Substantive and Procedural Aspects of International Criminal Law: The Experience of International and National Courts: MaterialsBRILL, 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. |
Cuprins
Hague Convention IV Respecting the Law and Customs | 25 |
Spies | 31 |
Conclusion | 43 |
a Acts which Provoked the World War and Accompanied Its Inception | 44 |
Memorandum on the Principles which should Determine Inhuman | 53 |
The General Treaty for the Renunciation of War as an Instrument | 57 |
AGREEMENT BY THE GOVERNMENT OF | 59 |
CHARTER OF THE INTERNATIONAL MILITARY | 61 |
Arrest proceedings in the custodial State | 477 |
Initial proceedings before the Court | 478 |
The Trial | 479 |
Trial in the presence of the accused | 480 |
Proceedings on an admission of guilt | 481 |
Rights of the accused | 482 |
Evidence | 483 |
Offences against the administration of justice | 484 |
Powers of the Tribunal and Conduct of the Trial | 65 |
Charter of the International Military Tribunal for the Far East | 73 |
Convening and Quorum Voting and Absence | 74 |
CONVENTION FOR THE AMELIORATION OF THE CONDITION | 87 |
Repression of Abuses and Infractions | 100 |
59 | 102 |
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 VI | 192 |
Part V | 200 |
OF CRIMES AGAINST INTERNATIONALLY PROTECTED | 207 |
DEFINITION OF AGGRESSION | 213 |
Additional to the Geneva Conventions of 12 August 1949 | 219 |
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 |
Measures in Favour of Women and Children | 251 |
General Provisions | 253 |
and Relating to the Protection of Victims of NonInternational Armed | 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 | 331 |
B Organization and structure of the International Tribunal | 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 |
39 | 413 |
40 | 420 |
Execution of arrest warrants | 426 |
Depositions | 432 |
Other 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 |
Issuance by the PreTrial Chamber of a warrant of arrest or a summons to appear | 476 |
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 |
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 |
Subtable of Contents | 555 |
United States Foreign Sovereign Immunities | 581 |
Subtable of Contents | 591 |
Decision Stating Reasons for Appeals Chambers Order of 29 May 1998 | 606 |
Nuremberg Judgment | 629 |
RAEDER | 730 |
Conclusion | 743 |
Tokyo Judgment | 751 |
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 |
Decision on the Defence Motion on the Form of the Indictment | 931 |
A Factual Background | 935 |
Decision on the Defence Motions to Summon and Protect Defence | 943 |
Confidentiality | 948 |
Decision on the Prosecutors Motion to Withdraw Protective Measures | 961 |
Decision on Prosecution Motion to Withdraw Protective Measures | 999 |
Sentencing Judgment | 1175 |
Decision on the Motion by the Accused Zejnil Delalić for | 1197 |
Blaškić | 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 |
Karadžić Mladić | 1329 |
Rajić | 1359 |
Kordić Others Lašva River Valley | 1379 |
Gagović Others Foča | 1399 |
A Counts 1 to 12Torture and Rape at Buk Bijela | 1403 |
Furundžija Lašva River Valley amended | 1417 |
DISPOSITION | 1430 |
E Was the Plea Equivocal? | 1444 |
09 | 1451 |
What is the General Principle? | 1458 |
61 | 1495 |
67 | 1530 |
Dokmanović Decision on the Motion for Release by | 1531 |
ICTR Decisions | 1563 |
Count 2 | 1569 |
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 |
Trial of Alfred Felix Alwyn Krupp von Bohlen und Halbach | 2063 |
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 |
f 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 |
AUSTRIA SUMMARY | 2273 |
The Netherlands | 2275 |
ARTICLE 50 OF THE CONVENTION | 2286 |
Presumption of Facts | 2293 |
Subtable of Contents | 2308 |
UNITED STATES EX REL QUIRIN v COX EXCERPTS | 2309 |
In re Yamashita Yamashita v Styer US | 2321 |
ATTORNEY GENERAL v EICHMANN EXCERPTS | 2329 |
JUDGMENT OF THE SUPREME COURT | 2364 |
United States v Calley US | 2367 |
P N M MENTEN v PUBLIC PROSECUTOR 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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Termeni și expresii frecvente
accordance accused acts adverse Party Appeals Chamber apply armed conflict armed forces Article 17 authorities civilian population Commission committed conduct Council of Europe crime of aggression crimes against humanity crimes against peace crimes set criminal responsibility Detaining Power detention ensure extradition former Yugoslavia Geneva Convention grave breaches High Contracting Parties hostilities identical to Article imprisonment individual international criminal court international humanitarian law international law International Tribunal judgement judges jurisdiction military national court necessary neutral country notify Nürnberg Charter Nürnberg Tribunal Occupying Power offence officers organizations paragraph peace and security personnel present Code present Convention principle prisoners prisoners of war proceedings prohibited prosecution Prosecutor protected persons Protecting Power Protocol provisions punishment pursuant recognized Red Cross request respect Secretary-General Security Council security of mankind sentence Statute subparagraph tion treaty Treaty Series Trial Chamber Tribunal for Rwanda United Nations violations of international war crimes wounded and sick
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