self defense by states and individuals in the law of war

... notion in the framework of and study of defenses in international criminal law (ICL) In this study I intend to explore the elements and scope of defenses to international war crimes indictments The ... enhance international criminal proceedings,14 the principle of fairness to apply in these proceedings15 and the introduction in ICL—made by the Nuremberg and Tokyo Tribunals of the notion of individual ... jurisprudence and literature of international law, a coherent synthesis of the concept of the rule of law and the admissibility of defenses to war crimes remains an unresolved issue One of the purposes of...

Ngày tải lên: 07/03/2014, 03:20

... project examining the international trafficking of women and children in the Americas, the findings of which were published in a seminal report entitled In Modern Bondage: Sex Trafficking in the Americas.7 ... relations and the historical antecedents of both The principles within Islam are based on the “recognition of the inherent dignity and of the equal and inalienable rights of all members of the OCHA and ... wrote in the Journal, Bassiouni has the gift of being a catalyst behind the creation of international criminal law and a true enthusiast of the discipline without succumbing to the easy path of the...

Ngày tải lên: 07/12/2015, 00:47

... (Nottingham) joined the University of Canterbury (New Zealand) from the University of Nottingham at the beginning of 2003 He teaches and researches in criminal law, international criminal law and ... published in international criminal law, the author of The Principle of Complementarity in International Criminal Law (Martinus Nijhoff, 2008) and co-editor of The ICC and Complementarity from Theory ... Oceans, the Tribunal held: These far reaching plans for waging wars of aggression and the prolonged and intricate preparation for and waging of these wars was not the work of one man.They were the...

Ngày tải lên: 23/03/2014, 06:20

... Security of Mankind The 1954 Draft Code of Offences against the Peace & Security of Mankind The 1949 – 1950 Meetings of the International Law Commission Concerning the Question of International Criminal ... during the war of violations of the principles of the law of nations as these Development of the Law on Complementarity between 1919 and 1937 Despite German objections to the inclusion of the ... responsible for the World War This required trying the ex-Kaiser of Germany and determining the guilt of certain individuals involved in criminal acts that took place during hostilities and whether prosecutions...

Ngày tải lên: 07/12/2015, 01:10

... 424 Foreword International criminal law is a new branch of law, with one foot in international law and the other in criminal law Until the Nuremberg trial, international criminal law was largely ... Jepsen and others, 15 Law Reports of Trials of War Criminals (1949) 18 Trial of Martin Gottfried Weiss and Thirty-Nine Others, 16 Law Reports of Trials of War Criminals (1949) 11–12 United States ... concentrates on the jurisprudence of the main source of contemporary international criminal law – the law of the ad hoc tribunals – but which at the same time takes account of all the other sources of this...

Ngày tải lên: 16/03/2014, 03:20

... participation in the investigation stage of the proceedings in the appeal of the OPCD against the decision of the Pre-Trial Chamber I of 3.12.2007 and in the appeals of the OPCD and the Prosecutor against ... criminal law 1.2 Other concepts of international criminal law 1.3 Sources of international criminal law 1.4 International criminal law and other areas of law 1.5 A body of criminal law 3 13 16 The ... book piques the interest of those new to the subject to further investigations including into the considerable and insightful literature which the developments in international criminal law have...

Ngày tải lên: 16/03/2014, 03:20

... practising barrister at Matrix Chambers, he has been involved in some of the leading cases on international criminal law before national and international courts, including the Pinochet case in the ... from the Nuremberg proceedings to the establishment of the International Criminal Court, including also the efforts of the international criminal tribunals for Yugoslavia and Rwanda, as well as the ... House of Lords and the Croatia v Federal Republic of Yugoslavia case in the International Court of Justice He served as legal adviser to the Solomon Islands in the negotiation of the Statute of the...

Ngày tải lên: 09/08/2014, 11:20

... succeeded in making the waging of aggressive war into a substantive crime in international law, then the Soviet Union was equally guilty in its attacks on Poland in September 1939 and on Finland three ... Thierack, the SS minister of the interior and former head of the Nazi People’s Court, and the SS general, Kurt Daluege, head of the Order Police and an important figure in the apparatus of repression and ... evident in the efforts to use them as part of a more general programme of re-education in Germany, and, by implication, in the rest of Europe In one of the pretrial interrogations, the American interrogator,...

Ngày tải lên: 09/08/2014, 11:20

... ‘violations of the laws and customs of war The simplicity of this definition masks the complexity of the detail of what actually constitutes a violation of the laws and customs of war So, the Charter of ... interests of justice, referred to in the Charter of the Tribunal in the context of trials in the absence of the accused,7 was the public interest in trying the defendant responsible for the preparation ... criminal law, the international law of war created international crimes The defence had further argued that international law did not apply to individuals but only to states The Tribunal, in a...

Ngày tải lên: 09/08/2014, 11:20

... participate by planning, instigating, ordering, committing, or otherwise aiding and abetting in the commission of a crime Secondly, the prosecution must prove that there was participation in that the ... perpetration of the crime … In the case of aiding and abetting, the requisite mental element is knowledge that the acts performed by the aider and abettor assist the commission of a specific crime by the ... of the Tokyo Tribunal summarising count one of the indictment, at p 48,421 of the original transcripts, reproduced in The Tokyo War Crimes Trial: The Complete Transcripts of the Proceedings of...

