states apos use of force to redress gross violations of human rights a debatable new norm
INTERNATIONAL AND COMPARATIVE CRIMINAL LAW SERIES doc
... IL, USA Diane Amann Professor of Law University of California School of Law Davis, CA, USA Mario Pisani Professor of Criminal Procedure Faculty of Law, University of Milan Milan, Italy Christopher ... equal application of ICL, including a uniform application of the law to all crimes against humanity, war and peace, regardless of the status of the actor.10 International criminal court trials ... sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing...
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The theory and practice of international criminal law
... Right to a Remedy and Reparation for Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, G .A Res 60/147, Annex, U.N Doc A/ RES/60/147 (Mar ... Basic Principles and Guidelines on the Right to a Remedy and Reparations for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian ... than I believe in a “clash” of morals It seems to me that today we are in a position to realize that we are one civilization, sharing basic human values; and our cultural and traditional variety...
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Routledge Handbook of International Criminal Law pot
... because he would have sentenced Oka, Sato, and Shimada to death because of their commission of war crimes, but Araki, Hashimoto, Hiranuma, Hoshino, Minami, Kaya, Oshima, Shiratori, and Suzuki to ... accused as the leaders of an Asian state who had attempted to free Asia of the yoke of European colonialism Pal’s judgment can be read as a precursor to the great debate in international law about ... today in the revival of international criminal law Background The Tokyo Trial was the Allied response to Japan’s invasion of East and South East Asia and various states and colonial territories...
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The principle of complementarity in international criminal law origin, development and practice
... Wa Nezameha Al Asasy Maa Derasah Ltarikh Legan Al Tahkik Al Dewaliah Wa Al Mahakem Al Genaia Al Dewaliah Al Sabekah (The International Criminal Court: Its Establishment and Its Statute with a ... trial by the High Tribunal or, at its instance, by a national 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 ... name or by rank, office or employment which they held under the German authorities Article 229 states: Article 230 states: 41 M Cherif Bassiouni, Al Mahkama Al Genaia Al Dewaliah: Nashatoha...
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FORMS OF RESPONSIBILITY IN INTERNATIONAL CRIMINAL LAW International Criminal Law Practitioner Library Series Volume I doc
... international law, that an accused may be convicted as a perpetrator or co-perpetrator of torture if he ‘participate[s] in an integral part of the torture and partake[s] of the purpose behind the torture, ... da Costa, Case No 12-2004 269 Table of authorities xxv Prosecutor v Joni Marques, Manuel da Costa, Joa da Costa, Paulo da Costa, ˜o ´rio Ame´lio da Costa, Hila da Silva, Gonsalo dos Santos, Alarico ... invoke today The Cold War brought this development to an end Attempts to create a permanent international criminal court failed and it was left to academics to debate and dream about the creation of...
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An Introduction to International Criminal Law and Procedure pdf
... International Criminal Law? 1.1 International 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 ... This page intentionally left blank An Introduction to International Criminal Law and Procedure This market-leading textbook gives an authoritative account of international criminal law, and focuses ... discussion amongst all of us to achieve as much coherence among our views as possible We have attempted to produce a book which reads as a coherent whole, rather than as a collection of separate papers...
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From Nuremberg to The Hague - The Future of International Criminal Justice Part 1 pps
... fields of human rights and humanitarian law – which reflect a commitment of the international community to put in place – and to enforce – rules of international law which would bring to an end ... series of crimes against peace and against humanity For all its evident drawbacks, the trial proved to be the foundation of what has now become a permanent feature of modern international justice ... subject of international criminal law Topics include its corporate and historical dimension as well as a discussion of the Statute of the International Criminal Court and the role of national courts,...
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From Nuremberg to The Hague - The Future of International Criminal Justice Part 2 doc
... had been taken into Allied custody straight from a Nazi concentration camp.8 Quite how arbitrary the choice eventually was can be demonstrated by a remark made by Britain’s attorneygeneral at ... nor a precise idea of what charges they might face A list of defendants and a list of indictable charges emerged only after months of argument, and in violation of the traditions of justice in all ... Union was not exposed as an international criminal The hypocrisy was sustained on grounds of Realpolitik The whole purpose of the trial, as a statement about international morality and human rights, ...
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From Nuremberg to The Hague - The Future of International Criminal Justice Part 3 ppsx
... and humanitarian law There was a paradigm shift It was the beginning of a new way of thinking about international law as going beyond obligations on states and attaching duties to individuals ... conduct such an experiment it was necessary to have an agreed set of rules of conduct in international affairs and on fundamental issues of human rights The precise nature of the crimes associated with ... spirit of that law, and to state that anyone who acted on behalf of the state is liable to punishment under the terms of penal law, because, as an anonymous subject, the State itself cannot be...
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From Nuremberg to The Hague - The Future of International Criminal Justice Part 4 pptx
... reclaim a case for trial at the national level But the passage of such legislation has led to a flurry of activity with regard to possible national trials for war crimes and crimes against humanity ... concerned about violations of human rights and humanitarian law The concept is being used to frame claims which go beyond a simple application of contemporary criminal law.The point is that,when ... plan and perpetrate the violations of human rights and humanitarian law The concept of complicity is at the heart of contemporary questions of morality and ethics As political and economic life...
