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

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Psychology Press, 2004 - Law - 314 pages

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.

 

Contents

The Establishment of the Ad Hoc Tribunals the ICTY and the ICTR
5
The Practice of the Ad Hoc Tribunals Their Contributions
7
The Establishment of the International Criminal Tribunals
16
The Practice of the ICTY
23
Conclusions
40
2 The Creation of the International Criminal Court
48
The Legal Basis for the Establishment of the
60
Conclusions
67
Violations of the Laws or Customs of War
181
Conclusions
197
Introduction
199
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
Breaches System
246

Other International Humanitarian and Human Rights
81
Individual Criminal Responsibility under Article 7 3
97
The Element of Necessary and Reasonable Measures
106
War Crimes
150
Conclusions
263
Bibliography
276
Index
301
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