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

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Routledge, Aug 2, 2004 - Law - 344 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

Table of Cases
Table of Treaties
Introduction
Concluding Remarks
Conclusions
The Establishment of the ICTY and ICTR
Introduction
Individual Criminal Responsibility in International
Wilfully Causing Great Suffering or Serious Injury to Body or Health
The Practice of the Ad Hoc Tribunals and Their Contribution
War Crimes
TheLink Nexus betweenthe Acts of the Accused andthe Armed Conflict
The Crime ofGenocide
International Humanitarian Law andTheir Impactonthe ICC The Elements oftheCrime of Genocide
The Concept of Crimes Against Humanity
Conclusions

Obstacles to the Establishment of the International Criminal Court the
The Legal Basisforthe Establishment of the
The Situations in the Former Yugoslavia and Rwanda The Former Yugoslavia Rwanda
The Substantive Law SubjectMatter Jurisdiction of the
The Distinction Between the Concept of aiding Abetting
Conclusions
The Creation ofthe International Criminal Court
War Crimes The Grave Breaches System
Index
The Practiceofthe Ad Hoc Tribunals and Their Contribution
The Substantive Content of CrimesAgainst Humanity Murder
Crimes Against Humanity
Conclusions
Statute and Article 62ofthe ICTRStatute Individual CriminalResponsibility
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