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Oxford Law Citator
Contents
Expand All
Collapse All
Preliminary Material
Editors
Editor-in-chief
Editorial Committee
Foreword
Contents
List of Contributors
Glossary and List of Abbreviations
(Treaties, Laws, Agreements, Courts, Institutions, References and Legal Materials) etc.
Shorthand references for books, journals, and law resources and reference works
Websites with resources on international criminal law
Official Websites of Courts and Tribunals
NGOs and Organizations
Other Sources
Tables of Cases
Argentina
Australia
Belgium
Bosnia-Herzegovina
Canada
Canadian Military Courts
Chile
Control Commission Courts
Denmark
East Timor Special Panel for Serious Crimes
Ethiopia
European Court of Human Rights
European Court of Justice
France
French Military Tribunals
Germany
Greece
Indonesia
Inter-American Court of Human Rights
International Court of Justice
International Criminal Court
Iraq
Israel
Italy
Japan
Mexico
Netherlands
Nigeria
Norway
Nuremburg—International Military Tribunal
Ottoman Empire
Permanent Court of International Justice
Poland
Rwanda
Rwanda—International Criminal Tribunal
Senegal
Sierra Leone—Special Court
South Africa
Spain
Switzerland
Tokyo—International Military Tribunal for the Far East
UN Committee Against Torture
UN Human Rights Committee
United Kingdom
United Kingdom Military Courts
United States
US Military Tribunals
USSR
Yugoslavia
Yugoslavia—International Criminal Tribunal
Table of National Legislation and other National Texts
Argentina
Australia
Belgium
Bosnia-Herzegovina
British Zone of Control in Germany
Bulgaria
Cambodia
Canada
Chile
China
Congo
Denmark
El Salvador
Ethiopia
France
Germany
Indonesia
Iraq
Israel
Italy
Kosovo
Lebanon
Liberia
Lithuania
Netherlands
Netherlands East Indies
New Zealand
Norway
Ottoman Empire
Peru
Poland
Rwanda
Sierra Leone
South Africa
Spain
Switzerland
Turkey
United Kingdom
United States
USSR
Yugoslavia
Table of Treaties and other International Instruments
Main Text
Part A Major Problems of International Criminal Justice
I How to Face International Crimes
Collective Violence and International Crimes
1 Introduction
2 Interpretations by Social Scientists
3 Group Boundaries: Ingroup and Outgroup
4 Genocide Victims, Torture, Denial, and Therapeutic Approaches
5 Recognition and Reparation for Victims of Collective Violence
6 Conclusion
State Responsibility and Criminal Liability of Individuals
1 Introduction
2 Theories on Individual Responsibility
3 State Responsibility and Individual Criminal Liability as Distinct Regimes
4 The Relevance of Primary Rules of Conduct to Secondary Rules of Responsibility
5 National Enforcement
6 International Enforcement
7 Conclusion
Bibliography
Alternatives to International Criminal Justice
1 Introduction
2 National Courts
3 Truth Commissions
4 Non-criminal Sanctions
5 Reparations and Other Forms of Redress for Victims
6 Amnesties and Pardons
7 Conclusion
Bibliography
II Fundamentals of International Criminal Law
Sources of International Criminal Law
1 Introduction
2 The Application of International Law in Domestic Prosecutions for International Crimes
3 Sources of ICL Applied by International Tribunals
A The Statutes of the Tribunals
B Elements of Crimes, Rules of Procedure and Evidence and Other Regulations
C Other Treaties
D Customary International Law
E General Principles of Law
F Judicial Decisions
Bibliography
General Principles of International Criminal Law
1 Introduction
2 Fundamental Principles
3 International Element
4 The Structure of Crimes Under International Law
A Material Element
B Mental Element
C Grounds for Excluding Criminal Responsibility
D Requirements for Prosecution
5 Individual Criminal Responsibility
6 Superior Responsibility
7 Inchoate Crimes
8 Omissions
9 Official Capacity and Immunity
10 Multiplicity of Offences
Bibliography
International Criminalization of Prohibited Conduct
1 The Emergence of International Criminal Rules Prohibiting Some International Crimes
2 Which Conducts are Criminalized by International Law?
3 …And Those that are Not
4 The Relevance of the International Criminalization of Prohibited Conduct: its Corollaries and Challenges
A International Crimes Proper and Treaty-based Crimes
B What the International Criminalization of Individuals’ Conduct entails for States in the Area of Criminal Law
