... Professor of Law, University of Witwatersrand, South Africa; and Professor of Public International Law, University of Leiden, The Netherlands Michael P Scharf Professor of Law and Director ofthe ... include: fairnessofthe proceedings, the rights ofthe defense, admissibility of evidence, burden of proof andthe use of scientific and expert testimony In so doing, the author draws upon the jurisprudence ... bodies reveals that the rules of procedure and evidence andthe contents ofthe “general part” are the product of an intuitive process whereby the judges, on the basis of their individual knowledge,...
... ofthe inherent dignity andofthe equal and inalienable rights of all members ofthe OCHA and IBHI, Project Proposal: “Relating to the Problems of Implementation and Compliance in the field of ... sentence must reflect the predominant standard of proportionality between the gravity ofthe offence andthe degree of responsibility ofthe offender.”) 12 • Essays in Honor of M Cherif Bassiouni ... Assembly, ofthe Set ofPrinciples for the Protection and Promotion of Human Rights through Action to Combat Impunity.2 Because ofthe historical link between the Set ofPrinciplesandthe Vienna...
... such a way were the following: the Reichcabinet, the Leadership Corps ofthe Nazi Party, the SS and including the SD, the Gestapo, the SA, the General Staff and High Command ofthe German Armed ... miniature version ofthe war and its criminal artifacts, subjecting it to the acid test ofthe law and to the most robust of challenges from the defendants The Judgment The Judgment ofthe Tribunal ... full Professor at the Law Faculty ofthe University of Geneva, Adjunct Professor at the Graduate Institute of International and Development Studies and Director ofthe LLM Programme ofthe Geneva...
... effect on the procedural regime of Articles 18 and 19 ofthe Statute This entails an examination ofthe impact of waivers of complementarity on the application of Articles 18 and 19 ofthe Statute ... been guilty of a violation oftheprinciplesofthe law of nations as these result from the usages established among civilized peoples, from the laws of humanity and from the dictates of public ... Complexity ofthe Case 1.2.4.2 The Conduct ofthe Applicant 1.2.4.3 The Conduct ofthe Relevant Authorities 1.2.5 The Criterion of Independent or Impartial Proceedings 1.2.6 The Concept of Proceedings...
... on the one hand, and aiding and abetting a crime, on the other’.21 On the basis of these three sources – that is, Article 25(3) ofthe Rome Statute, the Dachau Concentration Camp case andthe ... (and one or more of them actually perpetrate the crime, with intent).62 On the clearest reading of Tadic´, the use ofthe term ‘co-perpetration’ in the discussion ofthe first category andthe ... Article 7(1) ofthe ICTY Statute; Article 29 ofthe Law on the Establishment ofthe Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic...
... in the investigation stage ofthe proceedings in the appeal ofthe OPCD against the decision ofthe Pre-Trial Chamber I of 3.12.2007 and in the appeals ofthe OPCD andthe Prosecutor against the ... in the investigation stage ofthe proceedings in the appeal ofthe OPCD against the decision of Pre-Trial Chamber I of 7.12.2007 and in the appeals ofthe OPCD andthe Prosecutor against the ... on the appeal ofthe Prosecutor against the ‘Decision on evidentiary scope ofthe confirmation hearing, preventive relocation and disclosure under Article 67(2) ofthe Statute and Rule 77 of the...
... ofthe Statute ofthe International Criminal Court andthe role of national courts, and offers a challenging insight into the future of international criminal justice.This is an intelligent and ... against the leaders of Nazi Germany.’ After the trials, Alfred Wiener was offered the papers ofthe British prosecution team In 1995, all but one ofthe last sworn and signed statements ofthe Nuremberg ... the Solomon Islands in the negotiation ofthe Statute ofthe International Criminal Court x Preface Seven months later, on 27 May 1999, President Slobodan Milosevic ofthe Federal Republic of...
... minister ofthe interior and former head ofthe Nazi People’s Court, andthe SS general, Kurt Daluege, head ofthe Order Police and an important figure in the apparatus of repression and genocide ... precise idea of what charges they might face A list of defendants and a list of indictable charges emerged only after months of argument, and in violation ofthe traditions of justice in all the major ... cabinet and military high command.15 The framing ofthe charges was a little less arbitrary Here there was no precedent at all The war crimes defined at the end ofthe First World War and subject...
... ‘violations ofthe laws and customs of war’ The simplicity of this definition masks the complexity ofthe detail of what actually constitutes a violation ofthe laws and customs of war So, the Charter of ... the State, who was not an of cial or an Issues of complexity, complicity and complementarity 39 organ ofthe State, andof whom, furthermore, in the face ofthe theory of law as it has been understood ... mass of additional evidence on the atrocities ofthe regime andthe widespread complicity of many of cials, judges and soldiers in these crimes has confirmed that, despite all the drawbacks of the...
... perpetration ofthe crime … In the case of aiding and abetting, the requisite mental element is knowledge that the acts performed by the aider and abettor assist the commission of a specific crime by the ... national courts: these might be the national courts ofthe perpetrator, the national courts where the acts took place, the national courts ofthe victims or even the national courts where the perpetrator ... terrorists And, as we saw above in the context ofthe claims against the Swiss banks andthe German industrialists, there is currently considerable legal activity focused on the extension of international...
