Implementing International Humanitarian Law From the Ad Hoc Tribunals to a Permanent International Criminal Court 1st Edition by Yusuf Aksar ISBN 0714684708 9780714684703

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Product details: 

ISBN 10: 0714684708

ISBN 13: 9780714684703

Author: Yusuf Aksar

Table of contents: 

Part 1 The Establishment of the Ad Hoc Tribunals (the ICTY and the ICTR) and the International Criminal Court (the ICC)
1 – The Establishment of the ICTY and the ICTR
Introduction
The Situations in the Former Yugoslavia and Rwanda
The Former Yugoslavia
Rwanda
The Establishment of the International Criminal Tribunals
The Legality of the Establishment and Competence of the Security Council
The Legal Basis for the Establishment of an International Criminal Tribunal
An International Treaty
A General Assembly Resolution
A Security Council Resolution
The Justification of the Security Council’s Action
The Practice of the ICTY
In the Trial Chamber
The Matter of Judicial Review of the Security Council Powers
The Matter of Ad Hoc Tribunals as a Measure under Article 41 of the UN Charter
The Matter of Characterisation of Armed Conflict (International or Non-International)
The Matter of Creation of Ad Hoc Tribunals as a Subsidiary Organ
The Matter of Protection of Humanitarian and Human Rights Law
In the Appeals Chamber
The Principle of Compétence de la Compétence
The Matter of ‘Political Questions’ and ‘Non-Justiciable’ Disputes
The Matter of the Legality of and Appropriateness of the ICTY as a Measure
The Matter of Established by Law
Conclusions
2 – The Creation of the International Criminal Court
Introduction and Historical Background
Before the First World War
After the First World War
After the Second World War
Establishment of the International Criminal Court (the ICC)
The Issue of Procedural Laws to Apply
The Legal Basis for the Establishment of the ICC
The United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
Conclusions
Part 2 The Substantive Law (Subject-Matter Jurisdiction) of the Ad Hoc Tribunals: Their Practice and Their Contribution to International Humanitarian Law and Impact on the ICC
3 – Individual Criminal Responsibility in International Law
Introduction
The Concept of Individual Criminal Responsibility in International Law
War Crimes
The Grave Breaches System
Violations of the Laws or Customs of War
The Crime of Genocide
Crimes Against Humanity
The Crime of Aggression (Crimes Against Peace)
Other International Humanitarian and Human Rights Law Instruments
The Practice of the Ad Hoc Tribunals and Their Contribution to International Humanitarian Law and Their Impact on the ICC
Individual Criminal Responsibility under Article 7 (1) of the ICTY Statute and Article 6 (1) of the CTR Statute
The Elements of the Principle of Individual Criminal Responsibility
The Mental Element (Mens Rea)
The Physical Element (Actus Reus)
The Significance of the Tadic Judgement in International HumanitarianLaw
The Concept of ‘Aiding’, ‘Abetting’ in International Humanitarian Law
The Elements of ‘Aiding’, ‘Abetting’
The Mental Element (Mens Rea)
The Element of Actus Reus
The Distinction between the Concept of ‘Aiding’, ‘Abetting’ and Co-perpetration
The Significance of the Furundzija Judgement in InternationalHumanitarian Law
Concluding Remarks
Individual Criminal Responsibility under Article 7 (2) of the ICTY Statute and Article 6 (2) of the ICTR Statute
Individual Criminal Responsibility under Article 7 (3) of the ICTY Statute and Article 6 (3) of the ICTR Statute
The Legal Character of Superior Responsibility and the Importance of the Use of the Term ‘Objective Responsibility’
The Elements of Superior Responsibility
The Element of Superior-Subordinate Relationship
The Mental Element (Mens Rea): Knew or Had Reason to Know
The Element of Necessary and Reasonable Measures
The Element of Causation
Individual Criminal Responsibility under Article 7 (4) of the ICTY Statute and 6 (4) of the ICTR Statute
Conclusions
4 – War Crimes
Introduction
The Grave Breaches System
The Conditions for the Applicability of the Grave Breaches System
General Conditions
Specific Conditions Applying to the Grave Breaches System
The Substantive Content of the Grave Breaches System
Wilful Killing
Torture or Inhuman Treatment Including Biological Experiments
Wilfully Causing Great Suffering or Serious Injury to Body or Health
Extensive Destruction and Appropriation of Property, Not Justified byMilitary Necessity and Carried Out Unlawfully and Wantonly
Compelling a Prisoner of War or a Civilian to Serve in the Forces of aHostile Power
Wilfully Depriving a Prisoner of War or a Civilian of the Rights of Fair andRegular Trial
Unlawful Deportation or Transfer or Unlawful Confinement of a Civilian
Taking Civilians as Hostages
Violations of the Laws or Customs of War
The Conditions for the Applicability of Violations of the Laws or Customs of War
The Substantive Content of the Violations of the Laws or Customs of War
Common Article 3 to the Geneva Conventions and the Additional Protocol II
Conclusions
5 – The Crime of Genocide
Introduction
The Concept of Genocide
Distinguishing the Crime of Genocide from Crimes Against Humanity
The Definition of Genocide
The Practice of the Ad Hoc Tribunals and Their Contribution to International Humanitarian Law and Their Impact on the ICC
The Elements of the Crime of Genocide
The Victimised Group
The Intent
The Act
The Substantive Content of the Crime of Genocide
The Acts Constituting Genocide
Killing Members of the Group
Causing Serious Bodily or Mental Harm to Members of the Group
Deliberately Inflicting on the Group Conditions of Life Calculated toBring about its Physical Destruction in Whole or in Part
Imposing Measures Intended to Prevent Births within the Group
Forcibly Transferring Children of the Group to Another Group
Individual Criminal Responsibility for the Crime of Genocide
Genocide
Conspiracy to Commit Genocide
Direct and Public Incitement to Commit Genocide
Attempts to Commit Genocide
Complicity in Genocide
Conclusions
6 – Crimes Against Humanity
Introduction
The Concept of Crimes Against Humanity
The Practice of the Ad Hoc Tribunals and Their Contribution to International Humanitarian Law and Their Impact on the ICC
The Existence of an Armed Conflict
The Requirement of Attack Being Directed Against any Civilian Population
The Notion of ‘Civilian’
The Notion of ‘Population’
The Notion of ‘Widespread or Systematic Attack’
The Policy Element
The Requirement of Discriminatory Intent
The Requirement of Mens Rea (Mental Element)
The Acts
Murder
Extermination
Enslavement
Deportation
Imprisonment
Torture
Rape
Persecutions on Political, Racial and Religious Grounds
Other Inhumane Acts
Conclusions
7 – Concluding Remarks
1. Individual Criminal Responsibility in International Law
2. War Crimes
The Grave Breaches System
Violations of the Laws or Customs of War
3. The Crime of Genocide
4. Crimes Against Humanity
Bibliography
Index

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