C The Inconsistency of Some Traditional Legal Constructs with the International Criminalization of Individuals’ Conduct
Bibliography
Gender-related Violence and International Criminal Law and Justice
1 Introduction
2 The Meaning of ‘Gender-related’ Violence
3 The Statutes of the ICTY and the ICTR
4 The Statute of the ICC
5 ICTY and ICTR Jurisprudence
6 The Problem of Definition
7 The Question of Coercion and Consent
8 Conclusions
Bibliography
Modes of International Criminal Liability
1 Introduction
2 Participation
3 Participation and Inchoate Crimes
4 Superior Responsibility
5 Individual Guilt
6 Customary International Law
7 Legality
Bibliography
III The Interplay of International Criminal Law and Other Bodies of Law
Comparative Criminal Law as a Necessary Tool for the Application of International Criminal Law
1 The Place of Comparative Law in the Practice of International Criminal Courts
A Procedural Law
B Substantive Law
2 The Meaning of Comparative Law in a Simultaneously International and Criminal Context
A International Law
B Criminal Law
3 Conclusion
The Influence of the Common Law and Civil Law Traditions on International Criminal Law
1 General Differences
A Substantive Criminal Law
2 Institutional Differences
A Jury Trial, More Broadly, Lay Participation
B Day in Court
C Adversary System
Humanitarian Law and International Criminal Law
1 Introduction
2 Definition and Differentiation
3 Provisions on International Criminal Responsibility Contained in International Humanitarian Law
4 Enforcement of International Humanitarian Law through International Criminal Law: Advantages
5 Contribution of International Criminal Law and Justice to the Development of International Humanitarian Law
A Development of the Law of Non-International Armed Conflicts (Bringing it Closer to IHL of International Armed Conflicts)
B Clarification of the Line Separating International from Non-International Armed Conflicts
C Redefinition of the Concept of Protected Persons in International Armed Conflicts
D Clarification of the Geographical, Material, Temporal and Active and Passive Personal Fields of Application of IHL
E Interpretation of a Great Number of Substantive Provisions of IHL
6 Risks of International Criminal Law and International Criminal Justice for International Humanitarian Law
A Theoretical Risks which Did Not Materialize
B Risks which have Partially Materialized
7 Conclusion
Bibliography
IV International Criminal Trials
The Rationale for International Criminal Justice
1 Introduction
2 The Failings of National Courts
3 Three Fall-back Alternatives to Territorial Jurisdiction: Resort to Criminal or Civil Courts of Other States or to International Courts
A National Criminal Courts
B National Civil Courts
C International Criminal Courts and Tribunals
(i) Merits of International Jurisdiction
(ii) The Historical Development of International Criminal Justice
(a) The Nuremberg International Military Tribunal
(b) The ICTY and the ICTR
(c) The International Criminal Court
(d) Mixed Courts
4 The Prospect for International Criminal Justice
Bibliography
International Criminal Justice in Historical Perspective: The Tension Between States’ Interests and the Pursuit of International Justice
1 The Postulate of International Criminal Justice
2 The Evolution of International Criminal Justice
3 Conclusion
The International Criminal Court as a Turning Point in the History of International Criminal Justice
1 Introduction
2 The ICC and Fundamental Principles of Criminal Justice
A Moving from Victor’s and Ad hoc Justice towards Equality before ICL
B The Unprecedented Emphasis on Nullum Crimen Sine Lege in the ICC Statute
3 Cornerstones of the ICC Statute
A Codification of the Second Generation of Substantive ICL
B The Crystallization of a General Part of ICL
C An International Criminal Procedure Sui Generis
(i) The Various Stages of Proceedings
(ii) State Cooperation
4 Challenges
A The Crime of Aggression: Completing the Codification
B Transnational Terrorism: Towards a Third Generation of ICL?
C The Dangers of a Policy of Quasi-Consensual International Criminal Justice Against Non-state Actors
D The ICC and National Criminal Courts: Flexible Strategy against Impunity or System of International Criminal Justice?
