본문 바로가기 주메뉴 바로가기
국회도서관 홈으로 정보검색 소장정보 검색

목차보기

영문목차

Foreword by The Hon David Hunt AO QC=xi

Preface=xv

Tables of Cases=xix

PART Ⅰ. SUBJECT-MATTER JURISDICTION OF THE AD HOC TRIBUNALS AND APPLICABLE LAW

1. General Remarks-The Creation and Jurisdiction of the ad boc Tribunals=3

2. Subject-Matter Jurisdiction and Applicable Law-Customary International Law and Treaty Law?=5

2.1. ICTY=5

2.2. ICTR=10

3. Identifying Customary International Law and the Role of Judges in the Customary Process=13

4. Binding Precedents and Internal Jurisprudential Hierarchy=19

PART Ⅱ. SERIOUS VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR:'WAR CRIMES'

5. War Crimes in the Statutes of the ad hoc Tribunals=23

5.1. War crimes in the Statute of the ICTY=24

5.2. War crimes in the Statute of the ICTR=27

6. Chapeau Elements of War Crimes=29

6.1. General remar=29

6.2. Existence of an armed conflict and nexus therewith=30

6.2.1. Existence of an armed conflict=30

6.2.2. Nexus between the crime and the armed conflict=38

6.3. Other jurisdictional requirements=47

6.3.1. Infringement of a rule of international humanitarian law=48

6.3.2. Customary or conventional nature of the rule=49

6.3.3. 'Serious' nature of the infringement=50

6.3.4. Individual criminal responsibility=51

7. Grave Breaches of the 1949 Geneva Conventions=54

7.1. Grave breaches of the Geneva Conventions as war crimes=54

7.2. General elements of grave breaches=55

7.2.1. 'International' armed conflicts and state of occupation=55

7.2.2. 'Protected persons' and 'protected property'-the status of the victim=64

7.2.3. Underlying offences=71

8. Other Serious Violations of the Laws or Customs of War:Underlying Offences=90

8.1. Employment of poisonous weapons or other weapons calculated to cause unnecessary suffering(Article 3(a) ICTY Statute)=91

8.2. Wanton destruction of cities, towns, or villages, or devastation not justified by military necessity(Article 3(b) ICTY Statute)=91

8.3. Attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings(Article 3(c) ICTY Statute)=94

8.4. Seizure of, destruction or wilful damage done to institutions dedicated to religion, charity, education, the arts and sciences, historic monuments, and works of art and science(Article 3(d) ICTY Stature)=94

8.5. Plunder of public or private property(Article 3(e) ICTY Statute) and pillage(Article 4(f) ICTR Statute)=96

8.6. Violence to life and person(Article 4(a) ICTR Statute and Article 3 ICTY Statute generally)=99

8.7. Collective punishment(Article 4(b) ICTR Statute)=100

8.8. Taking of hostages(Article 4(c) ICTR Statute and Article 3 ICTY Statute generally)=100

8.9. Acts of terrorism(Article 4(d) ICTR Statute)=101

8.10. Outrages upon personal dignity(Article 4(e) ICTR Statute and Article 3 ICTY Statute generally)=101

8.11 The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensableby civilized peoples=103

8.12 Threats to commit statutory war crimes pursuant to Article 4 of the ICTR Statute=103

8.13 Other war crimes within the Tribunals' jurisdiction ratione materiae=103

8.13.1. Murder=104

8.13.2. Rape=107

8.13.3. Torture=110

8.13.4. Cruel treatment=116

8.13.5. Slavery=118

8.13.6. Attacks on civilians and civilian objects=119

8.13.7. Unlawful labour=126

8.13.8. Unlawful infliction of terror upon civilians or 'terror'=127

9. War Crimes in Internal Armed Conflicts=130

9.1. Can war crimes be committed in internal armed conflicts?=130

9.2. Serious violations of common Article 3 of the Geneva Conventions=132

9.2.1. Common Article 3 in the Statutes of the ad hoc Tribunals=132

9.2.2. The protection guaranteed by common Article3=134

9.3. Serious violations of Additional Protocol Ⅱ and the Statutes of the ad hoc Tribunals=138

9.3.1. Additional Protocol Ⅱ in the Statutes of the ad hoc Tribunals=138

9.3.2. Status of Additional Protocol Ⅱ under customary international law and relationship with common Article 3 of the Geneva Conventions=139

