Implementing International Humanitarian Law: From the Ad Hoc Tribunals to a Permanent International Criminal Court

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Psychology Press, 2004 - Political Science - 314 pages
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Implementing International Humanitarian Law examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal Rwanda (ICTR). The practice of the ICTY and the ICTR and their contribution to international humanitarian law, together with their possible impact on the International Criminal Court, is examined in light of the decisions rendered by the ad hoc tribunals and of the latest international humanitarian law instruments such as the 1996 ILC Draft Code of Crimes Against the Peace and Security of Mankind and the ICC Statute.

  

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Contents

Introduction
1
The Establishment of the ICTY and ICTR
7
The Establishment of the International Criminal Tribunals
16
The Practice of the ICTY
24
Conclusions
40
Obstacles to the Establishment of the International Criminal
49
The Legal Basis for the Establishment of the ICC
60
Conclusions
67
Violations of the Laws or Customs of War
181
Conclusions
197
The Concept of Genocide
203
The Practice of the Ad Hoc Tribunals and Their Contribution
208
Conclusions
235
The Concept of Crimes Against Humanity
241
Conclusions
263
Bibliography
276

The Practice of the Ad HocTribunals Their Contributions
81
Conclusions
109
The Grave Breaches System
115

Common terms and phrases

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