E The Amnesty Issue: The Irresolution of Rome
5 Conclusion
Bibliography
The International Criminal Court and Third States
1 Introduction
2 Third States: the Law of Treaties
3 The Articles of the ICCSt. Relevant to Third States
A Jurisdiction
1 Article 12(2)
2 Article 12(2) and (3)
3 Article 13(b)
4 A Question as to Admissibility
B Substantive Law Issues
C Evidence Gathering
D Cooperation
1 Competing Requests for Assistance
2 Information, Property or Persons under the Control of Third States
3 Surrender or Assistance Affecting Existing International Obligations
4 Cooperation by Third States as a Matter of Obligation
5 The Activities of the Preparation Commission
6 The Future
Bibliography
Politics and Justice: The Role of the Security Council
1 Introduction
2 Domestic Politics
3 The Politics of the Security Council
A The Establishment of International Criminal Jurisdictions
B The Security Council and the ICC—The Politics of Referral and Deferral
C The Choice of the Applicable Law
D Enforcing International Cooperation in Theory and in Practice
4 Conclusion
Bibliography
Problematic Features of International Criminal Procedure
1 Introduction: Ends and Means
2 The Bipolar Tension
3 The Problem of Goals
A Overabundance
B Internal Tensions
C Absence of Ranking Order
4 Procedural Goals and the Polarization of Issues
A Making a Historical Record
B Satisfying Crime Victims
C Promoting Human Rights
D Conclusion
5 Searching for a Paramount Goal
6 Procedural Implications of the Didactic Goal
7 Final Remarks
Cooperation of States with International Criminal Tribunals
1 Introduction
2 Preliminary Remarks
3 Shaping Cooperation Law: Jurisprudential Developments
4 Understanding the Vertical Cooperation Model
A Grounds for Refusal
B Reciprocity
C Dispute Settlement
D Evaluation
5 Duty to Cooperate under International Law
A Legal Basis
B Content of the Duty to Cooperate
6 Enforcement of the Duty to Cooperate
7 Concluding Observations
Bibliography
Means of Gathering Evidence and Arresting Suspects in Situations of States’ Failure to Cooperate
1 Introduction
2 Third States
A Obtaining Suspects
B Collecting Evidence
1 Victims/Witnesses
2 Other Evidence
3 International Actors
A International Organizations
B Non-Governmental Organizations and Private Individuals
4 Accomplices and Co-perpetrators
5 Conclusion
Bibliography
International v. National Prosecution of International Crimes
1 Introduction
2 Modes of Enforcement: International—National—Hybrid
3 Distributing Jurisdiction: Modes and Criteria
4 Towards a System of International Criminal Justice
Bibliography
Judicial Activism v. Judicial Restraint in International Criminal Justice
1 Introduction
2 The Unspoken Risks of Restraint
3 The Role of Judges in International Criminal Law
4 Conclusion
Bibliography
Part B Issues, Institutions, and Personalities
A
Abuse of Process (in International Criminal Proceedings)
Accusatorial v. Inquisitorial Model
Accused (Rights of)
Acquittal
Active Personality Principle
Actus Reus
Ad Litem Judges
Adversarial v. Inquisitorial Model
Affidavit
Aggravating Circumstances
Aggression
Aiding and Abetting
Alibi
Alien Tort Statute
Amendments to the RPE (ICTY and ICTR)
American Servicemen Protection Act
Amicus Curiae
Amnesty
Anonymous Witness
Apartheid as an International Crime
Appeal
Arbitrary Arrests and Detentions
Armed Conflict
Armenian Genocide
Armenians (Massacres of)
Arms Trafficking
Arrest and Surrender
1 Arrest
A Power to request arrest
B Conditions for issuing an arrest warrant
C Addressees of arrest warrants
D Implementation of arrest warrants
E Remedies for unlawful arrest
2 Surrender
Article 98 (ICCSt.) Agreements
Attack on Civilians
Attempt
Aut Dedere Aut Judicare
B
Bail
Belgian Legislation on International Crimes
Bernard, Henri
Bernays, Murray C.
Beyond Reasonable Doubt
Biddle, Francis
Blockburger Test
Bosnian Special Court
Burden of Proof
C
Chapeau Elements
Chapter VII Measures (UN Charter) (with regard to International Tribunals)
Child Soldiers (Recruitment and Use in Armed Conflict)
Child Witnesses
Civilians (Attacks on)
Civilians (Protection of)
Civil Remedies for International Crimes
1 Remedies in the state where the crime occurred or which is responsible for the crime
2 Remedies in the domestic courts of other states
3 Obstacles to proceedings
4 Civil remedies in international tribunals
Code of Conduct for Defence Counsel (Appearing before International Criminal Courts and Tribunals)
Combatants
Command Responsibility
1 Superior-subordinate relationship
2 Mens rea
3 Failure to prevent or punish
Commission on the Responsibility of Authors of War (Report of)
Commissions of Inquiry
Common Article 3
Compensation to Victims
Complicity in Genocide
Concentration Camps
Conspiracy
Contempt of Court
Control Council Law No. 10
Counsel (Right to)
