Substantive and Procedural Aspects of International Criminal Law: The Experience of International and National Courts: Materials

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BRILL, 1 mar. 2000 - 587 pagini
This unique two-volume work seeks for the first time to address in a comprehensive fashion both "substantive" and "procedural" aspects of international criminal law as applied by international and national courts. Substantive topics include individual criminal responsibility, genocide, war crimes, crimes against humanity, crimes against UN and associated personnel, core crimes and defenses, while procedural aspects include the right of suspects and accused, the protection of victims and witnesses, and pre-trial, trial and appeal procedures and practices. In addressing these subjects the work focuses on the practical application of the relevant norms and provides both detailed commentaries by experts in the field "(Commentary volume)," as well as the underlying documentation for each of the topics addressed "(Documents and Cases volume)," With the establishment of the International Criminal Court, the experiences of other international courts, notably the ad hoc tribunals for the former Yugoslavia and Rwanda as well as their predecessors, in addressing these issues are of great value and this work is intended to assist practitioners and scholars alike. Additionally, because national courts still have a vital role to play in the application of these norms, attention is given to prosecutions in national jurisdictions. With this work the editors seek both to assist the reader in understanding these important concepts as well as to provide the background documentation such that the reader can conduct his or her own research and come to his or her own conclusions.

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Cuprins

Hague Convention IV Respecting the Law and Customs
25
Spies
31
COMMISSION ON THE RESPONSIBILITY OF THE AUTHORS
37
a Acts which Provoked the World War and Accompanied Its Inception
44
The General Treaty for the Renunciation of War as an Instrument
57
CHARTER OF THE INTERNATIONAL MILITARY
61
Charter of the International Military Tribunal for the Far East
73
AFFIRMATION OF THE PRINCIPLES OF LAW RECOGNIZED
79
Protection of national security information
485
Thirdparty information or documents
486
Sentencing
487
Determination of the sentence
488
Appeal against other decisions
489
Revision of conviction or sentence
490
International Cooperation and Judicial Assistance
491
Availability of procedures under national law
492

