An Introduction to International Criminal Law and Procedure
Robert Cryer, Håkan Friman, Elizabeth Wilmshurst
Format: PDF / Kindle (mobi) / ePub
By offering both a comprehensive update and new material reflecting the continuing development of the subject, this continues to be the leading textbook on international criminal law. Its experienced author team draws on its combined expertise as teachers, scholars and practitioners to offer an authoritative survey of the field. The third edition contains new material on the theory of international criminal law, the practice of international criminal tribunals, the developing case law on principles of liability and procedures and new practice on immunities. It offers valuable supporting online materials such as case studies, worked examples and study guides. Retaining its comprehensive coverage, clarity and critical analysis, it remains essential reading for all in the field.
truth’. Both in customary law and in the ICC Statute and its concomitant Elements of Crimes, see chs. 10 and 11. See generally Gerry Simpson, ‘Politics, Sovereignty, Remembrance’ in Dominic McGoldrick, Peter Rowe and Eric Donnelly (eds.), The Permanent International Criminal Court: Legal and Policy Issues (Oxford, 2004) 47 at 49. See generally, Koskenniemi, ‘Between’. Jose´ E. Alvarez, ‘Crimes of Hate/Crimes of State: Lessons from Rwanda’ (1999) 23 Yale Journal of International Law 365 at 375.
from the right to an ‘effective remedy’ before a competent body.50 But as already described in section 2.3.3, national and international practice does not unequivocally support a duty to prosecute (that is, to institute criminal proceedings) in all circumstances. 4.3.2 Customary obligations and ius cogens arguments Beyond treaty obligations, genocide, crimes against humanity and, at least in part, war crimes are also criminalized in customary international law.51 As mentioned above, some
Dissenting Opinion of the Member from France, at 10. 58 59 Ibid., 12–18. Ibid., 22. Dissenting Opinion of the Member from the Netherlands, 10–51. 61 62 63 Ibid., 48–9. Ibid., 54–135. Ibid., 178–249. Ibid., 178. 65 66 Dissenting Opinion of the Member from India, at 69–153, 227–79. Ibid., 349–1,014. Ibid., 280–348. 68 Ibid., 1, 231–5. Ibid., 1, 226. Nuremberg and Tokyo 99 said that Pal ought to have accepted the charter’s provisions on the law, as he accepted an appointment under the charter.69
draft the ICC’s Statute, there was a cornucopia of controversies, from the highly political, like the role of the Security 10 11 12 The Ad Hoc Committee on the Establishment of an International Criminal Court, convened by GA res. 49/53, met for two sessions in 1995 and produced a report (UNGAOR A/50/22) which records the early discussions on the major features of the court. Convened by GA res. 50/46 and with its mandate reaffirmed in GA res. 51/207 and 52/160, the Preparatory Committee on the
which is to be found in the formal conference records, there is a marked absence of the travaux pre´paratoires which are usually to be expected in the drafting of a major treaty. The reasoning behind most of the texts which emerged from New York and from Rome is not to be found in the record of the views of delegates who argued for them or in an examination of the written proposals for amendments. The lack of standard travaux pre´paratoires means that those seeking for help with the meaning of a