Courts Martial
Crimes Against Humanity
1 Origin of the Notion
2 The Nuremberg Tribunal
3 The ad hoc tribunals for the former Yugoslavia and Rwanda
4 The ICCSt.
5 Concluding remarks
Cross-examination
Culpa
Culpability
Cumulative Convictions
D
Death Penalty (International Crimes)
De Facto Command
Defence Counsel
Defence Counsel Associations (International Bar Associations)
Defences
Defendant (Rights of)
Deferral
De Jure Command
Deportation and Forcible Transfer
Deschênes, Jules
Detention (Ad Hoc International Tribunals)
Detention (Conditions of)
Direct Examination
Disappearances (Forced)
Disclosure
Discovery
Disqualification
Documentary Evidence
Dolus Eventualis
Dolus Specialis
Donnedieu De Vabres, Henri
Double Jeopardy
Drug Trafficking
Duress
Duty to Punish
E
East Timor Special Panels
Effective Control
Elements of Crimes (in the ICC)
Enemy Combatants
Enforced Disappearances
Enforcement of Sentences
Equality of Arms
Ethnic Cleansing
European Arrest Warrant
Evidence
1 The development of the law of evidence
2 The scope of the evidentiary process
3 The admission of evidence
Examination-in-chief
Exculpatory Evidence
Ex Post Facto Law
Excuses and Justifications
Extenuating Circumstances
Extermination (as a Crime Against Humanity)
Extradition
Extraordinary Chambers of Cambodia
1 Establishment
2 Organization and operation
F
Fair Trial
Financing (of Persons or Groups Committing International Crimes)
1 Drugs and Transnational Organized Crime
2 Financing of Terrorism
3 Listing and Delisting
Forced Marriages
Forced Pregnancy
Freezing of Assets
1 The Notion
2 Conflict with Human Rights Standards
3 The Practice of International Criminal Tribunals
4 The Immunity of Certain Categories of Persons from Executive Measures
G
Gacaca
Geneva Conventions of 1949 and Additional Protocols
1 Origins and Common Features of the Conventions
2 Innovations Introduced by the two Additional Protocols of 1977
3 The Third Additional Protocol of 2005
4 Major Developments due to ICL
5 Current Challenges to the Conventions and Additional Protocols
Genocide
1 Actus reus
A The notion of ‘group’
B The question of whether a genocidal policy is always required
2 Mens rea
German Law on International Crimes
Grave Breaches
Guantánamo
Guerillas
Guilty Plea
H
Hague Conventions on the Laws of Warfare
Hate Crimes
Headquarters Agreements
Hearsay
Hijacking
Holocaust
Hostage Taking
Host State
Human Trafficking
I
ICC (Appellate Proceedings)
ICC (Charges)
ICC (Complementarity)
ICC (Deferral)
ICC (Office of the Prosecutor)
ICC (Pre-trial Proceedings)
ICC (Structure and Functioning)
ICC (Trial Proceedings)
ICC (Trigger Mechanisms)
ICTR
1 Introduction
2 Mandate
3 Structure
4 Proceedings
5 Rwanda
6 Completion Strategy
ICTY
ICTY and ICTR (Appellate Proceedings)
ICTY and ICTR (Bureau)
ICTY and ICTR (Completion Strategy)
ICTY and ICTR (Indictment)
ICTY and ICTR (Pre-trial Proceedings)
ICTY and ICTR (Trial Proceedings)
ICTY and ICTR (Sentencing)
1 Sentencing Factors
2 Available Measures of Punishment
3 The Serving of Sentences
Immunities of Persons from Jurisdiction
1 Introduction
2 Functional Immunity and International Crimes
3 Personal Immunities and International Crimes
Immunity of Property
Impartiality of Judges
Inchoate Crimes
Incitement (to Commit Genocide)
Independence and Impartiality of Tribunals
Inquiry Commissions
Inquisitorial v. Accusatorial Model
Instigation
Intent
Interlocutory Appeal
Internal Armed Conflict
International Armed Conflict
International Committee of the Red Cross
Internationalized Armed Conflict
Intoxication
Investigations
Iraqi High Tribunal
J
Jackson, Robert
Jahrreiss, Hermann
Jaranilla, Delfin
Joinder
Joint Criminal Enterprise
1 Emergence of JCE
2 Subsequent Application of JCE by International and Internationalized Tribunals
3 The Common Criminal Purpose Requirement
4 The Contribution Requirement
5 Membership in the JCE
6 JCE as a form of Commission
7 Criticisms of JCE
Joint Trials
Judges (Appointment, etc.)
Judicial Notice
Jurisdiction (Principles of)
Jurisdictional Challenges
Justifications
K
Kama, Laïty
Keenan, Joseph
Kelsen, Hans
Kosovo Special Courts
Kranzbühler, Otto
L
Latin American Truth and Reconciliation Commission
Lauterpacht, Sir Hersch
Lawful Combatants
Lawrence, Lord Justice
Legal Aid (Assistance)
Leipzig Supreme Court
Lieber Code
Li, Haopei
M
Martens Clause
May, Richard
Mens Rea
Mental Disease
Military Commissions
Military Commissions and Courts-Martial in the USA
Military Objectives
Military Tribunals
Mistake of Fact
Mistake of Law
Mitigating Circumstances
Mixed or Internationalized Courts
Money Laundering
Motive
Multiple Accused
Murder
N
National Legislation on International Crimes
Nationality Principle
National Security Interests (Protection of)
Ne Bis in Idem
Necessity and Duress
Negligence
Nexus with Armed Conflict
Nexus with Widespread and Systematic Attacks
Nikitchenko, I.T.
