... London from April to June 2002, organ-
ised around the theme From Nuremberg to The Hague:
The Future of International Criminal Justice .
The five lectures here published trace the historical
and ... war crimes, from the machine-gunning of
the survivors of sunken ships to the torture of prison-
ers -of- war. For this there already existed legal prov...
... then defined as
‘violations of the laws and customs of war’. The simplic-
ity of this definition masks the complexity of the detail
of what actually constitutes a violation of the laws and
customs ... were
raised at the sentencing stage included the fact that he
took no steps to prevent the participation of the tea
factory employees or the use of its vehicl...
... by
going to another country’.
42
These instruments were adopted in the absence of
any international criminal court. They confirm the
commitment of the international community to crimi-
nalise ... with the crime of apartheid may be
tried ‘by a competent tribunal of any state party to the
Convention which may acquire jurisdiction of the
person of the accused...
... considered to be an outline of the
future foreign policy of Hitler’s Germany. A British
Foreign Of ce analysis of the content of the book, writ-
The Nuremberg trials: international law in the making 17
18
NA ... guest -of- honour
at a dinner for the Tribunal judges, compelled his
companions to raise their glasses in a macabre toast to the
defendants:‘May...
... the Judgment of the Tokyo Tribunal summarising count one
of the indictment, at p. 48,4 21 of the original transcripts, repro-
duced in The Tokyo War Crimes Trial: The Complete Transcripts
of the ... at the national level in national courts: these
might be the national courts of the perpetrator, the
national courts where the acts took place, the national
co...
... 97
54
Law of 16 June 19 93 Concerning Punishment of Grave Breaches of
the International Geneva Conventions of 12 August 19 49 and of
Protocols I and II of 8 June 19 77 Additional Thereto,as amended
by the ... namely,
that the loss of immunity arose not under customary
international law, but rather from the coming into force
in late 19 88 of the 19 84 Con...
... Drugs,
11
a long line of treaties
dealt with the suppression of crimes of international
The drafting of the Rome Statute 11 9
9
Report of the International Law Co
mmission on the Question
of International ... further
away from, not closer to, an international criminal
court. Indeed, it is not too much to say that the devel-
opment of international...
... separate international criminal
justice system. The drafting of the Rome Statute is the
history of the move from the first to the second model.
The ILC’s procedural model
The ILC’s approach was to create ... independent investigatory role to the
Prosecutor, prior to the referral of a case and independ-
ently of the consent of the states concern...
... appointment of women to the
International Criminal Court be taken seriously by all
states parties to the Rome Statute. The under-represen-
tation of women on the Court threatens to undermine
the legitimacy ... range of
gender-based or sex-based crimes, provides certain
protections to victims of these crimes, and calls for
the inclusion of women in the diffe...
... (eds.), The Law of
War Crimes: National and International Approaches (Kluwer
Law International, London and The Hague, 19 97), p. 1 at p. 29.
26
See the Preamble to the Statute of the International Criminal
Court.
UK ... vision of the future of the inter-
national legal system.
At the Rome Conference in 19 98, the US worked
closely with the UK throug...