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

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BRILL, 1. ožu 2000. - Broj stranica: 587
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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Sadržaj

Hague Convention IV Respecting the Law and Customs
25
Spies
31
COMMISSION ON THE RESPONSIBILITY OF THE AUTHORS
37
Conclusion
43
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
Proceedings on an admission of guilt
481
Rights of the accused
482
Evidence
483
Offences against the administration of justice
484
Protection of national security information
485
Thirdparty information or documents
486
Sentencing
487
Determination of the sentence
488

Convening and Quorum Voting and Absence
74
CONVENTION FOR THE AMELIORATION OF THE CONDITION
87
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
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
Body of Principles for the Protection of All Persons under Any Form
275
REPORT OF THE SECRETARYGENERAL PURSUANT
283
Rules of procedure and evidence
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
Responsibility of the superior
349
Rules of Procedure and Evidence for the International Criminal
356
Extradition of alleged offenders
364
Defences
377
Crimes against humanity
391
Commentary
405
9 and 10 July 1998
411
Languages
412
Conduct of investigations
420
Preliminary Motions
433
Notice of appeal Rule 108 bis State request for review
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
Arrest proceedings in the custodial State
477
Initial proceedings before the Court
478
The Trial
479
Trial in the presence of the accused
480
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
Akayesu Judgement
588
Subtable of Contents
591
Decision Stating Reasons for Appeals Chambers Order of 29 May 1998
606
Kambanda Judgement and Sentence
617
Conclusion 1712
620
Nuremberg Judgment
629
Other Experiments 1717
682
RAEDER
730
Conclusion 1718
731
Conclusion
743
Tokyo Judgment
751
Prisoners and Internees Forced to Sign Parole
790
43
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
ICTY DECISIONS
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
INTRODUCTION 1225
Decision on the Motion by the Accused Zejnil Delalic for
Prosecutor r Blaskic 1221
A Background 1225
29 Oct 1997 1225
Can the International Tribunal direct Binding Orders
E The Question of National Security Concerns 1252
Prosecutor r Koraferic 1265
9
2 July 1998 1273
19
Decisions
7-3
Martic
11 July 1996 excerpts 1329
13
Constitution and Procedure of an Appropriate Tribunal 43
43
Delalic Mucic Delic Landzo Celebici
58
A Counts 1 to 12Torture and Rape at Buk Bijela 1403
5
AMENDED
6
Erdemovic Judgement
9
DISPOSITION 1430
2
E Was the Plea Equivocal? 1444
5
20 Jan 1998 1265
5
What is the General Principle? 1458
9
Dokmanovic Decision on the Motion for Release by
37
Defence Arguments 1537
39
Method of Arrest 1551
ICTR Decisions
CONCISE STATEMENT OF FACTS 1565
Schroeder 1720
Freezing Experiments 1721
Membership in Criminal Organization 1728
Skeleton Collection 1741
Membership in Criminal Organization 1755
Trial of Otto Ohlendorf Others Einsatzgruppen
f Occupational Headquarters and Units Armed Forces Commander 2189
j Evidence with particular reference to hostages and reprisals 2202
m Evidence with particular reference to alleged crimes against the civilian
vii Responsibility of a Commanding Officer for Acts not Ordered by Him 2229
xiii The Findings on Counts II and III 2243
5
Suitable of Contents 2247
9
Austria
THE NETHERLANDS SUMMARY 2279
VAN MECHELEN AND OTHERS v THE NETHERLANDS
InterAmerican Commission of Human Rights
Presumption of Facts 2293
Subtable of Contents 2307
UNITED STATES EX REL QUIRIN V COX EXCERPTS 2309
STYER EXCERPTS 2321
Ex Parte Quirin US
ATTORNEY GENERAL v EICHMANN EXCERPTS 2329
JUDGMENT OF THE SUPREME COURT 2364
2
United States v Galley US
5
P N M MENTEN V PUBLIC PROSECUTOR EXCERPTS 2375
11
PenaIrala US
17
2381
TOUVIER EXCERPTS 2401
ON THE CIRCUMSTANCES AND REASONS
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