Non-retroactivity
Nullum Crimen Sine Lege
1 Specificity
2 Non-retroactivity
3 Ban on Analogy
4 Favor rei
Nuremberg International Military Tribunal
1 Backdrop
2 The London Negotiations
3 The London Charter
4 The Indictment and the Trial
5 The Judgment
6 Critiques
Nuremberg Trial(s)
O
Offences Against the Administration of Justice
Omission
Ordering
Other Inhumane Acts
P
Pal, Radhabinod
Pardon and Commutation of Sentences
Passive Personality Principle
Penalties
Persecution
1 Discriminatory Purpose
2 Definition of Persecutory Acts
Pillage
Piracy
Planning
Presumption of Innocence
Pre-trial Chamber
Pre-trial Custody
Pre-trial Judge (ICTY, ICTR)
Primacy (of Ad Hoc Tribunals)
Principle of Legality (General)
Prisoners of War
Privileges and Immunities of International Personnel
1 Introduction
2 The Core Issue: Immunity from the Jurisdiction of Foreign States
3 Immunities Accruing to Military and Civilian Personnel Taking Part in International Peacekeeping Operations
Prohibited Weapons
Proof (Burden of)
1 Arrest
2 The Guilt of the Accused in Respect of the Charges against Him
3 Sentencing
4 Other decisions
Proportionality
Prosecutorial Discretion
Protected Objects
Protected Persons
Protective Principle (Jurisdiction)
Provisional Release
R
Rape
Rebels
Recklessness
Recusal of Judges
Referral
Registry
Renditions (Extraordinary)
Reparations to Victims
Respect for Human Rights in International Criminal Proceedings
Retroactive Legislation
Review Proceedings
RöLing, Bernardus
Rome Diplomatic Conference (1998)
Rule 61 Proceedings (ICTY, ICTR)
Rules of Procedure and Evidence
Russell Tribunal
Rwandan Genocide Cases
1 Jurisdiction of the Specialized Chambers
A General
B Subject-Matter Jurisdiction
i Genocide and Crimes against Humanity
ii Crimes under the Rwandan Penal Code
2 Procedural Problems
A Confession and Guilty Plea Procedure
B Rights of the Defendant
C Conduct of Trials
D Right to a Lawyer for the Civil Petitioners (parties civiles)
E Investigation of the Crime Scene and Interrogation of Witnesses by the Tribunal
F Allegations of Torture
G Appeal
3 Outcome of Trials
A Classification and Penalties
B Acquittals
C Mitigating Circumstances
D Civil Claims
S
Safe-Conduct
Self-Defence
Self-Representation
Sentencing
Separate and Dissenting Opinions
Seriousness
Servatius, Robert
Sexual Violence
Sidhwa, R. S.
Slavery
Spanish Legislation on International Crimes
Special Court for Sierra Leone
Special Intent
Special Tribunal for Lebanon
Specificity of International Criminal Rules
Standard of Proof
Statute of Limitations
Subpoenas
Superior Orders
Superior Responsibility
Surrender
Suspect
Suspension of Proceedings by the UN SC
T
Targeting (Rules on)
Taylor, Telford
Territoriality Principle
Terror, as found in Galić
Terrorism
1 Defining Terrorism under International Law
A Early Developments
B Developments from the 1990s to Date
2 Individual Criminal Responsibility for Terrorism
3 Terror in IHL as a War Crime
Timor Leste Special Panels
Tokyo International Military Tribunal
Torture
Totality Principle (in Sentencing)
Transitional Justice
Treaty-based Crimes
1 Introduction
2 History and Development
3 Critiques
Trial in Absentia
Truth and Reconciliation Commissions (General)
1 Incidence
2 Restorative Justice Focus
3 Problems
A Justice
B Truth
C Responsibility
Truth and Reconciliation Commissions in Africa and Asia
1 Africa
2 Asia
Truth and Reconciliation Commissions in Latin America
1 Introduction
2 Latin American TRCs
3 Operation of TRCs and Their Effects
4 Conclusion
Truth and Reconciliation Commission in South Africa
1 Work of the TRC
2 Findings and Recommendations of the TRC
3 Legacy
Tu Quoque Principle
U
Unexploded Ordnances
United Nations War Crimes Commission
Universal Jurisdiction
Universality Principle
Unlawful Combatants
US Military Tribunals sitting at Nuremberg
V
Victims (Compensation)
Victims’ Participation in International Proceedings
W
Wang, T.
