European University Institute Library

Elements of war crimes under the Rome Statute of the International Criminal Court, sources and commentary, Knut Dörmann ; with contributions by Louise Doswald-Beck and Robert Kolb

eng

index present

non fiction

Elements of war crimes under the Rome Statute of the International Criminal Court

electronic resource

dictionaries

56409403

Knut Dörmann ; with contributions by Louise Doswald-Beck and Robert Kolb

Cambridge Social Sciences eBooks

sources and commentary

The Elements of War Crimes will assist the International Criminal Court (ICC) in the interpretation and application of the articles of the ICC Statute defining the crimes under its jurisdiction. These will not only be necessary for the future work of the ICC in interpreting the crimes provisions, but also for national courts, which have primary responsibility in the prosecution of international crimes under the Rome Statute. This commentary provides a critical insight into the travaux préparatoires of the Preparatory Commission leading to the adoption of the elements of war crimes. It contains an analysis of existing case law related to each war crime in the Statute. It will provide States, judges, prosecutors and international and national lawyers with key background information to implement international humanitarian law in future cases dealing with war crimes under the ICC. A unique, indispensable tool for prosecuting and defense lawyers working in international criminal law.--, Provided by publisher

Foreword / Jacob Kellenberger -- Foreword / Philippe Kirsch -- 1. Introduction -- 2. Legal value of the elements of crimes -- 3. General Introduction adopted by the PrepCom -- 4. Introduction to elements of war crimes listed in Article 8 of the Rome Statute -- 5. Article 8(2)(a) ICC Statute -- Grave breaches of the 1949 Geneva Conventions -- 6. Article 8(2)(b) ICC Statute -- Other serious violations of the laws and customs applicable in international armed conflict -- 7. Article 8(2)(c) ICC Statute -- Violations of common Article 3 of the 1949 Geneva Conventions -- 8. Article 8(2)(e) ICC Statute -- Other serious violations of the laws and customs applicable in armed conflicts not of an international character -- App. Request from the Governments of Belgium, Finland, Hungary, Mexico, the Republic of Korea and South Africa and the Permanent Observer Mission of Switzerland to the United Nations regarding the text prepared by the International Committee of the Red Cross on the mental element in the common law and civil law systems and on the concepts of mistake of fact and mistake of law in national and international law