the principles of reasonableness fairness and good faith

... Professor of Law, University of Witwatersrand, South Africa; and Professor of Public International Law, University of Leiden, The Netherlands Michael P Scharf Professor of Law and Director of the ... include: fairness of the proceedings, the rights of the defense, admissibility of evidence, burden of proof and the use of scientific and expert testimony In so doing, the author draws upon the jurisprudence ... bodies reveals that the rules of procedure and evidence and the contents of the “general part” are the product of an intuitive process whereby the judges, on the basis of their individual knowledge,...

Ngày tải lên: 07/03/2014, 03:20

... of the inherent dignity and of the equal and inalienable rights of all members of the OCHA and IBHI, Project Proposal: “Relating to the Problems of Implementation and Compliance in the field of ... sentence must reflect the predominant standard of proportionality between the gravity of the offence and the degree of responsibility of the offender.”) 12 • Essays in Honor of M Cherif Bassiouni ... Assembly, of the Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity.2 Because of the historical link between the Set of Principles and the Vienna...

Ngày tải lên: 07/12/2015, 00:47

... such a way were the following: the Reichcabinet, the Leadership Corps of the Nazi Party, the SS and including the SD, the Gestapo, the SA, the General Staff and High Command of the German Armed ... miniature version of the war and its criminal artifacts, subjecting it to the acid test of the law and to the most robust of challenges from the defendants The Judgment The Judgment of the Tribunal ... full Professor at the Law Faculty of the University of Geneva, Adjunct Professor at the Graduate Institute of International and Development Studies and Director of the LLM Programme of the Geneva...

Ngày tải lên: 23/03/2014, 06:20

... effect on the procedural regime of Articles 18 and 19 of the Statute This entails an examination of the impact of waivers of complementarity on the application of Articles 18 and 19 of the Statute ... been guilty of a violation of the principles of the law of nations as these result from the usages established among civilized peoples, from the laws of humanity and from the dictates of public ... Complexity of the Case 1.2.4.2 The Conduct of the Applicant 1.2.4.3 The Conduct of the Relevant Authorities 1.2.5 The Criterion of Independent or Impartial Proceedings 1.2.6 The Concept of Proceedings...

Ngày tải lên: 07/12/2015, 01:10

... on the one hand, and aiding and abetting a crime, on the other’.21 On the basis of these three sources – that is, Article 25(3) of the Rome Statute, the Dachau Concentration Camp case and the ... (and one or more of them actually perpetrate the crime, with intent).62 On the clearest reading of Tadic´, the use of the term ‘co-perpetration’ in the discussion of the first category and the ... Article 7(1) of the ICTY Statute; Article 29 of the Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic...

Ngày tải lên: 16/03/2014, 03:20

... 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 the ... in the investigation stage of the proceedings in the appeal of the OPCD against the decision of Pre-Trial Chamber I of 7.12.2007 and in the appeals of the OPCD and the Prosecutor against the ... on the appeal of the Prosecutor against the ‘Decision on evidentiary scope of the confirmation hearing, preventive relocation and disclosure under Article 67(2) of the Statute and Rule 77 of the...

Ngày tải lên: 16/03/2014, 03:20

... of the Statute of the International Criminal Court and the role of national courts, and offers a challenging insight into the future of international criminal justice.This is an intelligent and ... against the leaders of Nazi Germany.’ After the trials, Alfred Wiener was offered the papers of the British prosecution team In 1995, all but one of the last sworn and signed statements of the Nuremberg ... the Solomon Islands in the negotiation of the Statute of the International Criminal Court x Preface Seven months later, on 27 May 1999, President Slobodan Milosevic of the Federal Republic of...

Ngày tải lên: 09/08/2014, 11:20

... 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 genocide ... 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 the major ... cabinet and military high command.15 The framing of the charges was a little less arbitrary Here there was no precedent at all The war crimes defined at the end of the First World War and subject...

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 ... the State, who was not an of cial or an Issues of complexity, complicity and complementarity 39 organ of the State, and of whom, furthermore, in the face of the theory of law as it has been understood ... mass of additional evidence on the atrocities of the regime and the widespread complicity of many of cials, judges and soldiers in these crimes has confirmed that, despite all the drawbacks of the...

Ngày tải lên: 09/08/2014, 11:20

... 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 ... national courts: these might be the national courts of the perpetrator, the national courts where the acts took place, the national courts of the victims or even the national courts where the perpetrator ... terrorists And, as we saw above in the context of the claims against the Swiss banks and the German industrialists, there is currently considerable legal activity focused on the extension of international...