9.3.3. Role of Additional Protocol Ⅱ in the jurisprudence of the ad hoc Tribunals=144

PART Ⅲ. CRIMES AGAINST HUMANITY

10. Crimes against Humanity in the Statutes of the ad hoc Tribunals=147

10.1. ICTY requirement:'Committed in armed conflict'=148

10.2. ICTR requirement:'National, political, ethnic, racial, or religious discrimination=153

11. Chapeau Elements of Crimes against Humanity=155

11.1. The 'attack'=156

11.2. Nexus between the acts of the accused and the attack=161

11.3. 'Any civilian population' as the primary object of the attack=163

11.4. 'Widespread or systematic' character of the attack=170

11.5. Requisite state of mind or mens rea=173

12. Underlying Offences=175

12.1. Murder=176

12.2. Extermination=176

12.3. Enslavement=179

12.4. Deportation and forcible transfer=180

12.5. Imprisonment=180

12.6. Torture=181

12.7. Rape=182

12.8. Persecutions on political, racial, or religious grounds=182

12.9. Other inhumane acts=188

PART Ⅳ. GENOCIDE

13. Genocide and International Criminal Tribunals=193

13.1. The judgment of the International Military Tribunal in Nuremberg=193

13.2. The contribution of the ad hoc Tribunals for the former Yugoslavia and for Rwanda to the law of genocide=199

13.3. Genocide and the International Criminal Court=202

14. General or Chapeau Elements of Genocide=206

14.1. General remarks=206

14.2. Elements of the genocidal mens rea=208

14,2.1. Intent=210

14.2.2. To destroy=216

14.2.3. In whole or in part=217

14.2.4. A protected group:a national, ethnic, racial, or religious group=223

14.2.5. As such=230

14.3. Establishing the genocidal mens rea=233

15. Underlying Offences=235

15.1. Killing members of the group=236

15.2. Causing serious bodily or mental harm to members of the group=237

15.3. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part=238

15.4. Imposing measures intended to prevent births within the group=242

15.5. Forcibly transferring children of the group to another group=243

15.6. Exhaustive character of the list of underlying crimes?=243

16. Genocide and other Forms of Criminal Involvement=245

16.1. General remarks=245

16.2. The various listed forms of criminal participation(Articles 4/2(a-e) of the Statutes of the Tribunals=246

16.2.1. Genocide=246

16.2.2. Conspiracy to commit genocide=252

16.2.3. Direct and public incitement to commit genocide=254

16.2.4. Attempt to commit genocide=257

16.2.5. Complicity in genocide=257

16.3. Other forms of criminal participation?=261

16.3.1. Command responsibility and genocide=261

16.3.2. Joint criminal enterprise or common purpose doctrine and genocide=264

PART Ⅴ. PARTICIPATION IN INTERNATIONAL CRIMES AND INDIVIDUAL CRIMINAL RESPONSIBILITY

17. General Remarks on Participation=269

18. Jurisdiction ratione personae and Applicable Law=270

19. The Person of the Perpetrator:Who Can Commit an International Crime?=272

20. Article 7(1) of the ICTY Statute and Article 6(1) of the ICTR Statute:'Direct' Participation=279

20.1. Planning=279

20.2. Instigating=280

20.3. Ordering=282

20.4. Committing=283

20.5. Aiding and abetting in the planning, preparation, or execution=284

20.6. Joint criminal enterprise or common purpose=287

20.7. Attempt?=293

21. Article 7(3) of the ICTY Statute and Article 6(3) of the ICTR Statute:Command or Superior Responsibility=296

21.1. Principle of command responsibility=296

21.2. Superior-subordinate relationship and 'effective control'=298

21.3. Knowledge requirement=301

21.4. Failure to prevent and punish=306

22. Convictions Under Articles 7(1) and 7(3) of the ICTY Statute and Articles 6(1) and 6(3) of the ICTR Statute=311

PART Ⅵ. DISTINGUISHING GENOCIDE, WAR CRIMES, AND CRIMES AGAINST HUMANITY:CUMULATIVE CHARGING AND CUMULATIVE CONVICTIONS

23. Cumulative Charging and Cumulative Convictions=315

24. War Crimes and Crimes against Humanity=320

24.1. Existence of an armed conflict and the nexus between the acts of the accused and the armed conflict=321

24.2. Persons protected under each regime=321

24.3. Widespread or systematic attack upon a civilian population=322

24.4. Underlying offences=322

25. War Crimes and Genocide=325

25.1. Common features=325

25.2. Different protected interests=325

25.3. Distinct material elements=326

26. Genocide and Crimes against Humanity=329

26.1. Common features and distinctions=329

26.2. Genocide and persecution=333

26.3. Genocide and extermination=337

PART Ⅶ. SENTENCING INTERNATIONAL CRIMES

27. ApplicableLaw and Purposes of Sentencing=343

28. Relevant Factors in Sentencing=347

28.1. Gravity of the acts of the accused=347

28.2. Mitigating and aggravating factors=350

28.3. Totality principle and individualization of sentences=355

29. Other Available Penalty:Return of Property=358

30. Enforcement of Sentences=359

PART Ⅷ. CONCLUSIONS

31. Concluding Remarks=363

Select Bibliography=369

Annexes=383

Ⅰ. ICTY=383

Ⅱ. ICTR=400

Index=429

이용현황보기

International crimes and the ad hoc tribunals 이용현황 표 - 등록번호, 청구기호, 권별정보, 자료실, 이용여부로 구성 되어있습니다.
등록번호 청구기호 권별정보 자료실 이용여부
0001068862 341.66 M595i 서울관 서고(열람신청 후 1층 대출대) 이용가능

출판사 책소개

알라딘제공
This volume offers the first comprehensive study of the law of international crimes as applied by the ad hoc Tribunals for the former Yugoslavia and Rwanda. It contains a comprehensive and detailed analysis of the law of war crimes, crimes against humanity, and genocide, as identified by these two tribunals.

The contribution of the ad hoc Tribunals to international criminal law and international justice has been manifold, both academically and historically, and they will continue to influence the findings and decisions of many other courts (both domestic and international), and to provoke discussion for many years to Come. This volume provides the first comprehensive analysis of the law of international crimes as applied by the ad hoc tribunals for the former Yugoslaviaand Rwanda.International Crimes and the Ad Hoc Tribunals examines the legal and historical significance of some of the most important judicial developments to occur in the last 50 years in international criminal law. It states the law of the Tribunals, and provides concrete illustrations of the application of the law to a variety of criminal cases, providing a comprehensive and detailed analysis of this voluminous body of jurisprudence. The primary focus is on the jurisdiction ratione materiae of theTribunals: the definition and application of the law of war crimes, crimes against humanity, and genocide. However, it also examines the Tribunals' jurisdiction ratione personae, insofar as this enables a full understanding of the law of crimes (for instance, in relation to forms of criminalliability).