Elements of War Crimes under the Rome Statute of the International Criminal Court: Sources and Commentary
Cambridge University Press, 27 мар. 2003 г. - Всего страниц: 524
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.
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According accused acts Additional adopted apply armed conflict attack aware basis cause civilian combat Commentary committed Committee Communication concerning conduct considered constitute contained context Court Court of Human crime criminal defence defined definition deprivation destruction direct ECtHR effects elements enemy European Court example existence fact Geneva Conventions Hague Regulations held hostilities Human Rights humanitarian law ICC Statute ICRC ICTY indicated individual intent international armed conflict international law interpretation Italy Judgment Judgments and Decisions Legal LRTWC material means mental element military nature necessary objects occupied offence operations para paragraph particular Party perpetrator personnel persons Power PrepCom principle prisoners prohibited Prosecutor protected Protocol provisions Publications reasons reference regard relation relevant Report respect result rules Series serious specific Statute suffering taking term territory torture treatment Trial Tribunal United UNWCC victim violation war crime weapons wounded
Стр. 437 - Press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice...
Стр. 52 - ... obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Стр. 437 - ... where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances...
Стр. 421 - Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
Стр. 480 - Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause...
Стр. 259 - All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of munitions of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made.
Стр. 399 - To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever...
Стр. 217 - Art. 27. ln sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.
Стр. 91 - An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations.