... South Africa; and Professor of Public International Law, University of Leiden, The Netherlands Michael P Scharf Professor ofLaw and Director ofthe Frederick K Cox InternationalLaw Center Case ... 2.3 The General Scope ofthe Defense of Superior Orders: TheLawofthe Case 2.4 The Specific Scope ofthe Defense of Superior Orders Within the ICC: ... criminal law and procedure have therefore questioned the validity or wisdom of some ofthe choices made, as well as the wording of some ofthe norms and rules that were elaborated Nevertheless, there...
... all the winds: It is a pasture for gazelles And a home for Christian monks, A temple for idols, The Black Stone ofthe Mecca pilgrim, The table ofthe Torah, And the book ofthe Koran Mine is the ... under the spell ofinternational criminal law and the beauty of bringing an end to the culture of impunity”) LAWRENCE DOUGLAS, THE MEMORY OF JUDGMENT: MAKING LAW AND HISTORY IN TRIALS OFTHE HOLOCAUST ... recounts the history ofthe 780 Commission and its role ushering in the modern era of accountability The Foreword • xiii Commission set the stage for the establishment ofthe Yugoslavia Tribunal, the...
... full Professor at theLaw Faculty ofthe University of Geneva, Adjunct Professor at the Graduate Institute ofInternational and Development Studies and Director ofthe LLM Programme ofthe Geneva ... Professor of Law, and Director ofthe Frederick K Cox InternationalLaw Center, at Case Western Reserve University School ofLaw He is also Managing Director ofthe Public InternationalLaw & Policy ... Subjects ofInternational Humanitarian Law , in I Makarczyk (ed.), Theory ofInternationalLaw at the Threshold ofthe 21st Century, Essays in Honour of Krysztof Skubszewski, The Hague: Kluwer Law International, ...
... court of one of such Allied or Associated States, of any person alleged to be guilty of an offence against the laws and customs of war orthe laws of humanity who may be in its territory or otherwise ... FO Records created and inherited by the Foreign Office TS Records created or inherited by the Treasury Solicitor and HM Procurator General’s Department LCO Records ofthe Lord Chancellor’s Office ... example” or “a symbol” of those who violated the laws of humanity, see The Council of Heads of Delegations: Minutes of Meeting September 15: Notes of A Meeting ofthe Heads of Delegations ofthe Five...
... evolution ofthelaw before the tribunal, the study examines the substantive lawofthe tribunals Foreword xv primarily from the perspective oftheinternational criminal law practitioner, with the ... Article 7(1) ofthe ICTY Statute; Article 29 oftheLaw on the Establishment ofthe Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic ... articulating the core crimes which were to be the concern ofthe tribunal,3 the Statute oftheInternational Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International...
... is International Criminal Law? 1.1 International criminal law 1.2 Other concepts ofinternational criminal law 1.3 Sourcesofinternational criminal law 1.4 International criminal law and other ... in the investigation stage ofthe proceedings in the appeal ofthe OPCD against the decision of Pre-Trial Chamber I of 7.12.2007 and in the appeals ofthe OPCD and the Prosecutor against the ... Statute oftheInternational Court of Justice Art 38(1) 08.08.1945 Agreement for the Prosecution and Punishment ofthe Major War Criminals ofthe European Axis Powers and Charter ofthe International...
... InternationalLaw and Director ofthe Lauterpacht Research Centre for International Law, University of Cambridge, as well as a member of Matrix Chambers He was a Member ofthe United Nations International ... Milosevic ofthe Federal Republic of Yugoslavia was indicted by the Prosecutor oftheInternational Criminal Tribunal for the former Yugoslavia for atrocities committed in Kosovo This marked the first ... including also the efforts oftheinternational criminal tribunals for Yugoslavia and Rwanda, as well as the role of national courts The Statute oftheInternational Criminal Court came into force three...
... the SS minister ofthe interior and former head ofthe Nazi People’s Court, and the SS general, Kurt Daluege, head ofthe Order Police and an important figure in the apparatus of repression and ... 1990), pp 258–9 The Nuremberg trials: internationallaw in the making 25 the pressure, though in the notorious case ofthe Katyn massacre of Polish soldiers the British authorities were, rightly, ... many questions In 1945, theinternational community faced for the very first time the issue of bringing to trial the government of one of its renegade members In theory the entire governmental...
... on behalf ofthe State, who was not an of cial or an Issues of complexity, complicity and complementarity 39 organ ofthe State, and of whom, furthermore, in the face ofthe theory oflaw as it ... ill-treatment or deportation to slave labor or for any other purpose of civilian population ofor in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, ... which is then defined as ‘violations ofthe laws and customs of war’ The simplicity of this definition masks the complexity ofthe detail of what actually constitutes a violation ofthe laws and...
... one ofthe indictment, at p 48,421 ofthe original transcripts, reproduced in The Tokyo War Crimes Trial: The Complete Transcripts ofthe Proceedings oftheInternational Military Tribunal for the ... test in international criminal law was summarised by the Trial Chamber oftheInternational Criminal Tribunal for the former Yugoslavia (ICTY) in the Tadic case: The most relevant sources for such ... transposing some ofthe principles to theinternational level is not obvious First, while at the national level most actors have more or less the same obligations under the criminal law, at the international...
