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Substantive and Procedural Aspects of International Criminal Law : The Experience of International and National Courts. Commentary (Volume I) / Gabrielle Kirk McDonald.

Contributor(s): Material type: TextLanguage: English Series: Human Rights and Humanitarian Law - Book Archive 2000-2005Publisher: Leiden ; Boston : Brill, 2000Copyright date: ©2000Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9789004531413
Other title:
  • The Experience of International and National Courts. Commentary (Volume I)
Subject(s): Additional physical formats: Print version:: Substantive and Procedural Aspects of International Criminal Law : The Experience of International and National Courts. Commentary (Volume I).DDC classification:
  • 341.7/7 23
LOC classification:
  • K5000
Online resources:
Contents:
Preliminary Material / Gabrielle Kirk McDonald and Olivia Swaak-Goldman -- Chapter 1. Individual Criminal Responsibility in International Criminal Law: A Jurisprudential Analysis — From Nuremberg to the Hague / Dr. Kai Ambos -- Chapter 2. The Crime of Aggression / Mr. Benjamin B. Ferencz -- Chapter 3. Grave Breaches of the 1949 Geneva Conventions / Professor Horst Fischer -- Chapter 4. Violations of the Laws or Customs of War / Judge George H. Aldrich -- Chapter 5. Genocide: A Crime Against Mankind / Professor Daniel D. Ntanda Nsereko -- Chapter 6. Crimes Against Humanity / Mrs. Olivia Swaak-Goldman -- Chapter 7. Overlapping Crimes / Gabrielle Kirk McDonald and Olivia Swaak-Goldman -- Chapter 8. Crimes Against United Nations and Associated Personnel / Ms. M.-Christiane Bourloyannis-Vrailas -- Chapter 9. Defences / Professor Yoram Dinstein -- Chapter 10. National Courts and the Prosecution of War Crimes / Professor Ruth Wedgwood -- Chapter 11. Rights of Suspects and Accused / Professor Michail Wladimiroff -- Chapter 12. The Protection of Victims and Witnesses / Professor Christine Chinkin -- Chapter 13. Pre-Trial Procedures and Practices / Judge Lal Chand Vohrah -- Chapter 14. Trial Procedures and Practices / President Gabrielle Kirk McDonald -- Chapter 15. Appeal Procedures and Practices / Justice Adolphus G. Karibi-Whyte -- Index / Gabrielle Kirk McDonald and Olivia Swaak-Goldman.
Summary: The first volume of 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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Includes bibliographical references and index.

Preliminary Material / Gabrielle Kirk McDonald and Olivia Swaak-Goldman -- Chapter 1. Individual Criminal Responsibility in International Criminal Law: A Jurisprudential Analysis — From Nuremberg to the Hague / Dr. Kai Ambos -- Chapter 2. The Crime of Aggression / Mr. Benjamin B. Ferencz -- Chapter 3. Grave Breaches of the 1949 Geneva Conventions / Professor Horst Fischer -- Chapter 4. Violations of the Laws or Customs of War / Judge George H. Aldrich -- Chapter 5. Genocide: A Crime Against Mankind / Professor Daniel D. Ntanda Nsereko -- Chapter 6. Crimes Against Humanity / Mrs. Olivia Swaak-Goldman -- Chapter 7. Overlapping Crimes / Gabrielle Kirk McDonald and Olivia Swaak-Goldman -- Chapter 8. Crimes Against United Nations and Associated Personnel / Ms. M.-Christiane Bourloyannis-Vrailas -- Chapter 9. Defences / Professor Yoram Dinstein -- Chapter 10. National Courts and the Prosecution of War Crimes / Professor Ruth Wedgwood -- Chapter 11. Rights of Suspects and Accused / Professor Michail Wladimiroff -- Chapter 12. The Protection of Victims and Witnesses / Professor Christine Chinkin -- Chapter 13. Pre-Trial Procedures and Practices / Judge Lal Chand Vohrah -- Chapter 14. Trial Procedures and Practices / President Gabrielle Kirk McDonald -- Chapter 15. Appeal Procedures and Practices / Justice Adolphus G. Karibi-Whyte -- Index / Gabrielle Kirk McDonald and Olivia Swaak-Goldman.

The first volume of 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.

English

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