Substantive and procedural aspects of international criminal law. 1. Commentary

Front Cover
Gabrielle Kirk MacDonald, Olivia Q. Swaak-Goldman
BRILL, 2000 - Law - 3 pages
This unique two-volume work seeks for the first time to address in a comprehensive fashion both "substantive" and "procedural" aspects of international criminal law as applied by international and national courts. Substantive topics include individual criminal responsibility, genocide, war crimes, crimes against humanity, crimes against UN and associated personnel, core crimes and defenses, while procedural aspects include the right of suspects and accused, the protection of victims and witnesses, and pre-trial, trial and appeal procedures and practices. In addressing these subjects the work focuses on the practical application of the relevant norms and provides both detailed commentaries by experts in the field "(Commentary volume)," as well as the underlying documentation for each of the topics addressed "(Documents and Cases volume)," With the establishment of the International Criminal Court, the experiences of other international courts, notably the ad hoc tribunals for the former Yugoslavia and Rwanda as well as their predecessors, in addressing these issues are of great value and this work is intended to assist practitioners and scholars alike. Additionally, because national courts still have a vital role to play in the application of these norms, attention is given to prosecutions in national jurisdictions. With this work the editors seek both to assist the reader in understanding these important concepts as well as to provide the background documentation such that the reader can conduct his or her own research and come to his or her own conclusions.
 

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Contents

INTRODUCTION
5
SELECTED JUDGMENTS ON NAZICRIMES
15
THE ICTY JURISPRUDENCE
22
TOWARDS A COMPREHENSIVE
28
INTRODUCTION
37
The Crime of Aggression
39
UNITED NATIONS MOVES TO CURB
50
GENERAL ASSEMBLY MOVES TOWARD
57
Trial Procedures and Practices
513
PRETRIAL MATTERS
520
B Subpoenae Duces Tecum and Binding Orders
526
Evidence Taken Other than by Direct Means
532
RECENT DEVELOPMENTS
541
INTRODUCTION
551
THE RULES OF PROCEDURE AND EVIDENCE
553
THE RPE AS APPLIED
558

Table of Contents
65
INTRODUCTION
99
A Crime Against Mankind
117
Mrs Olivia SmaakGoldman
145
THE ELEMENTS OF THE CRIME UNDER
152
CONCLUSION
167
Overlapping Crimes
169
Assistant Professor Dr Hans West
175
Sexual Violence
263
Table of Contents
335
A CRIME AGAINST THE PEACE
350
ASSOCIATED PERSONNEL AND INTERNATIONAL
358
CONCLUSION
364
Table of Contents
369
II
371
Professor Ruth Wedgwood
393
WI THE ANCILLARY ROLE OF NATIONAL COURTS
408
Table of Contents
417
The Protection of Victims and Witnesses
440
INTRODUCTION
455
EXCLUSIONARY RULES OF EVIDENCE
476
Table of Contents
481
The Tadić case
559
The Erdemović case
574
The Blaškić case
578
The Celebići case
588
The Aleksovski case
594
The Furumdžija case
596
The Kovačević case
600
The Dokmanović case
604
The Kupreškić Others case
607
B ICTR Cases
609
The Akayesu case
611
AMENDMENTS AND REVISIONS OF THE RPE
615
CONCLUSION
620
Table of Contents
626
INTRODUCTION
627
THE AD HOC INTERNATIONAL
636
EXERCISE OF THE RIGHT OF APPEAL
642
INTERLOCUTORY APPLICATIONS
648
FUNCTION OF APPELLATE COURTS
655
Index
669
521
693
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