International crimes and the ad hoc tribunals /
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| Format: | Book |
| Language: | English |
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Oxford ; New York :
Oxford University Press,
2005
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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