Substantive and procedural aspects of international criminal law. 1. CommentaryGabrielle Kirk MacDonald, Olivia Q. Swaak-Goldman BRILL, 2000 - 3 trang 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. |
Nội dung
SELECTED JUDGMENTS ON NAZI CRIMES | 15 |
78 | 22 |
TOWARDS A COMPREHENSIVE | 28 |
35 | |
UNITED NATIONS MOVES TO CURB | 50 |
GENERAL ASSEMBLY MOVES TOWARD | 57 |
Table of Contents | 65 |
97 | |
PRIMACY VERSUS COMPLEMENTARITY | 405 |
THE ANCILLARY ROLE OF NATIONAL COURTS | 408 |
THE ROLE OF CIVIL REMEDIES | 410 |
CONCLUSION | 413 |
Table of Contents | 417 |
453 | |
INTRODUCTION | 455 |
EXCLUSIONARY RULES OF EVIDENCE | 476 |
INTERNATIONAL ARMED CONFLICTS | 99 |
NONINTERNATIONAL ARMED CONFLICTS | 105 |
CONCLUSION | 111 |
Table of Contents | 115 |
INTRODUCTION | 145 |
THE ELEMENTS OF THE CRIME UNDER | 152 |
ARE CRIMES AGAINST | 164 |
the Physical or Mental Integrity of the Human Person | 169 |
Mrs Olivia SmaakGoldman | 171 |
141 | 223 |
169 | 230 |
Sexual Violence | 263 |
335 | |
INTRODUCTION | 337 |
42 | 346 |
A CRIME AGAINST THE PEACE | 350 |
40 | 358 |
38 | 364 |
369 | |
INTRODUCTION | 371 |
FREES | 372 |
52 | 379 |
DEFENCES BASED ON OFFICIAL POSITION | 384 |
391 | |
INTRODUCTION | 393 |
THE RECENT RECORD OF WAR CRIMES PROSECUTIONS | 395 |
THE AD HOC TRIBUNALS AND THE PRIMACY OF INTERNATIONAL JURISDICTION | 401 |
THE INTERNATIONAL CRIMINAL COURT AND COMPLEMENTARITY | 404 |
Table of Contents | 481 |
Trial Procedures and Practices | 513 |
PRETRIAL MATTERS | 520 |
RECENT DEVELOPMENTS | 541 |
INTRODUCTION | 551 |
THE RULES OF PROCEDURE AND EVIDENCE | 553 |
THE RPE AS APPLIED | 558 |
The Tadić case | 559 |
The Erdemović case | 574 |
The Blaškić case | 578 |
The Čelebići case | 588 |
The Aleksovski case | 594 |
The Furundžija case | 596 |
The Kovačević case | 603 |
The Dokmanović case | 607 |
B ICTR Cases | 609 |
The Akayesu case | 611 |
AMENDMENTS AND REVISIONS OF THE RPE | 615 |
CONCLUSION | 620 |
Table of Contents | 626 |
INTRODUCTION | 627 |
THE AD HOC INTERNATIONAL | 636 |
EXERCISE OF THE RIGHT OF APPEAL | 642 |
INTERLOCUTORY APPLICATIONS | 648 |
FUNCTION OF APPELLATE COURTS | 655 |
xiii | 659 |
669 | |
Ấn bản in khác - Xem tất cả
Substantive and Procedural Aspects of International Criminal Law:The ... Gabrielle McDonald Không có bản xem trước - 2000 |
Substantive and Procedural Aspects of International Criminal Law:The ... Gabrielle McDonald Không có bản xem trước - 2000 |
Thuật ngữ và cụm từ thông dụng
accused Additional Protocol aggression Akayesu appeals chamber application arrest associated personnel attack BASSIOUNI Blaškić Čelebići commentary Commission committed Common Article conduct crimes against humanity criminal responsibility Decision defence counsel degrading treatment Delalić detention Draft Code Erdemović evidence former Yugoslavia grave breaches provisions Human Rights ICTR ICTY indictment individual infliction inhuman treatment inhumane acts INT'L intent international armed conflict International Criminal Court international criminal law International Criminal Tribunal international humanitarian law international law International Tribunal issue Judge Judgment jurisdiction jurisprudence killing Military Tribunal murder national courts Nations and associated Nuremberg Charter offence paras parties perpetrator persecution person pre-trial principle prohibition prosecution Prosecutor Protective Measures Protocol II punishment rape Report reprinted Rome Statute Rwanda Security Council sexual assault sexual violence supra note supra note 12 Tadić tion Torture Convention treaties trial chamber U.N. Doc United Nations victims and witnesses war crimes
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