Wanton Destruction Not Justified by Military Necessity
War Crimes (International Armed Conflicts)
War Crimes (Non-international Armed Conflicts)
Webb, William Flood
Wilful Killing
Witness Protection
Part C Cases
A
A. and Others V. Secretary of State for the Home Department (No. 2)
Abbaye Ardenne Case
AbdüL Kerim Bey and Others (Trial for the Deportations from Beyük Dere)
Afghan Asylum Seekers Case
Ahlbrecht
Ahmed Mithad Bey and Others (Trial of the Regional Party Secretaries)
Akayesu
Aleksovski
Allers and Others
Almelo Case
Major Legal Points
Araki and Others
Ardeatine Caves Massacre Case
ARLT
Arrest Warrant Case
Auschwitz Concentration Camp Case
Aussaresses
Azanian Peoples Organization
B
B (Germany)
B (The Netherlands)
Baba Masao
Babić
Bagilishema
Bagosora (Military I)
Bahâeddîn Şâkir Bey and Others (Harput trial)
Banović
Barayagwiza
Barbie
Legal proceedings
Main legal issues
Grounds for non-applicability of extradition law and of statute of limitations
The broadening of the category of ‘victims’ of crimes against humanity
Barnblatt
Barrios Altos
Beisky
Bellmer
Belsen Trial
Bisengimana
Bizimana
Bizimungu (Government II)
Bizumutima
BL.
Blagojević and Jokić
Indictment
Procedural Matters
Trial Judgment
Appeal Judgment
Blaškić
Trial Proceedings
Appeal Proceedings
Blaškić Subpoena Proceedings
Trial Proceedings
Appeal Proceedings
Bonini
Borkum Island Cases
Bosnia and Herzegovina v. Serbia and Montenegro
Boudarel
Bouterse
Bralo
Brandt and Others (The Medical Trial or The Doctors’ Trial)
Facts
Summary of the Decision
Sentence and Conviction
Major Legal Issues
Brđanin
Trial Proceedings
Appeal Proceedings
Joint Criminal Enterprise
Extermination
British Prosecutions Arising Out of the War in Iraq
Brown
Buck and Others
Buhler
Butare Case
Butare Four
Buzzacott v. Hill
C
C. and B.
Calley
Cappellini and Others
Caroelli and Others
Castro
Cavallo
Čelebići
Češić
Coard and Others
Cologna
Cyangugu Case
D
Damiri
Delalić and Others (Čelebići)
Indictment
Trial Judgment
Appeal Judgment
Demjanjuk, Ivan (John)
Demjanjuk, John
Deportations from Beyük Dere Trial
Deronjić
Dithmar and Boldt (Llandovery Castle case)
Djajić
Doctors’ Trial
Dover Castle Case
DRC v. Uganda
Dudley and Stephens
Dulag Luft Case
Dujail
Dusingize
E
Eck and Others (Peleus trial)
E. van E.
Ehel. M.
Eichmann
Einsatzgruppen Case
Eisentrager
Engel
Enigster
Enkelsroth
Erdemović
Judge Cassese’s Opinion and Customary International Law
General Principles and Judge Stephen’s Opinion
Combining Elements of Custom and General Principles
The Joint Opinion of Judges McDonald and Vohrah and Policy Arguments
The Importance of Erdemović
Follow-up Proceedings
Eschner
Essen Lynching Case
Ex Parte Milligan
Ex Parte Quirin
F
F.
Faurisson v. France
Ferrini
Feurstein and Others (Ponzano case)
Filártiga
Finta
Major Legal Points
Jurisdiction
Mens rea for Crimes Against Humanity and War Crimes
Defence of Obedience to Superior Orders
Constitutionality of the Canadian War Crimes and Crimes Against Humanity Legislation
Subsequent Case Law
Flesch
Flick and Others
Facts
Summary of the Decision
Sentence and Conviction
Major Legal Issues
Fofana and Kondewa
Trial
Effective Control
Crimes Against Humanity
Joint Criminal Enterprise
Legitimate Use of Force and the Defence of Necessity
Sexual Violence Crimes
Friedman
Fröhlich
Fullriede
Fumi
Furundžija
Charges
Trial Proceedings
Appeal Proceedings
Major Legal Issues
G
Gacumbitsi
Gaddafi
Galić
The Siege of Sarajevo
Trial Proceedings
Appeal Proceedings
The Partial Dissenting Opinions on Appeal
Assessment
Galtieri
Gatanazi
Gatorano
Gerike and Others (Velpke Baby Home case)
Gestapo Informer Case
Glenn and Hickman
Gö
Göbell and Others (Borkum Island case)
Goldstein
Göring and Others
The Historic IMT Trial
The Four Counts of the Indictment
The 24 Defendants (Name, Position, Defence Counsel, Charges/Verdict/Sentence, Notes)
Individual Criminal Responsibility for Acts of State (Art. 7 London Charter)
Aggression (Art. 6(a) London Charter—including nullum crimen sine lege)
Conspiracy (Art. 6 London Charter)
War Crimes and Crimes against Humanity (Art. 6(b) and (c) London Charter)
Victors’ Justice (one-sided application of law; tu quoque; Katyn)
The Legacy of Nuremberg
Addendum: The Six Indicted Organizations and Collective Guilt (Art. 10 London Charter)
Golkel and Thirteen Others (La Grande Fosse)
Gozawa and Others
Grabez
Main Legal Issues
Grumpelt (the Scuttled U-Boat case)
Guatemalan Generals
Guterres
Gutweniger
H
H.