Ngày tải lên: 09/08/2014, 11:20

... growing literature on the subject indicates Criminal law in general – and international law in particular – will never be a panacea for the ills of the world And there are other means for dealing ... in uenced by the emergent principles which the Nuremberg judges developed and applied He described the complexities of the law; the prospects and challenges of the emerging principles governing liability ... the enforcement of international criminal law, and that national courts (within the state in which the crimes are committed and in third states) and international courts have a role to play In...

Ngày tải lên: 09/08/2014, 11:20

... court) in Pinochet and of the ICJ in Yerodia reflect, in my opinion, a struggle between two competing visions of international law For the majority in the House of Lords, international law is ... reflected in the judgment of the ICJ, sees the rules of international law as being intended principally to facilitate relations between states, which remain the principal international actors For the ... majority in the House of Lords, the balance is to be achieved by limiting the role of immunities and establishing, in effect, a presumption against immunity For the ICJ, on the other hand, there...

Ngày tải lên: 09/08/2014, 11:20

... civil law; the other, regulating the differences that arise between nations, tyrannizes over international law; as if international law were not itself a kind of civil law, not indeed the law of ... development of international criminal law The second is the development not merely of human rights standards but of international courts and committees before which individuals have standing to invoke international ... oppression of one human group by another Moreover, there were serious gaps The attempt to define aggression had run into the sands The scope of the international law concerning the conduct of internal...

Ngày tải lên: 09/08/2014, 11:20

... Italy and Belgium also instituted inquiries into the conduct of their military personnel in Somalia: see e.g the decision of The drafting of the Rome Statute 135 ing and targeting in Yugoslavia and ... mentioned in Article The principle of complementarity is to be given effect by the Prosecutor in deciding whether to take forward an investigation, and by the Court in deciding whether to authorise ... support for the controversial idea of an ICC Indeed, the principal point of the exercise was to get the idea of an ICC Statute to the stage of active discussion in a diplomatic forum The kinds of objection...

Ngày tải lên: 09/08/2014, 11:21

... that this is the point of having an ICC in the first place But since it is for the investigating authority to determine for itself the scope of the crime being investigated, once again the relative ... about the work of the UN International Law Commission in preparing the Draft Statute of the ICC, and the transformation of that draft into the final Statute as it emerged at Rome in the summer of ... crimes, and calls for the inclusion of women in the different organs of the Court The inclusion of these gender provisions in the Rome Statute clearly did not occur in a vacuum The fact that the...

Ngày tải lên: 09/08/2014, 11:21

... in a number of ways, including the very notion of an International Criminal Court The second half of the twentieth century has seen the strengthening of human rights and of the humanitarian law ... that of legal retribution – of staying the hand of vengeance and of ceding ‘Power … to Reason’.31 30 31 See Simon Chesterman, ‘Never Again … and Again: Law, Order, and the Gender of War Crimes in ... experience of the ethnic violence in Rwanda and Yugoslavia The truth telling of The Hague Tribunals has been essential in the promotion of reconciliation by individualising the guilt of hateful...

Ngày tải lên: 09/08/2014, 11:21

... objective of this thesis is to gain insights into the major issues and to address some of the critical challenges in implementing the metal gate electrodes in the future CMOS platform The background information ... band diagram for a metal gate on a dielectric, showing the mechanism of Fermi-level pinning by extrinsic states (a) When EF,m is above the pinning level, (b) When the EF,m is below the extrinsic ... are combined to get the utmost gain in performance There are two groups of technologies to introduce strain into the channel of MOSFET One is the local strain or called process induced strain technologies,...

Ngày tải lên: 14/09/2015, 17:53

... comparative law perspective, and show how the Tribunal has utilised di erent aspects of these systems of law In dealing with the process of the creation, interpretation and amendment of the Rules of the ... Chapter , by Michelle Jarvis, analyses the recent emergence of gender perspectives in international criminal law and the development and treatment of these issues in the case law of the Tribunal ... roughout the book are threads concerning the development and application of international criminal law not only by the ICTY, but also by the ad hoc International Criminal Tribunal for Rwanda and the...

Ngày tải lên: 07/12/2015, 00:45

... international criminal law 1.3 Sources of international criminal law 1.4 International criminal law and other areas of law 1.5 A body of criminal law The Objectives of International Criminal Law 2.1 Introduction ... the ‘Crimes against the Peace and Security of Mankind’: Draft Code of Crimes Against the Peace and Security of Mankind, in Report of The International Law Commission on the Work of its Forty-Eighth ... Chapter of what we mean by international criminal law and of some of its most fundamental principles, we consider in Chapter the objectives of this body of law: they differ from those of national law, ...

Ngày tải lên: 07/12/2015, 00:55

... is whether these values are violated by individuals against other individuals, or whether they are violated by states against individuals, especially if they are their own citizens By the latter, ... on the nature of the crimes involved – not so much on the kind of harm they inflict (they all involve serious harm done to individuals) , but more on how they pertain to the legitimacy of the ... no genuine threat to the state Note that, by framing the issue of the detainees’ treatment in terms of the international legal right of self- defense, Viner appears to imply that the detainees’...

Ngày tải lên: 07/12/2015, 01:06