Elements of War Crimes under the Rome Statute of the International Criminal Court

Elements of War Crimes under the Rome Statute of the International Criminal Court
Author: Knut Dörmann
Publisher: Cambridge University Press
Total Pages: 588
Release: 2003-03-27
Genre: Law
ISBN: 9781139436540

Download Elements of War Crimes under the Rome Statute of the International Criminal Court Book in PDF, Epub and Kindle

The Elements of War Crimes will assist the International Criminal Court (ICC) in the interpretation and application of the articles of the ICC Statute defining the crimes under its jurisdiction. These will not only be necessary for the future work of the ICC in interpreting the crimes provisions, but also for national courts, which have primary responsibility in the prosecution of international crimes under the Rome Statute. This commentary provides a critical insight into the travaux préparatoires of the Preparatory Commission leading to the adoption of the elements of war crimes. It contains an analysis of existing case law related to each war crime in the Statute. It will provide States, judges, prosecutors and international and national lawyers with key background information to implement international humanitarian law in future cases dealing with war crimes under the ICC. A unique, indispensable tool for prosecuting and defense lawyers working in international criminal law.

Elements of War Crimes Under the Rome Statute of the International Criminal Court

Elements of War Crimes Under the Rome Statute of the International Criminal Court
Author:
Publisher:
Total Pages: 524
Release: 2003-03-27
Genre: Law
ISBN: 9780521818520

Download Elements of War Crimes Under the Rome Statute of the International Criminal Court Book in PDF, Epub and Kindle

This commentary provides a critical insight into the negotiating history that led to the adoption of the elements of war crimes. It also presents existing jurisprudence, which is relevant for the interpretation of the war crimes in the ICC Statute.The aim is to serve as a tool in the implementation of international humanitarian law in future cases dealing with war crimes and offer practitioners (judges, prosecutors and lawyers) and academics important background information on the substance of the crimes.

War crimes and crimes against humanity in the Rome Statute of the International Criminal Court

War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
Author: Christine Byron
Publisher: Manchester University Press
Total Pages: 331
Release: 2013-07-19
Genre: Political Science
ISBN: 1847796516

Download War crimes and crimes against humanity in the Rome Statute of the International Criminal Court Book in PDF, Epub and Kindle

This book provides a critical analysis of the definitions of war crimes and crimes against humanity as construed in the Rome Statute of the International Criminal Court. Each crime is discussed from its origins in treaty or customary international law, through developments as a result of the jurisprudence of modern ad hoc or internationalised tribunals, to modifications introduced by the Rome Statute and the Elements of Crimes. The influence of human rights law upon the definition of crimes is discussed, as is the possible impact of State reservations to the underlying treaties which form the basis for the conduct covered by the offences in the Rome Statute. Examples are also given from recent conflicts to aid a ‘real life’ discussion of the type of conduct over which the International Criminal Court may take jurisdiction. This will be relevant to postgraduates, academics and professionals with an interest in the International Criminal Court and the normative basis for the crimes over which the Court may take jurisdiction.

Mens Rea at the International Criminal Court

Mens Rea at the International Criminal Court
Author: Geert-Jan Alexander Knoops
Publisher: BRILL
Total Pages: 267
Release: 2016-11-21
Genre: Law
ISBN: 9004307885

Download Mens Rea at the International Criminal Court Book in PDF, Epub and Kindle

This Volume offers an overview of all aspects of mens rea that may surface before the International Criminal Court (ICC). The book commences with an introduction of the concept of mens rea and controversies concerning this concept before national courts and ad hoc tribunals. This is followed by an examination of the definitional elements of mens rea at the ad hoc tribunals. The mens rea requirements for the specific liability modes applied at the ad hoc tribunals will be examined. Subsequently, definitional aspects of mens rea at the ICC will be discussed, and in particular the mens rea requirements for the specific liability modes as provided for in the Rome Statute. Separate chapters will address the mens rea requirements for the crimes listed in the Rome Statute: war crimes, genocide, crimes against humanity and the crime of aggression, respectively. An analysis of customary international law or the standards promulgated by the ad hoc tribunals will be used as examples where the ICC case law is scarce. A specific chapter will be devoted to mens rea requirements for political speeches. In some cases, certain speeches have been said to be catalysts of international crimes. Therefore, it is relevant to examine how the accused’s intent was construed. The book will conclude with mens rea defenses in international criminal law, which will be specifically applied to the defenses listed in the Rome Statute.

The Rome Statute of the International Criminal Court

The Rome Statute of the International Criminal Court
Author: Mauro Politi
Publisher: Routledge
Total Pages: 342
Release: 2017-07-05
Genre: Law
ISBN: 1351540769

Download The Rome Statute of the International Criminal Court Book in PDF, Epub and Kindle

This book focuses on the Statute of the International Criminal Court, gathering contributions by leading scholars and diplomats. It examines the main features of the Statute, highlighting its strengths and weaknesses, the role of the ICC in the international protection of human rights and the impact of the ICC Statute on the international criminal justice system. It also offers an evaluation of the prospect for the functioning of the ICC in the future.

The Rome Statute as Evidence of Customary International Law

The Rome Statute as Evidence of Customary International Law
Author: Yudan Tan
Publisher: BRILL
Total Pages: 487
Release: 2021-08-09
Genre: Law
ISBN: 9004439412

Download The Rome Statute as Evidence of Customary International Law Book in PDF, Epub and Kindle

In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law.

The International Criminal Court

The International Criminal Court
Author: William A. Schabas
Publisher: Oxford University Press
Total Pages: 1689
Release: 2017-01-19
Genre: Law
ISBN: 0191060291

Download The International Criminal Court Book in PDF, Epub and Kindle

Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.

Elements of Genocide

Elements of Genocide
Author: Paul Behrens
Publisher: Routledge
Total Pages: 310
Release: 2013-05-07
Genre: Law
ISBN: 1136168559

Download Elements of Genocide Book in PDF, Epub and Kindle

Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.