CONVENTION FOR THE AMELIORATION OF THE CONDITION
87
Personnel
94
Repression of Abuses and Infractions
100
Execution of the Convention
113
Rank of Prisoners of War
126
Disciplinary Sanctions
139
Release and Repatriation of Prisoners of War at
147
Aliens in the Territory of a Party to the Conflict
160
Food and Clothing
173
Information Bureaux and Central Agency
186
Principle V
191
CONVENTION ON THE PREVENTION AND PUNISHMENT
204
DECLARATION ON THE PROTECTION OF ALL PERSONS
217
General Protection
222
Field of application
223
Protection and care
224
Protection of medical units
225
Protection of civilian medical and religious personnel
226
Identification
227
Other medical ships and craft
228
Protection of medical aircraft
229
Notifications and agreements concerning medical aircraft
230
Neutral or other States not Parties to the conflict
231
General principle
232
Remains of deceased
233
New weapons
234
Safeguard of an enemy hors de combat
235
Protection of persons who have taken part in hostilities
236
Spies
237
Civilian Population
238
Civil Defence
244
Fundamental guarantees
250
General Provisions
253
Additional to the Geneva Conventions of 12 August 1949
259
Protection of objects indispensable to the survival of
263
Part III
271
Body of Principles for the Protection of All Persons under Any Form
275
REPORT OF THE SECRETARYGENERAL PURSUANT
283
Competence of the International Tribunal
289
Officers and members of the Chambers
295
Penalties
308
The status privileges and immunities of the International Tribunal
309
Statute of the International Tribunal for Rwanda
311
Crimes against humanity
312
Territorial and temporal jurisdiction
313
Composition of the Chambers
314
Officers and members of the Chambers
315
Review of the indictment
316
Protection of victims and witnesses
317
Review proceedings
318
Expenses of the International Tribunal for Rwanda
319
CONVENTION ON THE SAFETY OF UNITED NATIONS AND ASSOCIATED PERSONNEL
321
Scope of application
322
Agreements on the status of the operation
323
Establishment of jurisdiction
324
Measures to ensure prosecution or extradition
325
Fair treatment
326
Dispute settlement
327
Authentic texts
328
Report of the SecretaryGeneral Pursuant to Paragraph 5 of Security
329
Legal Basis for the Establishment of the International Tribunal for Rwanda
330
Territorial and temporal jurisdiction
332
DRAFT CODE OF CRIMES AGAINST THE PEACE AND SECURITY OF MANKIND
335
Punishment
345
Official position and responsibility
353
Obligation to extradite or prosecute
361
Non bis in idem
372
Extenuating circumstances
382
Crimes against humanity
391
Crimes against United Nations and associated personnel
399
Commentary
405
Rules of Procedure and Evidence for the International Criminal
411
Languages
412
Conduct of investigations
420
Preliminary Motions
433
Notice of appeal
444
Copies of record
445
Judgment on appeal
446
Part Nine Pardon and Commutation of Sentence
447
Rome Statute of the International Criminal Court 17 July 1998
449
Establishment of the Court
450
Genocide
451
War crimes
452
Elements of Crimes
455
Article 10
456
Prosecutor
457
Preliminary rulings regarding admissibility
458
Challenges to the jurisdiction of the Court or the admissibility of a case
459
Ne bis in idem
460
General Principles of Criminal Law
461
Exclusion of jurisdiction over persons under 18
462
Nonapplicability of statute of limitations
463
Mistake of fact or mistake of law
464
Qualifications nominations and election of judges
465
Judicial vacancies
466
The Presidency
467
Independence of the judges
468
The Registry
469
Staff
470
Disciplinary measures
471
Rules of Procedure and Evidence
472
Duties and powers of the Prosecutor with respect to investigations
473
Rights of persons during an investigation
474
Functions and powers of the PreTrial Chamber
475
or a summons to appear
476
Arrest proceedings in the custodial State
477
Initial proceedings before the Court
478
The Trial
479
Trial in the presence of the accused 480 1
480
Proceedings on an admission of guilt
481
Rights of the accused
482
Evidence
483
Offences against the administration of justice
484
Competing requests
493
Contents of request for arrest and surrender
494
Provisional arrest
495
Postponement of execution of a request in respect of ongoing investigation or prosecution
497
Consultations
498
Costs
499
Use of terms
500
Change in destination of State of enforcement
501
Enforcement of fines and forfeiture measures
502
Assembly of States Parties
503
Financing
504
Reservations
505
Review of the Statute
506
Withdrawal
507
Subtable of Contents
511
European Convention on the NonApplicability of Statutory
512
American Convention on Human Rights
525
25 Jan 1974 excerpts
535
InterAmerican Convention to Prevent and Punish Torture
547
Subtable of Contents
555
United States Foreign Sovereign Immunities
581
Conclusions
587
Subtable of Contents
591
Decision Stating Reasons for Appeals Chambers Order of 29 May 1998
606
Nuremberg Judgment
629
Tokyo Judgment
751
Chapter III
753
Prisoners and Internees Forced to Sign Parole
790
PART C
804
Kimura Heitaro
817
Sentences
830
ICTY Decisions
831
Decision on the Defence Motion for Interlocutory Appeal
871
Personal Responsibility
927
Decision on the Defence Motion on the Form of the Indictment
931
A Factual Background
935
DISPOSITION
941
Witness
942
Witnesses and on the Giving of Evidence by Video Link
943
Confidentiality
948
Decision on the Defence Motion on Hearsay
953
B Analysis
954
Decision on the Prosecutors Motion to Withdraw Protective Measures
961
14 Nov 1995 935
999
Sentencing Judgment
1175
Delalić Mucić Delić and Landľo Čelebići
1187
Decision on the Motion by the Accused Zejnil Delalić for
1197
Decision on the Motions by the Prosecution for Protective Measures
1203
Blaąkić
1221
INTRODUCTION
1225
Can the International Tribunal direct Binding Orders
1239
E The Question of National Security Concerns
1252
Kovačević
1265
2 July 1998
1273
Decisions
1289
Martić
1305
Karadľić Mladić
1329
Rajić
1359
Kordić Others Laąva River Valley
1379
Gagović Others Foča
1399
A Counts 1 to 12Torture and Rape at Buk Bijela
1403
Furundľija Laąva River Valley amended
1417
DISPOSITION
1430
E Was the Plea Equivocal?
1444
What is the General Principle?
1458
Dokmanović Decision on the Motion for Release by
1531
FINDINGS
1539
E Safe Conduct
1559
ICTR Decisions
1563
Akayesu Judgement
1573
Kambanda Judgement and Sentence
1681
Control Council Law No 10 Cases
1697
Conclusion
1712
Sulfanilamide Experiments
1725
Conclusion
1738
Malaria SeaWater and Epidemic Jaundice Experiments and
1741
Membership in Criminal Organization
1755
Trial of Erhard Milch Medical
1781
Trial of Oswald Pohl Others
1799
Trial of Josef Altstötter Justice
1843
Trial of Friedrich Flick 5 Others Flick
1913
Trial of Wilhelm von List Others Hostages
1941
Trial of Otto Ohlendorf Others Einsatzgruppen
2001
Conclusion
2015
Trial of Alfred Felix Alwyn Krupp von Bohlen und Halbach
2063
Chapter IV
2102
Trial of Carl Krauch 22 Others IG Farben
2107
Trial of Ernst von Weizsaecker Others Ministries
2145
Trial of Wilhelm von Leeb 13 Others German High Command
2183
f Occupational Headquarters and Units Armed Forces Commander
2189
Evidence with particular reference to hostages and reprisals
2202
m Evidence with particular reference to alleged crimes against the civilian
2215
vii Responsibility of a Commanding Officer for Acts not Ordered by Him
2229
xiii The Findings on Counts II and III
2243
Subtable of Contents
2247
Italy
2261
Pretto Others v Italy
2269
AUSTRIA SUMMARY
2273
20 Nov 1989 summary
2275
23 Apr 1997 summary
2285
ARTICLE 50 OF THE CONVENTION
2286
Presumption of Facts
2293
29 Oct 1942 excerpts
2309
4 Feb 1946 excerpts
2321
12 Dec 1961 29 May 1962 excerpts
2329
JUDGMENT OF THE SUPREME COURT
2364
21 Dec 1973 excerpts
2367
13 Jan 1981 excerpts
2375
PenaIrala US
2381
FÉDÉRATION NATIONALE DES DÉPORTÉS ET INTERNÉS
2393
TOUVIER EXCERPTS
2401
ON THE CIRCUMSTANCES AND REASONS
2408
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