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Author:   Yusuf Aksar
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Dimensions:   Width: 15.60cm , Height: 2.00cm , Length: 23.40cm
Weight:   0.800kg
ISBN:  

9780714655840

ISBN 10:   0714655848
Pages:   344
Publication Date:   22 July 2004
Audience:   General/trade ,  General
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

"Acknowledgements; Table of Cases; Table of Treaties; Abbreviations; Introductory Remarks; 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; 1.1. Introduction; 1.2. The Situations in the Former Yugoslavia and Rwanda; 1.2.1. The Former Yugoslavia; 1.2.2. Rwanda; 1.3. The Establishment of the International Criminal Tribunals; 1.3.1. The Legality of the Establishment and Competence of the Security Council; 1.3.1.1. The Legal Basis for the Establishment of an International Criminal Tribunal; 1.3.1.1.1. An International Treaty; 1.3.1.1.2. A General Assembly Resolution; 1.3.1.1.3. A Security Council Resolution; 1.3.1.2. The Justification of the Security Council's Action; 1.4. The Practice of the ICTY; 1.4.1. In the Trial Chamber; 1.4.1.1. The Matter of Judicial Review of the Security Council Powers; 1.4.1.2. The Matter of Ad Hoc Tribunals as a Measure under Article 41 of the UN Charter; 1.4.1.3. The Matter of Characterisation of Armed Conflict - International or Non-International; 1.4.1.4. The Matter of Creation of Ad Hoc Tribunals as a Subsidiary Organ; 1.4.1.5. The Matter of Protection of Humanitarian and Human Rights Law; 1.4.2. In the Appeals Chamber; 1.4.2.1. The Principle of Competence de la Competence; 1.4.2.2. The Matter of ""Political Questions"" and ""Non-Justiciable"" Disputes; 1.4.2.3. The Matter of the Legality of and Appropriateness of the ICTY as a Measure; 1.4.2.4. The Matter of Established by Law; 1.5. Conclusions; 2. The Creation of the International Criminal Court; 2.1. Introduction and Historical Background; 2.1.1. Before the World War I; 2.1.2. After the First World War; 2.1.3. After the Second World War; 2.1.4. The Establishment of the International Criminal Tribunals for the former Yugoslavia and for Rwanda and the International Criminal Court; 2.2. Obstacles to the Establishment of the International Criminal Court - The ICC; 2.2.1. The Principles of State Sovereignty and Criminal Jurisdiction; 2.2.2. Jurisdiction of the ICC; 2.2.3. The Possibility of Creating Ad Hoc Tribunals; 2.2.4. The Issue of Procedural Laws to Apply; 2.3. The Legal Basis for the Establishment of the ICC; 2.4. The United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court - 15 June; 17 July 1998; 2.5. 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; 3.1. Introduction; 3.2. The Concept of Individual Criminal Responsibility in International Law; 3.2.1. War Crimes; 3.2.1.1. The Grave Breaches System; 3.2.1.2. Violations of the Laws or Customs of War; 3.2.2.The Crime of Genocide; 3.2.3. Crimes Against Humanity; 3.2.4. The Crime of Aggression - Crimes Against Peace"

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