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This is a comprehensive study of the law of international crimes as applied by the ad hoc Tribunals for the former Yugoslavia and Rwanda. The text contains a detailed analysis of the law of war crimes, crimes against humanity and genocide, as identified by these two tribunals.
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Edition | Availability |
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International crimes and the ad hoc tribunals
2005, Oxford University Press
in English
0199271550 9780199271559
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Book Details
Table of Contents
General remarks : the creation and jurisdiction of the ad hoc tribunals
Subject-matter jurisdiction and applicable law : customary international law and treaty law?
Identifying customary international law and the role of judges in the customary process
Binding precedents and internal jurisprudential hierarchy
War crimes in the statutes of the ad hoc tribunals
Chapeau elements of war crimes
Grave breaches of the 1949 Geneva Conventions
Other serious violations of the laws or customs of war : underlying offences
War crimes in internal armed conflicts
Crimes against humanity in the statutes of the ad hoc tribunals
Chapeau elements of crimes against humanity
Underlying offences
Genocide and international criminal tribunals
General or chapeau elements of genocide
Underlying offences
Genocide and other forms of criminal involvement
General remarks on participation
Jurisdiction ratione personae and applicable law
The person of the perpetrator : who can commit an international crime?
Article 7(1) of the ICTY Statute and Article 6(1) of the ICTR Statute : 'direct' participation
Article 7(3) of the ICTY Statute and Article 6(3) of the ICTR Statute : command or superior responsibility
Convictions under Articles 7(1) and 7(3) of the ICTY Statute and Articles 6(1) and 6(3) of the ICTR Statute
Cumulative charging and cumulative convictions
War crimes and crimes against humanity
War crimes and genocide
Genocide and crimes against humanity
Applicable law and purposes of sentencing
Relevant factors in sentencing
Other available penalty : return of property
Enforcement of sentences
Concluding remarks.
Edition Notes
Includes bibliographical references (p. [369]-382) and index.
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