The Permanent International Criminal Court: Legal and Policy IssuesDominic McGoldrick, Peter Rowe, Eric Donnelly Bloomsbury Publishing, 30 мар. 2004 г. - Всего страниц: 514 The idea of an International Criminal Court has captured the international legal imagination for over a century. In 1998 it became a reality with the adoption of the Rome Statute. This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law,the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts involved in negotiating the ICC Statute, the general principles of legality, the scope of defences, evidential dilemmas, the perspective of victims, the nature and scope of the offences within the ICC's jurisdiction – aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction, the principle of complementarity, national implementation of the Statute in a range of jurisdictions, and national and international responses to the ICC. The expert contributors are drawn from a range of national jurisdictions – UK, Sweden, Canada, and Australia. The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute. |
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Стр. xi
... Common Law Tradition: The Examples of New Zealand and Canada 353 3.1 New Zealand 353 3.2 New Zealand's International Crimes and International Criminal Court Act 2000 354 3.3 Canada 356 3.4 Canada's Crimes Against Humanity and War Crimes ...
... Common Law Tradition: The Examples of New Zealand and Canada 353 3.1 New Zealand 353 3.2 New Zealand's International Crimes and International Criminal Court Act 2000 354 3.3 Canada 356 3.4 Canada's Crimes Against Humanity and War Crimes ...
Стр. 4
... common law and civil law traditions — is also presented. He submits that the differences between many States, in terms not just of the methodology of implementation but of the underlying problems that the implementation process has ...
... common law and civil law traditions — is also presented. He submits that the differences between many States, in terms not just of the methodology of implementation but of the underlying problems that the implementation process has ...
Стр. 10
... common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time'. See B Simma, 'From Bilateralism to Community Interest in International Law' (1994) 250 (IV) ...
... common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time'. See B Simma, 'From Bilateralism to Community Interest in International Law' (1994) 250 (IV) ...
Стр. 18
... common law marital rape exemption did not violate Art 7 of European Convention on Human Rights. 66See General Assembly Resolution 95(I) (1946) and the International Law Commission's formulation of the Nuremberg Principles (1950). 67See ...
... common law marital rape exemption did not violate Art 7 of European Convention on Human Rights. 66See General Assembly Resolution 95(I) (1946) and the International Law Commission's formulation of the Nuremberg Principles (1950). 67See ...
Стр. 26
... common Article 3 of the Geneva Conventions of 1949, which would apply in a noninternational armed conflict. However, the reference to 'violations of the laws or customs of war' in Article 3 of the Statute covers common Article 3.124 ...
... common Article 3 of the Geneva Conventions of 1949, which would apply in a noninternational armed conflict. However, the reference to 'violations of the laws or customs of war' in Article 3 of the Statute covers common Article 3.124 ...
Содержание
1 | |
7 | |
63 | |
The Crimes | 121 |
Liability and Defences | 231 |
Evidence and Victims | 285 |
National Implementation and Political Responses | 335 |
The Significance of the International Criminal Court | 451 |
Appendices | 479 |
Index | 487 |
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The Permanent International Criminal Court: Legal and Policy Issues Dominic McGoldrick,Peter Rowe,Eric Donnelly Ограниченный просмотр - 2004 |
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accepted accused action acts Additional adopted aggression agreement appear apply approach argued armed conflict Article basis Chamber Charter Commission committed Committee common concerned Conference considered constitute Convention crimes against humanity decision defence definition delegations determine discussion Draft effect Elements established evidence example existence fact force former Geneva genocide German Government Human Rights ICC Statute ICTR ICTY implementation individual intent interests International Criminal Court international law involved issue judges Judgment July jurisdiction justice limited matter means military noted Nuremberg obligations offences operations para participation particular party peace person political position possible practice prevent principle Procedure proceedings proposal prosecution Prosecutor protection Protocol provisions question ratification reason referred regard relation Report resolution respect responsibility Rome Statute rules Security Council specific territory treaty Trial Tribunal United universal victims war crimes witnesses Yugoslavia