H. v. Public Prosecutor.
H. and Others
Haase
Habré
Hadamar Trial
Hadžihasanović and Kubura
Charges
Trial Judgment
Legal Issues
Haesiker
Halilović
Charges
Trial Proceedings
Appeal Proceedings
Major Legal Issues
Hamdan
Hamdi
Hans
Haradinaj
Charges
Trial Proceedings
Harlan (Jud Süss case)
Harput Trial
Hechingen and Haigerloch Deportation Case
Hermann
Herrod
Heyer and Others (Essen Lynching case)
Heynen
High Command Case
Hinrichsen
Hinselmann and Others
Hölzer and Others
Homma
Honigman
Hostage Case
I
Ig-Farben Case
J
J. and R.
Janković
Javor and Others
Jelisić
Charges
Trial Proceedings
Appeal Proceedings
Jepsen
Jokić
Trial Judgment
Appeal Judgment
Jorgić
The German Proceedings
Legal Findings of the Courts
Criticism
Jung and Schumacher
Justice Trial
K
K.
K. and M.
K. and S. (Synagogue case)
Kadić v. Karadžić
Kajelijeli
Trial Judgment
Appeal Judgment
Kambanda
Kamuhanda
Kappler and Others
Karadžić and Mladić (Rule 61 Proceedings)
Karamira
Karemera
Karera
Kayishema and Ruzindana
Keenan
Kemâl Bey and Tevfîk Bey (Yozgat trial)
Kesserling
Killinger and Others (Dulag Luft case)
Kinder
Klein and Others (Hadamar trial)
Knezević
Köppelmann
Koppelstätter and Plattner
Kordić and Čerkez
Trial Proceedings
Appeal Proceedings
Assessment
Koshiro
Kotälla
Kottsiepen
Kouwenhoven
Krajišnik
Kramer and Others (Belsen trial)
Main Legal Points
Krnojelac
Trial Proceedings
Krnojelac’s Appeal
Prosecution Appeal
Assessment
Krstić
Proceedings
Intent to Destroy in Whole or in Part
Aiding and Abetting Genocide versus Complicity in Genocide
Krumkamp
Main Legal Issues
Kunarac
Kupreškić
Kušljić
Kuswani and Others
Kvočka and Others
Trial Proceedings
Common Grounds of Appeal
Other Grounds of Appeal
Assessment
L
L. and Others
La Grande Fosse
Lages
Laule
Lehnigk and Schuster
Limaj
Trial Proceedings
Legal Issues
Appeal Judgment
List and Others (Hostage case)
Facts
Summary of Decision
Sentence and Conviction
Major Legal Issues
Llandovery Castle Case
Lubanga Dyilo
M
M.
M. and G.
M. and Others
Maltauro and Others
Mälzer and Others (Ardeatine Caves Massacre case)
Trial Proceedings
Mcmonagle
Media Case
Medical Trial
Medina
Mehmed Ali Bey and Others (Trial for the Trabzon Deportations and Massacres)
Meir
Mengistu Hailemariam and Others
Menten
Meyer (The Abbaye Ardenne case)
Milch
Facts
Summary of Decision
Sentence and Conviction
Major Legal Issues
Milošević D.
Milošević S.
The Indictments
Amici Curiae
Prosecution Case
Rule 98bis Decision
Replacement of Judge May
Assignment of Defence Counsel
Application to Re-Open the Case
Subpoenas for Incumbent and Former Heads of State
Severance and Additional Time for the Defence
Provisional Release and Termination of the Proceedings
Ministries Case
Mittermair
Mitterstieler
Motosuke
Mpambara
Mrða
Mrkšić and Others
Indictment
Findings on the Responsibility of the Accused
Mugabe
Mugesera
Facts
Decision
Major Legal Points
Muhimana
Muhoza
Mukantagara
Mulka and Others (Auschwitz Concentration Camp case)
Müller and Others (I)
Müller and Others (II)
Mundo and Weiss (Trial of Erich Weiss and Wilhelm Mundo)
Munyeshyaka (case of the Rwandan priest)
Musema
Muvunyi
My Lai Trial
N
Nadler and Others
Nahimana and Others (Media case)
Genocide
Direct and public incitement
Conspiracy
Crimes against humanity
Dissenting Opinions
Sentence
Naletilić and Martinović
Natzweiler Trial
Nazi Atrocities in Kharkov and the Kharkov Region Case
Ndikumwami
Ndindiliyimana and Others (Military II case)
Neddermeier
Neitz
Neubacher
Neumann K. (Dover Castle case)
Neumann R.