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From Nuremberg to The Hague - The Future of International Criminal Justice Part 5 ppsx
... serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens for such violations committed in the territory of neighbouring States, between January ... 1994 and 31 December 1994 The International Tribunal for Rwanda shall have primacy over the national courts of all States At any stage of the procedure, the International Tribunal for Rwanda may ... made to the subsequent development of international law.3 He described the way in which the substantive norms of international law – both international human rights law and international humanitarian...
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From Nuremberg to The Hague - The Future of International Criminal Justice Part 6 doc
... Mr Abdualye Yerodia Ndombasi The arrest warrant was served in absentia The arrest warrant accused Mr Yerodia of making various speeches in August 1998 inciting racial hatred It alleged that the ... elaboration of many international criminal law instruments Such success has many parents, and there will be many to claim parentage of the Rome Statute for an International Criminal Court, to ... role of national courts 105 humanity.66 The same acts are the subject of a genocide case brought by Croatia at the ICJ against Yugoslavia (Serbia and Montenegro).67 During our visit to a small...
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From Nuremberg to The Hague - The Future of International Criminal Justice Part 7 pot
... individual against the state (not vice versa), and human rights operate – as they operate to a large extent even under the UK Human Rights Act 1998 – as a critical standard for the assessment of and ... rule of law It was of particular importance in criminal cases The major international human rights treaties – the International Covenant of 1966, the European Convention on Human Rights and Fundamental ... the basis that the international arena is special, and is not subject to international standards applicable to national courts The challenge was raised before the ICTY Appeals Chamber in an early...
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From Nuremberg to The Hague - The Future of International Criminal Justice Part 8 potx
... International Humanitarian Law 362; K Boustany, ‘Brocklebank: A Questionable Decision of the Court Martial Appeal Court of Canada’ (1998) Yearbook of International Humanitarian Law 371; R C R Siekmann, ... Somalia’ (1998) Yearbook of International Humanitarian Law 375; R M Young and M Molina, ‘IHL and Peace Operations: Sharing Canada’s Lessons Learned from Somalia’ (1998) Yearbook of International ... illegitimate behaviour in wars – international or internal – was to be practically a justiciable matter, a matter for criminal courts on a regular basis, then the relation between national and international...
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From Nuremberg to The Hague - The Future of International Criminal Justice Part 9 pptx
... being targeted as victims of sexual assault as part of a policy of war Rape and other acts of sexual violence have long been utilised as instruments of warfare, used not only as an attack on ... of suitable candidates Many states, for instance, persist in promoting a particular type of candidate – one with a background in academia, diplomacy and the International Law Commission – to which ... First Crusade, extolled the beauty of Greek women as an incentive to go to war, an idea which later came to be known as that of ‘booty and beauty’, and which was associated with success in battle...
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From Nuremberg to The Hague - The Future of International Criminal Justice Part 10 pptx
... for so many years was criminal behaviour.’33 33 Bert Röling, ‘Aspects of Criminal Responsibility for Violations of Laws of War’, in Antonio Cassese (ed.), The New Humanitarian Law of Armed Conflict ... 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 of war and the growing sense that, because ... possible as an arbiter of fact and law There is no good reason to believe that this hallmark of judicial of ce is undermined by the appointment of judges who specialise in an area of law or who have...
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Work function and process integration issues of metal gate materials in CMOS technology
... Saki, H Suto, H Fukui, M Nagamine, M Fujiwara, T Yamamoto, M Takayanagi, I Mizushima, K Okano, S Matsuda, H Oyamatsu, Y Tsunashima, S Yamada, Y Toyoshima, and H Ishiuchi, "Device performance of ... century,” Intel Tech Journal, vol 2, no.3, 1998 15 H Wakabayashi, T Ezaki, M Hane, T Ikezawa, T Sakamoto, H Kawaura, S Yamagami, N Ikarashi, K Takeuchi, T Yamamoto, and T Mogami, “Transport 15 Ch 1: Introduction ... technical staff in the Semiconductor Process Technologies (SPT) lab of IME I would like to appreciate Dr Balasubramanian Narayanan, Dr Lo Guo-Qiang, Dr Rakesh Kumar, and Dr Feng Han-Hua for all...
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International criminal law developments in the case law of the ICTY
... International Humanitarian Law obligations • national and international approaches to the enforcement of the law and • the interactions between International Humanitarian Law and other related areas of international ... international law such as Human Rights, Refugee Law, Arms Control and Disarmament Law, and International Criminal Law International Criminal Law Developments in the Case Law of the ICTY Gideon Boas ... Administration for Eastern Slavonia, Baranja and Western Sirmium US United States USA United States of America Table of Cases International Criminal Tribunal for the former Yugoslavia Prosecutor v Ademi,...
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An introduction to INTERNATIONAL CRIMINAL LAW AND PROCEDURE
... ICLR Appeals Chamber African Charter of Human and People’s Rights American Convention on Human Rights American Journal of International Law All England Reports Additional Protocol to the Geneva ... ‘transnational criminal law’ A similar terminological distinction between ‘international criminal law’ (criminal aspects of international law) and ‘transnational criminal law’ (international aspects ... International Law Commission International Legal Materials International Law Reports International Military Tribunal Journal of International Criminal Law (NATO) Kosovo Force Leiden Journal of International...
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INTERNATIONAL CRIMINAL LAW AND PHILOSOPHY
... sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes ... international law to 10 Thus, those who think that international criminal law (at least the part that criminalizes certain acts as a matter of principle) is based on natural law would have to identify ... crimes against the international community and crimes against states On that assumption, if we want to claim that crimes against the international community are crimes that harm humanity as a whole...
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