Implementing International Humanitarian Law: From the Ad Hoc Tribunals to a Permanent International Criminal CourtImplementing 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. |
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 |
| 276 | |
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Implementing International Humanitarian Law: From the Ad Hoc Tribunals to a ... Yusuf Aksar No preview available - 2004 |
Common terms and phrases
accompanying text Additional Protocol adopted AJIL Appeals Chamber Bosnia-Herzegovina Bosnian Celebici Camp Commission commit genocide Common Article context created crime of genocide crimes against humanity customary international law Defence Motion definition Dusko Tadic establishment ethnic examined former Yugoslavia Fourth Geneva Convention Furundzija Genocide Convention grave breaches system hereinafter hoc tribunals human rights law Ibid ICC Statute ICTR ICTY ILC Draft Code indicated individual criminal responsibility intent internal armed conflicts international community International Criminal Court International Criminal Tribunal international humanitarian law International Tribunal interpretation and application Jurisdiction Decision Kayishema and Ruzindana Kordic law rules laws or customs mens rea offence paras peace and security practice principle Prosecution Prosecutor protected persons Protocol II provides Punishment rape regard regulation relation requirement rules of international Rwanda Security Council Resolution serious violations sexual violence superior responsibility supra notes Tadic Judgement tion torture Trial Chamber United Nations violations of international war crimes