... – and internationallaw in particular – will never be a panacea for the ills ofthe world And there are other means for dealing with the gravest crimes: they can be ignored; they can be the subject ... and they can be the subject of diplomatic deals But, for better or worse, and whatever theoretical or policy justifications may be found (whether deterrence, or punishment, orthe ‘seeking ofthe ... Report on Aspects of Establishing an International Tribunal for the Prosecution of Persons Responsible for Serious Violations ofInternational Humanitarian Law Committed in the Territory of the...
... respect of serving heads of state or other of cials The World Court steps in Our story now turns away from a national court to another international court in The Hague, theInternational Court of ... Thirdly, the ICJ stated that immunity before the courts of other states would cease once the person ceases to hold theof ce of Minister of Foreign Affairs A court of one state may try a former foreign ... and ofthe ICJ in Yerodia reflect, in my opinion, a struggle between two competing visions ofinternationallaw For the majority in the House of Lords, internationallaw is treated as a set of...
... over international law; as if internationallaw were not itself a kind of civil law, not indeed thelawof a particular country, but ofthe world.3 In this universalist tradition, internationallaw ... with the Single Convention on Narcotic Drugs,11 a long line of treaties dealt with the suppression of crimes ofinternational 10 11 Report oftheInternationalLaw Commission on the Question ofInternational ... working group on the definition of aggression This was the situation when the curtain ofthe Cold War came down, and these new steps were frustrated The ILC reported on the possibility of an international...
... Conceptually, the case would proceed on the basis of 138 the relevant crime under international law, any associated rules ofinternational law, and the national lawofthe state or ... come to the ICC One ofthe major criticisms made ofthe ILC’s model was that it gave no independent investigatory role to the Prosecutor, prior to the referral of a case and independently ofthe ... support for the controversial idea of an ICC Indeed, the principal point ofthe exercise was to get the idea of an ICC Statute to the stage of active discussion in a diplomatic forum The kinds of...
... different view ofthe facts or a narrower view ofthe alleged crime or for some other reason It may be said that this is the point of having an ICC in the first place But since it is for the investigating ... prosecutors putting tyrants and torturers in the dock before independent judges, reflects a post-war aspiration come true Professor James Crawford spoke about the work ofthe UN InternationalLaw ... preparing the Draft Statute ofthe ICC, and the transformation of that draft into the final Statute as it emerged at Rome in the summer of 1998.2 During the time that Professor Crawford and his...
... claim immunity from the jurisdiction ofthe Court Upholding the rule of law: the creation of order Besides the moral condemnation of these crimes at theinternational level, the ICC will serve ... number of ways, including the very notion of an International Criminal Court The second half ofthe twentieth century has seen the strengthening of human rights and ofthe humanitarian lawof war ... on the high seas, and Offences against theLawof Nations’.39 In the last century the US was a leading force in the establishment ofthe Permanent Court of Arbitration; a chief architect of the...
... function [3] According to the prediction ofthe latest 2005 International Technology Roadmap for Semiconductors (ITRS), in the year of 2015, the physical gate length (Lg) for high-performance logic ... for supply voltage and device dimension [7] The power-performance trade-off has become the major road-block for the continuous scaling of CMOS into deep-submicron regimes In order to squeeze the ... integration of novel metal gate electrodes This thesis attempts to address some of these challenges The metal-dielectric interface is important since it directly affects the effective work function of...
... vi Table of Contents Decisions of National Courts as SourcesofInternational Law: An Analysis ofthe Practice ofthe ICTY André Nollkaemper Index Foreword When the history ofthe ICTY ... Editorial Advisory Board Professor Georges Abi-Saab H.E Judge George H Aldrich Madame Justice Louise Arbour Professor Ove Bring Professor Antonio Cassese Professor John Dugard Professor Dr Horst ... INTERNATIONAL CRIMINAL LAW DEVELOPMENTS IN THE CASE LAWOFTHE ICTY International Humanitarian Law Series VOLUME Editors-in-Chief Professor Christopher Greenwood Professor Timothy L.H McCormack...
... 1.2 Other concepts ofinternational criminal law 1.3 Sourcesofinternational criminal law 1.4 International criminal law and other areas oflaw 1.5 A body of criminal lawThe Objectives ofInternational ... Criminals ofthe European Axis Lord’s Resistance Army Law Reports, Trials of War Criminals Nordic Journal ofInternationalLaw Organization of African Unity Office ofthe High Representative Organization ... ofInternational Criminal Law (NATO) Kosovo Force Leiden Journal ofInternationalLaw League of Nations Treaty Series Agreement for the Prosecution and Punishment ofthe Major War Criminals of...
... about the structure and purposes ofthe world legal order and how best to achieve global justice through lawThe idea for this series grows out oftheInternational Legal Theory project ofthe ... issues in the practice ofinternational criminal lawThe collection of authors and chapters is somewhat distinctive More than half ofthe authors have law degrees and all of them have, or soon ... legitimate authority International crimes proper, in my view, involve the violation ofthe conditions ofthe legitimate authority ofthe state.34 The legitimate authority ofThe principle of complementarity...