Ngày tải lên: 09/08/2014, 11:20

... affirmation affirmed the principles of international law recognised by the Charter of the Nuremberg Tribunal and the judgment of the tribunal and directed the committee on the codification of international ... exclusive, and even established the jurisdiction of the national courts; in the case of Rwanda and Yugoslavia, the exercise of international jurisdiction is concurrent with the jurisdiction of the local ... Otherwise, human nature with the present Statute and the Rules of Procedure and Evidence of the International Tribunal Article of the ICTR Statute provides: The International Tribunal for Rwanda...

Ngày tải lên: 09/08/2014, 11:20

... concerning the punishment of grave breaches of the Geneva Convention of 1949 and their Additional Protocols I and II of 1977 and the punishment of serious violation of international humanitarian law .The ... take the traditional approach, and six of the seven Law Lords ruled against the claim to immunity The ruling of the House of Lords was a landmark, and has been recognised as such First, the majority ... tion (the Demjanjuk proceedings) and the maintenance of international peace and security (the former Yugoslavia).68 In the sentencing phase of the Erdemovic case, the Trial Chamber of the ICTY...

Ngày tải lên: 09/08/2014, 11:20

... for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949, 75 UNTS 31; Geneva Convention for the Amelioration of the Condition of Wounded, Sick and ... seek to be comprehensive They dealt with different questions, one after another But there were many of them, and over time they came to cover much of the field of crimes of international concern ... elements of any significance.15 The 1973 Convention on the Suppression and Punishment of the Crime of Apartheid treated apartheid as a separate and special phenomenon, confined essentially to southern...

Ngày tải lên: 09/08/2014, 11:20

... verbatim, the language of the earlier conventions On the other hand, they substantially develop the field of crimes in internal armed conflict, and, as to crimes against humanity, they constitute the ... system On the other hand, there has been a significant reduction in the subject-matter of that system, i.e in the crimes which fall within the Court’s jurisdiction, The drafting of the Rome Statute ... jurisdiction in the interests of maximising 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...

Ngày tải lên: 09/08/2014, 11:21

... interpretation of the definition of genocide The same is likely to happen for other crimes within the jurisdiction of the Court It remains to be seen whether the Elements of Crimes will provide the intended ... 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

... from the jurisdiction of the Court Upholding the rule of law: the creation of order Besides the moral condemnation of these crimes at the international level, the ICC will serve a second, and ... high seas, and Offences against the Law of Nations’.39 In the last century the US was a leading force in the establishment of the Permanent Court of Arbitration; a chief architect of the United ... architect of the United Nations, the IMF and the World Bank; a leading sponsor of the ad hoc tribunals on Rwanda and the former Yugoslavia; and a vocal endorser of the idea of an international criminal...

Ngày tải lên: 09/08/2014, 11:21

... the equivalent oxide thickness of the high-κ dielectric, εSiO2 and εhigh-κ are the permittivity of SiO2 and the high-κ dielectric, respectively, and Thigh-κ,Phy is the physical thickness of the ... Instead, the source and drain fields penetrate deeply into the middle of the channel, which lowers the potential barrier between the source and drain and causes a substantial increase of the subthreshold ... leakage, the situation is still getting worse and worse as the gate oxide thickness shrinks towards the sub-1-nm regime [18]-[19] On the other hand, from the material point of view, the minimum...

Ngày tải lên: 14/09/2015, 17:53

... formed the basis of the negotiations, was of the view that the judges of the court should draft the rules, like the judges of the ICTY, subject to the approval of States parties Article () of the ... assessing their fairness and credibility It is important that the method by which the judges of the ICTY have created the Rules of Procedure and Evidence, and the way in which they amend and interpret ... that the hearing of the case continue in the absence of that judge for a period of not more than three days us, in the absence of one of the judges of the Trial Chamber, the remaining members of...

Ngày tải lên: 07/12/2015, 00:45

... Introduction 8.2 The creation of the ICC 8.3 Structure and composition of the ICC 8.4 Crimes within the jurisdiction of the ICC 8.5 Complementarity 8.6 Initiation of proceedings (the ‘trigger mechanisms’) ... 451 453 456 Preface With the start of the first prosecutions by the International Criminal Court and the closing phases of the work of the ad hoc Tribunals, this is a good time for a new book ... introduces the subject of transnational crimes, and takes as examples terrorist offences and torture Part E is concerned with the principles (in Chapters 15 and 16) and the procedures (in Chapters 17 and...

Ngày tải lên: 07/12/2015, 00:55

... 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 ... citizens in either of these two ways, it violates the conditions of its legitimacy as a political authority, including the legitimacy of its monopoly of the use of force within its territory and in ... about the kind of perpetrator they involve, namely, the state through its agents, both official and unofficial I have not differentiated between cases in which the victims of the crimes are the...

Ngày tải lên: 07/12/2015, 01:06