambos
Published: 25 July 2002
...International Criminal Court International Criminal Tribunal for Rwanda International Criminal Tribunal for the Former Yugoslavia Customary international law Codification Actus reus Mens rea War crimes The concept of command or better superior responsibility 1 makes the superior...
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Applicable Law
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Alain Pellet
Published: 25 July 2002
... the nexus between an international criminal court and the Draft Code of Crimes, thereby disposing of the argument that the draft code cannot be concluded without a court and that a court cannot be implemented without the code’. 36 While Article 20 of the final project included, among the crimes...
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The Role of the Defence
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Steven Kay and Bert Swart
Published: 25 July 2002
...Select Bibliography M. Wladimiroff , ‘ The Prosecutor v. Duško Tadić, Presentation ’, 13 American University International Law Review ( 1998 ) 1447; S. Kay, QC , ‘ The International Criminal Court from the Perspective of Defence Counsel ’, The Reformer ...
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Compensation to an Arrested or Convicted Person
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Salvatore Zappalà
Published: 25 July 2002
....), Commentary on the Rome Statute of the International Criminal Court: Observers’ Notes, Article by Article (1999) . 2 Cf. Arts. 9 and 14 International Covenant on Civil and Political Rights (ICCPR); Art. 14(6) ICCPR, ‘When a person has by a final decision been convicted of a criminal...
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Other Forms of Cooperation
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Annalisa Ciampi
Published: 25 July 2002
... in the International Criminal Court Statute ’, 6 European Journal of Crime, Criminal Law and Criminal Justice ( 1998 ) 442; F. Mosconi and N. Parisi , ‘ Co-operation between International Criminal Court and States Parties ’, in F. Lattanzi (ed.), The International Criminal ...
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Fines and Forfeiture Orders
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Claus Kreß and Göran Sluiter
Published: 25 July 2002
...Select Bibliography GENERAL LITERATURE V. Maugham , U.N.O. and War Crimes ( 1951 ); B. Ferencz , An International Criminal Court: A Step Toward World Peace—A Documentary History and Analysis , Vol. II. The Beginning of Wisdom ( 1980...
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The Rome Statute and its Impact on National Law
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Darryl Robinson
Published: 25 July 2002
...Select Bibliography B. Broomhall , ‘ The International Criminal Court: A Checklist for National Implementation ’ ICC Ratification and National Implementing Legislation , 13 Ouater Nouvelles Études Pénales ( 1999 ) 113; H. Duffy and J. Huston...
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ICC Statute and Third States
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Gennady M Danilenko
Published: 25 July 2002
...Select Bibliography G. Hafner et al. , ‘ A Response to the American View as Presented by Ruth Wedgwood ’, 10 EJIL ( 1999 ) 108; D. J. Scheffer , ‘ The United States and the International Criminal Court ’, 93 AJIL ( 1999 ) 12; R...
Chapter
Published: 25 July 2002
... of fair trials. This is far from being the case. Thus, by transcending national sovereignty, only an international criminal court endowed with effective power and composed of judges independent from States can ensure the punishment of those guilty of crimes against humanity. A reply to this demand has...
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The Presidency / La Présidence
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William A Schabas
Published: 11 March 2010
...International Criminal Court Judges International courts and tribunals, decisions 1 . The President and the First and Second Vice-Presidents shall be elected by an absolute majority of the judges. They shall each serve for a term of three years or until the end of their respective terms...
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The Office of the Prosecutor / Le bureau du procureur
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William A Schabas
Published: 11 March 2010
...International Criminal Court Jurisdiction International courts and tribunals, powers Prosecutors 1 . The Office of the Prosecutor shall act independently as a separate organ of the Court. It shall be responsible for receiving referrals and any substantiated information on crimes within...