The Rome Statute as Evidence of Customary International Law: International Criminal Law Series, cartea 16
Autor Yudan Tanen Limba Engleză Hardback – 28 iul 2021
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Specificații
ISBN-13: 9789004439405
ISBN-10: 9004439404
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Criminal Law Series
ISBN-10: 9004439404
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Criminal Law Series
Cuprins
Acknowledgements
Abbreviations
Table of Legislation
Table of Cases
United Nations Documents
1 Introduction
1.1 The Role of Customary International Law in the International Criminal Court
1.2 Aim, Questions and Scope of This Book
1.3 Method and Terms of This Book
1.4 Structure of This Book
1.5 Merits and Limits of This Book
2 Methodological Framework of This Book
2.1 Introductory Remarks
2.2 Interpreting Provisions of the Rome Statute
2.3 Method: The Two-Element Approach to Identifying Customary Rules
2.4 Terms: Treaty Was or Is of a ‘Declaratory’ Nature of Custom
2.5 Preconditions for This Study
2.6 Concluding Remarks
3 War Crimes in Non-international Armed Conflict
Article 8 of the Rome Statute and Custom
3.1 Introductory Remarks
3.2 Provisions on War Crimes in Non-international Armed Conflict in the Rome Statute
3.3 War Crimes in Armed Conflict
3.4 War Crimes in Non-international Armed Conflict: Were Articles 8(2)(c) and (e) Declaratory of Custom?
3.5 Further Recognition of War Crimes in Non-international Armed Conflict: Are Articles 8(2)(c) and (e) Declaratory of Custom?
3.6 Concluding Remarks
4 Crimes against Humanity
Article 7 of the Rome Statute and Custom
4.1 Introductory Remarks
4.2 Provisions on Crimes against Humanity in the Rome Statute
4.3 Crimes against Humanity as International Crimes under Customary Law
4.4 No Nexus with an Armed Conflict: Was and Is Article 7(1) Declaratory of Custom?
4.5 The Policy Element: Was and Is Article 7(2)(a) Declaratory of Custom?
4.6 Concluding Remarks
5 The Crime of Aggression
Articles 8bis and 25(3bis) of the Rome Statute and Custom
5.1 Introductory Remarks
5.2 The Crime of Aggression in International Law
5.3 Provisions on the Crime of Aggression in the Rome Statute
5.4 The Leadership Element for the Crime of Aggression: Were Articles 8bis and 25(3bis) Declaratory of Custom?
5.5 The Leadership Element for the Crime of Aggression: Are Articles 8bis and 25(3bis) Declaratory of Custom?
5.6 Concluding Remarks
6 Indirect Co-perpetration
Article 25(3)(a) of the Rome Statute and Custom
6.1 Introductory Remarks
6.2 The Attribution of Liability to Individuals at the Leadership Level
6.3 Is Indirect Co-perpetration Encompassed in Article 25(3)(a) of the Rome Statute?
6.4 Non-acceptance of Indirect Co-Perpetration in Post-World War ii Trials
6.5 Indirect Co-perpetration: Is Article 25(3)(a) Declaratory of Custom?
6.6 Concluding Remarks
7 An Exception to Personal Immunity for International Crimes
Article 27(2) of the Rome Statute and Custom
7.1 Introductory Remarks
7.2 Immunity under International Law
7.3 Personal Immunity: Article 27(2) of the Rome Statute
7.4 Non-availability of Personal Immunity for International Crimes: Was Article 27(2) Declaratory of Custom?
7.5 Non-availability of Personal Immunity for Committing International Crimes: Is Article 27(2) Declaratory of Custom?
7.6 Concluding Remarks
8 Conclusions
8.1 Synthesis
8.2 Discussions and Concluding Remarks
Bibliography
Index
Abbreviations
Table of Legislation
Table of Cases
United Nations Documents
1 Introduction
1.1 The Role of Customary International Law in the International Criminal Court
1.2 Aim, Questions and Scope of This Book
1.3 Method and Terms of This Book
1.4 Structure of This Book
1.5 Merits and Limits of This Book
2 Methodological Framework of This Book
2.1 Introductory Remarks
2.2 Interpreting Provisions of the Rome Statute
2.3 Method: The Two-Element Approach to Identifying Customary Rules
2.4 Terms: Treaty Was or Is of a ‘Declaratory’ Nature of Custom
2.5 Preconditions for This Study
2.6 Concluding Remarks
3 War Crimes in Non-international Armed Conflict
Article 8 of the Rome Statute and Custom
3.1 Introductory Remarks
3.2 Provisions on War Crimes in Non-international Armed Conflict in the Rome Statute
3.3 War Crimes in Armed Conflict
3.4 War Crimes in Non-international Armed Conflict: Were Articles 8(2)(c) and (e) Declaratory of Custom?
3.5 Further Recognition of War Crimes in Non-international Armed Conflict: Are Articles 8(2)(c) and (e) Declaratory of Custom?
3.6 Concluding Remarks
4 Crimes against Humanity
Article 7 of the Rome Statute and Custom
4.1 Introductory Remarks
4.2 Provisions on Crimes against Humanity in the Rome Statute
4.3 Crimes against Humanity as International Crimes under Customary Law
4.4 No Nexus with an Armed Conflict: Was and Is Article 7(1) Declaratory of Custom?
4.5 The Policy Element: Was and Is Article 7(2)(a) Declaratory of Custom?
4.6 Concluding Remarks
5 The Crime of Aggression
Articles 8bis and 25(3bis) of the Rome Statute and Custom
5.1 Introductory Remarks
5.2 The Crime of Aggression in International Law
5.3 Provisions on the Crime of Aggression in the Rome Statute
5.4 The Leadership Element for the Crime of Aggression: Were Articles 8bis and 25(3bis) Declaratory of Custom?
5.5 The Leadership Element for the Crime of Aggression: Are Articles 8bis and 25(3bis) Declaratory of Custom?
5.6 Concluding Remarks
6 Indirect Co-perpetration
Article 25(3)(a) of the Rome Statute and Custom
6.1 Introductory Remarks
6.2 The Attribution of Liability to Individuals at the Leadership Level
6.3 Is Indirect Co-perpetration Encompassed in Article 25(3)(a) of the Rome Statute?
6.4 Non-acceptance of Indirect Co-Perpetration in Post-World War ii Trials
6.5 Indirect Co-perpetration: Is Article 25(3)(a) Declaratory of Custom?
6.6 Concluding Remarks
7 An Exception to Personal Immunity for International Crimes
Article 27(2) of the Rome Statute and Custom
7.1 Introductory Remarks
7.2 Immunity under International Law
7.3 Personal Immunity: Article 27(2) of the Rome Statute
7.4 Non-availability of Personal Immunity for International Crimes: Was Article 27(2) Declaratory of Custom?
7.5 Non-availability of Personal Immunity for Committing International Crimes: Is Article 27(2) Declaratory of Custom?
7.6 Concluding Remarks
8 Conclusions
8.1 Synthesis
8.2 Discussions and Concluding Remarks
Bibliography
Index
Notă biografică
Yudan Tan, PhD (Leiden University), is a postdoc at Soochow University (Suzhou). She has authored articles and posts on international criminal law.