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War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
This book provides a critical analysis of the definitions of war crimes and crimes against humanity as construed in the Rome Statute of the International Criminal Court.Each crime is discussed from its origins in treaty or customary international law, through developments as a result of the jurisprudence of modern ad hoc or internationalised tribunals, to modifications introduced by the Rome Statute and the Elements of Crimes. The influence of human rights law upon the definition of crimes is discussed, as is the possible impact of State reservations to the underlying treaties which form the basis for the conduct covered by the offences in the Rome Statute. Examples are also given from recent conflicts to aid a ‘real life’ discussion of the type of conduct over which the International Criminal Court may take jurisdiction.This will be relevant to postgraduates, academics and professionals with an interest in the International Criminal Court and the normative basis for the crimes over which the Court may take jurisdiction.
eBook
War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
This book provides a critical analysis of the definitions of war crimes and crimes against humanity as construed in the Rome Statute of the International Criminal Court. Each crime is discussed from its origins in treaty or customary international law, through developments as a result of the jurisprudence of modern ad hoc or internationalised tribunals, to modifications introduced by the Rome Statute and the Elements of Crimes. The influence of human rights law upon the definition of crimes is discussed, as is the possible impact of State reservations to the underlying treaties which form the basis for the conduct covered by the offences in the Rome Statute. Examples are also given from recent conflicts to aid a 'real life' discussion of the type of conduct over which the International Criminal Court may take jurisdiction. This will be relevant to postgraduates, academics and professionals with an interest in the International Criminal Court and the normative basis for the crimes over which the Court may take jurisdiction.
eBook
THE EUROPEAN COURT OF HUMAN RIGHTS: A Living Instruments as Applied to Homosexuality
The current method of interpretation of the ECHR has its roots in the court's decision in Golder v. United Kingdom, a decision that, ironically, is one of the few in which the court made reference to the Vienna Convention on the Law of Treaties.4 Despite the fact that the Vienna Convention was not in force at the time of the decision, the court accepted that articles 31-33 of the Convention (on treaty interpretation) were \"generally accepted principles\" of international law.5 The court carried out its reasoning in the case, based purely on the \"object and purpose\" of the ECHR as a whole, notably not referring to the interpretation of the text that had been intended by the drafters at the time of the adoption of the ECHR.'5 If the ECtHR had taken that approach, it would have had the effect of freezing the interpretation of the human rights of the ECHR at the standard understood in the early 1950s.
Journal Article
International Humanitarian Law and Bombing Campaigns: Legitimate Military Objectives and Excessive Collateral Damage
Despite the introduction and increasing use of ‘smart’ bombs, recent bombing campaigns in Iraq, Afghanistan and Serbia, formerly known as the Federal Republic of Yugoslavia (FRY), have resulted in what some commentators consider to be an unacceptably high level of civilian casualties, especially when compared with the low level of combatant casualties in the attacking force. During the most recent Gulf conflict, a conservative estimate suggests that over 1,100 Iraqi civilians died within the first 2 months as a result of aerial bombardment or missile attacks by Coalition forces and that approximately another 600 civilians were killed by unexploded ordinance during the same period. There are no reliable statistics for civilians injured by aerial bombardment and unexploded ordinance in that period but the number is likely to have been many times higher than the number of fatalities.
Journal Article
Chapter 5 - International humanitarian law and bombing campaigns: Legitimate military objectives and excessive collateral damage
Despite the introduction and increasing use of 'smart' bombs, recent bombing campaigns in Iraq, Afghanistan and Serbia, formerly known as the Federal Republic of Yugoslavia (FRY), have resulted in what some commentators consider to be an unacceptably high level of civilian casualties, especially when compared with the low level of combatant casualties in the attacking force. During the most recent Gulf conflict, a conservative estimate suggests that over 1,100 Iraqi civilians died within the first 2 months as a result of aerial bombardment or missile attacks by Coalition forces and that approximately another 600 civilians were killed by unexploded ordinance during the same period. There are no reliable statistics for civilians injured by aerial bombardment and unexploded ordinance in that period but the number is likely to have been many times higher than the number of fatalities.
Journal Article
The preparatory Commission for the International Criminal Court
The Preparatory Commission (PrepCom) was established by Resolution F of the Final Act of the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court (ICC). Under this resolution the PrepCom is intended to \"take all possible measures to ensure the coming into operation of the International Criminal Court without undue delay\", and \"to make the necessary arrangements for the commencement of [the Court's] functions\".
Journal Article
