منو
رکورد قبلیرکورد بعدی

" Implementing international humanitarian law : "


Document Type : BL
Record Number : 1034356
Doc. No : b788726
Main Entry : Aksar, Yusuf,1972-
Title & Author : Implementing international humanitarian law : : from the ad hoc tribunals to a permanent International Criminal Court /\ Yusuf Aksar.
Publication Statement : London ;New York :: Routledge,, 2004.
Page. NO : 1 online resource (xxiv, 314 pages)
ISBN : 020364610X
: : 1135755396
: : 9780203646106
: : 9781135755393
: 0714655848
: 0714684708
: 9780714655840
: 9780714684703
Bibliographies/Indexes : Includes bibliographical references (pages 276-300) and index.
Contents : Cover -- IMPLEMENTING INTERNATIONAL HUMANITARIAN LAW -- Title page -- Copyright Page -- Table of Contents -- Table of Cases -- Table of Treaties -- Acknowledgements -- List of Abbreviations -- Foreword -- Introduction -- 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 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 Chambers -- 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 -- The Establishment of the International Criminal Tribunals for the Former Yugoslavia and for Rwanda and the International Criminal Court.
: 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 Conditions for the Applicability of the Concept of Crimes Against Humanity -- 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 -- The Substantive Content of Crimes Against Humanity -- 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.
: Extensive Destruction and Appropriation of Property, Not Justified by Military Necessity and Carried Out Unlawfully and Wantonly -- Compelling a Prisoner of War or a Civilian to Serve in the Forces of a Hostile Power -- Wilfully Depriving a Prisoner of War or a Civilian of the Rights of Fair and Regular Trial -- Unlawful Deportation or Transfer or Unlawful Confinement of a Civilian -- Unlawful Deportation or Transfer of a Civilian -- Unlawful Confinement of a Civilian -- Taking Civilians as Hostages -- Violations of the Laws or Customs of War -- The Practice of the Ad Hoc Tribunals and Their Contribution to International Humanitarian Law and Their Impact on the ICC -- 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 to Bring 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.
: 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 Relationships -- 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 Practice of the Ad Hoc Tribunals and Their Contribution to International Humanitarian Law and Their Impact on the ICC -- The Conditions for the Applicability of the Grave Breaches System -- General Conditions -- The Existence of an Armed Conflict -- The Link (Nexus) between the Acts of the Accused and the Armed Conflict -- Specific Conditions Applying to the Grave Breaches System -- The Existence of an International Armed Conflict -- The Nature of Armed Conflicts Must Not Have Any Significance in International Humanitarian Law -- The Concept of Protected Persons or Property -- The Substantive Content of the Grave Breaches System -- Wilful Killing -- Torture or Inhuman Treatment Including Biological Experiments -- Torture -- (i) The Element of Severe Pain or Suffering -- (ii) The Element of Prohibited Purpose -- (iii) The Element of Official Involvement -- Rape and Any Other Forms of Sexual Violence as Torture under the Grave Breaches System -- Inhuman Treatment -- Biological Experiments -- Wilfully Causing Great Suffering or Serious Injury to Body or Health.
: Obstacles to the Establishment of the International Criminal Court (the ICC) -- The Principles of State Sovereignty and Criminal Jurisdiction -- Jurisdiction of the ICC -- The Possibility of Creating Ad Hoc Tribunals -- 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 (15 June-17 July 1998) -- 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,Their Contributions 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 ICTR 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 Humanitarian Law -- 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 International Humanitarian Law -- Concluding Remarks.
Abstract : Throughout the twentieth century, the international community has witnessed many human rights violations that have also constituted violations of international humanitarian law. Two of the worst violations of human rights and of international humanitarian law occurred in the territories of the former Yugoslavia and in Rwanda in the last decade of the twentieth century. The large scale of killings, rape and other forms of sexual violence, 'ethnic cleansing', genocide and other types of crimes committed in these two regions of the world impelled the international community to bring those responsible for such crimes to justice. Thus, the UN Security Council established the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), acting under Chapter VII of the UN Charter in 1993 and in 1994 respectively. 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 ICTY and the ICTR.; The practice of the ICTY and the ICTR and their contribution to international humanitarian law, together with their possible impact on the ICC, 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. Back Flap: (author pic here) Dr Yusuf Aksar is Assistant Professor of Public International Law at the Karadeniz Technical University Faculty of Economics and Administrative Sciences, Department of International Relations Trabzon-Turkey. After graduating from Ankara University Law Faculty, he preactised as a public prosecutor and judge candidate for the Ministry of Justice, specialising in criminal law. He was.
: Awarded with an LL.M. by both Ankara and Sheffield Universities in 1996 and 1997 respectively and received his Ph.D. from Bristol University in 2000. He has written articles on many aspects of public international and international humanitarian law.; Printed in Great Britain Paperback Back Panel: Throughout the twentieth century the international community has witnessed many human rights violations which have also constituted violations of international humanitarian law. Two of the worst violations of human rights and of international humanitarian law occurred in the territories of the former Yugoslavia and in Rwanda in the last decade of the twentieth century. The large scale of killings, rape and other forms of sexual violence, 'ethnic cleansing', genocide and other types of crimes committed in these two regions of the world impelled the international community to bring those responsible for such crimes to justice. Thus, the UN Security Council established the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), acting under Chapter VII of the UN Charter in 1993 and in 1994 respectively. The establishment of the ICTY and the ICTR was innovative in character because it was established by the Security Council on behalf of the entire international community.; This development also paved the way for the establishment of the International Criminal Court (ICC) in 1998. 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 ICTY and the ICTR. The practice of the ICTY and the ICTR and their contribution to international humanitarian law, together with their possible impact on the ICC, 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.
Subject : International Criminal Tribunal for Rwanda.
: International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991.
: International Criminal Tribunal for Rwanda.
: International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991.
Subject : Humanitarian law.
Subject : International criminal courts.
Subject : Humanitäres Völkerrecht
Subject : Humanitarian law.
Subject : International criminal courts.
Subject : LAW-- International.
Subject : Implementatie (wetgeving)
Subject : Internationaal strafhof.
Subject : Internationaal strafrecht.
Subject : Tribunalen.
Dewey Classification : ‭341.6/7‬
LC Classification : ‭KZ6471‬‭.A39 2004eb‬
NLM classification : ‭86.46‬bcl
: ‭PR 2622‬rvk
copyhttps://lib.clisel.com/site/catalogue/1034356
کپی لینک
پیشنهاد خرید
پیوستها
Search result is zero
نظرسنجی
نظرسنجی منابع دیجیتال

1 - آیا از کیفیت منابع دیجیتال راضی هستید؟