... affirmation affirmed theprinciplesof international law recognised by the Charter ofthe Nuremberg Tribunal andthe judgment ofthe tribunal and directed the committee on the codification of international ... exclusive, and even established the jurisdiction ofthe national courts; in the case of Rwanda and Yugoslavia, the exercise of international jurisdiction is concurrent with the jurisdiction ofthe local ... Otherwise, human nature with the present Statute andthe Rules of Procedure and Evidence ofthe International Tribunal Article ofthe ICTR Statute provides: The International Tribunal for Rwanda...
... concerning the punishment of grave breaches ofthe Geneva Convention of 1949 and their Additional Protocols I and II of 1977 andthe punishment of serious violation of international humanitarian law .The ... take the traditional approach, and six ofthe seven Law Lords ruled against the claim to immunity The ruling ofthe House of Lords was a landmark, and has been recognised as such First, the majority ... tion (the Demjanjuk proceedings) andthe maintenance of international peace and security (the former Yugoslavia).68 In the sentencing phase ofthe Erdemovic case, the Trial Chamber ofthe ICTY...
... for the Amelioration ofthe Condition ofthe Wounded and Sick in Armed Forces in the Field, 12 August 1949, 75 UNTS 31; Geneva Convention for the Amelioration ofthe Condition of Wounded, Sick and ... seek to be comprehensive They dealt with different questions, one after another But there were many of them, and over time they came to cover much ofthe field of crimes of international concern ... elements of any significance.15 The 1973 Convention on the Suppression and Punishment ofthe Crime of Apartheid treated apartheid as a separate and special phenomenon, confined essentially to southern...
... verbatim, the language ofthe earlier conventions On the other hand, they substantially develop the field of crimes in internal armed conflict, and, as to crimes against humanity, they constitute the ... system On the other hand, there has been a significant reduction in the subject-matter of that system, i.e in the crimes which fall within the Court’s jurisdiction, The drafting ofthe Rome Statute ... jurisdiction in the interests of maximising support for the controversial idea of an ICC Indeed, the principal point ofthe exercise was to get the idea of an ICC Statute to the stage of active discussion...
... interpretation ofthe definition of genocide The same is likely to happen for other crimes within the jurisdiction ofthe Court It remains to be seen whether the Elements of Crimes will provide the intended ... about the work ofthe UN International Law Commission in preparing the Draft Statute ofthe ICC, andthe transformation of that draft into the final Statute as it emerged at Rome in the summer of ... crimes, and calls for the inclusion of women in the different organs ofthe Court The inclusion of these gender provisions in the Rome Statute clearly did not occur in a vacuum The fact that the...
... from the jurisdiction ofthe Court Upholding the rule of law: the creation of order Besides the moral condemnation of these crimes at the international level, the ICC will serve a second, and ... high seas, and Offences against the Law of Nations’.39 In the last century the US was a leading force in the establishment ofthe Permanent Court of Arbitration; a chief architect ofthe United ... architect ofthe United Nations, the IMF andthe World Bank; a leading sponsor ofthe ad hoc tribunals on Rwanda andthe former Yugoslavia; and a vocal endorser ofthe idea of an international criminal...
... the equivalent oxide thickness ofthe high-κ dielectric, εSiO2 and εhigh-κ are the permittivity of SiO2 andthe high-κ dielectric, respectively, and Thigh-κ,Phy is the physical thickness ofthe ... Instead, the source and drain fields penetrate deeply into the middle ofthe channel, which lowers the potential barrier between the source and drain and causes a substantial increase ofthe subthreshold ... leakage, the situation is still getting worse and worse as the gate oxide thickness shrinks towards the sub-1-nm regime [18]-[19] On the other hand, from the material point of view, the minimum...
... formed the basis ofthe negotiations, was ofthe view that the judges ofthe court should draft the rules, like the judges ofthe ICTY, subject to the approval of States parties Article () ofthe ... assessing their fairnessand credibility It is important that the method by which the judges ofthe ICTY have created the Rules of Procedure and Evidence, andthe way in which they amend and interpret ... that the hearing ofthe case continue in the absence of that judge for a period of not more than three days us, in the absence of one ofthe judges ofthe Trial Chamber, the remaining members of...
... Introduction 8.2 The creation ofthe ICC 8.3 Structure and composition ofthe ICC 8.4 Crimes within the jurisdiction ofthe ICC 8.5 Complementarity 8.6 Initiation of proceedings (the ‘trigger mechanisms’) ... 451 453 456 Preface With the start ofthe first prosecutions by the International Criminal Court andthe closing phases ofthe work ofthe ad hoc Tribunals, this is a good time for a new book ... introduces the subject of transnational crimes, and takes as examples terrorist offences and torture Part E is concerned with theprinciples (in Chapters 15 and 16) andthe procedures (in Chapters 17 and...
... on the nature ofthe crimes involved – not so much on the kind of harm they inflict (they all involve serious harm done to individuals), but more on how they pertain to the legitimacy ofthe ... citizens in either of these two ways, it violates the conditions of its legitimacy as a political authority, including the legitimacy of its monopoly ofthe use of force within its territory and in ... about the kind of perpetrator they involve, namely, the state through its agents, both official and unofficial I have not differentiated between cases in which the victims ofthe crimes are the...