From Nuremberg to The Hague - The Future of International Criminal Justice Part 5 ppsx

... with the crime of apartheid may be tried ‘by a competent tribunal of any state party to the Convention which may acquire jurisdiction of the person of the accused’. 38 After Pinochet: the role of ... 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...

Ngày tải lên: 09/08/2014, 11:20

... p .55 . In the context of the Rwanda trials, the reach of inter- national criminal law has been confirmed to apply to individuals who were not necessarily part of the armed forces.It is enough to ... 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 constit...

Ngày tải lên: 09/08/2014, 11:20

... London from April to June 2002, 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 prov...

Ngày tải lên: 09/08/2014, 11:20

... 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

... 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 ... at the national level in national courts: these might be the national courts of the perpetrator, the national courts where the acts took place, the national cour...

Ngày tải lên: 09/08/2014, 11:20

... story now turns away from a national 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., ... strong support for the poten- tial role of national courts, against the background of the principle of ‘complementarity’ found in the Statute of the I...

Ngày tải lên: 09/08/2014, 11:20

... whole, these developments took us further away from, not closer to, an international criminal court. Indeed, it is not too much to say that the devel- opment of international criminal law from the ... line of treaties dealt with the suppression of crimes of international The drafting of the Rome Statute 119 9 Report of the International Law Co mmissio...

Ngày tải lên: 09/08/2014, 11:20

... separate international criminal justice system. The drafting of the Rome Statute is the history of the move from the first to the second model. The ILC’s procedural model The ILC’s approach was to create ... independent investigatory role to the Prosecutor, prior to the referral of a case and independ- ently of the consent of the states concern...

Ngày tải lên: 09/08/2014, 11:21

... appointment of women to the International Criminal Court be taken seriously by all states parties to the Rome Statute. The under-represen- tation of women on the Court threatens to undermine the legitimacy ... will be played out. At the same time, the limited subject-matter jurisdic- tion of the Court (a function of the automaticity of its The drafting...

Ngày tải lên: 09/08/2014, 11:21

... some of the functions of the ICC in its pursuit of international criminal justice . I would like to conclude this lecture by focusing on the international aspirations of the ICC when it comes to criminal ... (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 t...

Ngày tải lên: 09/08/2014, 11:21