From Nuremberg to The Hague - The Future of International Criminal Justice Part 2 doc

... guest -of- honour at a dinner for the Tribunal judges, compelled his companions to raise their glasses in a macabre toast to the defendants:‘May their paths lead straight from the court- house to the ... considered to be an outline of the future foreign policy of Hitler’s Germany. A British Foreign Of ce analysis of the content of the book, writ- The Nure...

Ngày tải lên: 09/08/2014, 11:20

... court to another international court in The Hague, the International Court of Justice (the ICJ, sometimes After Pinochet: the role of national courts 95 52 Ibid., p. 28 9 per Lord Phillips.  The ... Charter of the International Military Tribunal for the Far East, Article 6; Statute of the International Criminal Tribunal for the former Yugoslavia,Art...

Ngày tải lên: 09/08/2014, 11:20

... London from April to June 20 02, organ- ised around the theme From Nuremberg to The Hague: The Future of International Criminal Justice . The five lectures here published trace the historical and ... war crimes, from the machine-gunning of the survivors of sunken ships to the torture of prison- ers -of- war. For this there already existed legal pr...

Ngày tải lên: 09/08/2014, 11:20

... then defined as ‘violations of the laws and customs of war’. The simplic- ity of this definition masks the complexity of the detail of what actually constitutes a violation of the laws and customs ... were raised at the sentencing stage included the fact that he took no steps to prevent the participation of the tea factory employees or the use of its vehicl...

Ngày tải lên: 09/08/2014, 11:20

... the Judgment of the Tokyo Tribunal summarising count one of the indictment, at p. 48, 421 of the original transcripts, repro- duced in The Tokyo War Crimes Trial: The Complete Transcripts of the ... in the commission of a crime. Secondly, the prosecution must prove that there was participation in that the conduct of the accused contributed to the commissi...

Ngày tải lên: 09/08/2014, 11:20

... by going to another country’. 42 These instruments were adopted in the absence of any international criminal court. They confirm the commitment of the international community to crimi- nalise ... the very purpose of the creation of an international criminal jurisdiction, to the benefit of the very people whom it has been designed to prosecute. 20 Th...

Ngày tải lên: 09/08/2014, 11:20

... form of enforcement provision. There was The drafting of the Rome Statute 123 15 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed ... line of treaties dealt with the suppression of crimes of international The drafting of the Rome Statute 119 9 Report of the Internati...

Ngày tải lên: 09/08/2014, 11:20

... independent investigatory role to the Prosecutor, prior to the referral of a case and independ- ently of the consent of the states concerned. Only once the pre-conditions for the exercise of jurisdiction ... accepted the jurisdic- tion of the Court. Under Article 12, the Court may exer- cise its jurisdiction provided that either the state of the accused’s...

Ngày tải lên: 09/08/2014, 11:21

... Act 20 02, Act No. 42 of 20 02, Schedule 1, ‘Amendment of the Criminal Code Act 1995’. transposed unchanged from earlier treaties, this is done without reference to whether the states parties to the Rome ... Law,Order, and the Gender of War Crimes in Bosnia and Beyond’ (1997) 22 Yale Journal of International Law 29 9 at 328 . Prosecutor to testify to other c...

Ngày tải lên: 09/08/2014, 11:21

... (eds.), The Law of War Crimes: National and International Approaches (Kluwer Law International, London and The Hague, 1997), p. 1 at p. 29 . 26 See the Preamble to the Statute of the International Criminal Court. UK ... some of the functions of the ICC in its pursuit of international criminal justice . I would like to conclude this lecture by focusin...

Ngày tải lên: 09/08/2014, 11:21