Ngomambiligi
Nikolić D.
Nikolić M.
Niyitegeka
Niyonteze
Niyonzima
Ntaganda
Ntagerura and Others (Cyangugu)
Ntakirutimana
Nuremberg Trials
Nwaoga
Nyiramasuhuko and Others (Butare case)
Nulyarimma V. Thompson
Nzabirinda
Nzabonimana and Ndashyikirwa
O
O.
Obrenović
Ohlendorf and Others (Einsatzgruppen case)
Facts
Summary of Decision
Sentence and Conviction
Major Legal Issues
Orić
Ottoman Leaders’ Trial
P
P.
P. and Others
Padilla
Pal
Papon
Mens Rea and Individual Complicity to Crimes Against Humanity
Defence of Duress and Necessity
Membership in the Resistance
Peleus Trial
Pilz
Pinochet
Background
Pinochet (No. 1)
Pinochet (No. 2)
Pinochet (No. 3)
Post-Decision Developments
Plavšić
Major Legal Issues
Polish Prisoner of War Case
Ponzano Case.
Potter
Priebke and Hass
Priyanto
Public Committee Against Torture in Israel v. Israel.
R
R. v. Evans and Others
R. v. Kenyon and Others
R. v. Olditch; R. v. Jones
R. v. Payne
R. v. Selman and Others
Rajić
Ramdohr
Ramić
Rasul
Rauter
Regional Party Secretaries’ Trial.
Retzlaff and Others
Röchling and Others
Rugambarara
Ruggiu
Rumsfeld, Donald
German Proceedings
French Proceedings
Rupyisi and Musemakweli
Rusha Case
Rutaganda
Rutaganira
Rwamakuba
S
S.
S. and Others (Hechingen and Haigerloch Deportation case)
Sa’īd Halīm Paşa and Others, Tal’at Paşa and Others (Trial of the Ottoman Leaders)
Sablić and Others
Sandrock and Others (Almelo case)
Sarić
Sävecke
Sawoniuk
Sch.
Sch. O.
Schintlholzer and Fritz
Schmitt
Schonfeld and Others
Schreiner Z.
Schultz
Schwarz
Schwittkowski
Scilingo
Scuttled U-Boat Case
Sebastien
Sedyono
Seifert
Semanza
Sepúlveda and Others (Sandoval case)
Sergeant W.
Seromba
Serugendo
Serushago
Šešelj
Sharon and Others
Shimoda and Others
Sikirica and Others
Silaen
Simba
Simić B. and Others
Simić M.
Sipo Case
Smith
Soares
Soedjarwo
Sokolović
Sosa
Spadini
Stakić
Trial Judgment
Appeal Judgment
Remarks
Stalag Luft III Case
Stanković
Stenger and Crusius
St-Die
Straub and Others (SIPO case)
Strauch and Others
Strugar
Sudrajat
Sumida and Others
Suratman
Suresh
Synagogue Case
T
T. and K.
Tachiona V. Mugabe and Others (Tachiona II)
Tadić
Proceedings
Significance of the Case
Characterization of the Armed Conflict
Crimes Against Humanity
Individual Criminal Responsibility and Joint Criminal Enterprise
Targeted Killings
The Legal Framework
Status of Members of Terrorist Organizations in Palestinian Territory
Civilians Taking Direct Part in Hostilities as Legitimate Military Target
Further Conditions
Tarnek
Taylor (Immunity case)
Tesch and Others (Zyklon B case)
Todorović
Todović and Rašević
Torture Case
Main Legal Issues
The Definition of Crimes Against Humanity
Victims of Crimes Against Humanity
The Defence of Necessity
The Principle of Non-Retroactivity of a More Severe Criminal Law
The Legality Principle
Toyoda
Trabzon Deportations and Massacres Trial.
Twahirwa
V
V.
van Anraat
Vasiljević
Velpke Baby Home Case.
von Falkenhausen and Others
von Falkenhorst
von Hagenbach
Main Legal Points
von Lewinski
von Schack and Kruska
von Weizsäcker and Others (Ministries case or the Wilhelmstrasse case)
W
W.
Wagener and Others
Waller and Day
Wetzling and Others
Wielen and 17 Others (The Stalag Luft III case)
Wilhelm Strasse Case.
Wintgen
Wirz
Wülfing and K.
Y
Yamashita
Trial
Command Responsibility
Yozgat Trial
Z
Zardad
Zelenović
Zeuss and Others (Natzweiler trial)
Zimmermann
Zühlke
Zyklon B Case.
Further Material
Index
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Contents
Edited By: Antonio Cassese (Editor-in-Chief)
From:
The Oxford Companion to International Criminal Justice
Edited By: Antonio Cassese (Editor-in-Chief)
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
22 January 2009
ISBN:
9780199238323
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