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This two-volume work seeks to address 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 defences, 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 is 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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[Volume. 1]----------

CONTENTS

Dedication = ⅶ

Foreword / Tudge Louise Arbour = ⅸ

Introduction / President Gabrielle Kirk McDonald ; Mrs. Olivia Swaak-Goldman = xiii

  1. Individual Criminal Responsibility  in International Criminal  Law: A Jurisprudential Analysis-From Nuremberg to The Hague / Dr. Kai Ambos = 1

     Table of Contents = 3

  2. The Crime of Aggression / Mr. Benjamin B. Ferencz = 33

     Table of Contents = 35

  3. Grave Breaches of the 1949 Geneva Conventions / Horst Fischer(Professor) = 63

     Table of Contents = 65

  4. Violations of the Laws or Customs of War / Tudge George H. Aldrich = 95

     Table of Contents = 97

  5. Genocide: A Crime Against Mankind / Daniel D. Ntanda Nsereko(Professor) = 113

     Table of Contents = 115

  6. Crimes Against Humanity / Mrs. Olivia Swaak-Goldman = 141

     Table of Contents = 143

  7. Overlapping Crimes = 169

     Table of Contents = 171

    A. Murder/Wilful Killing / Dr. G$$ddot u$$nter heine(Professor) ; Dr. Hans Vest(Assistant Professor) = 175

    B. Torture and Other Offences Involving  the Violation of the Physical or Mental Integrity of the Human Person / Andrew Byrnes(Associate Professor) = 197

    C. Persecution / Mrs. Olivia Swaak-Goldman = 247

    D. The Context of Sexual Violence: Sexual Violence  as Violations of International Humanitarian Law / Mrs. Patricia Viseur Sellers = 263

  8. Crimes Against United Nations and Associated Personnel / Mr. M.-Christiane Bourloyannis-Vrailas = 333

    Table of Contents = 335

  9. Defences / Yoram Dinstein(Professor) = 367

    Table of Contents = 369

 10. National Courts and the Prosecution of War Crimes / Ruth Wedgwood(Professor) = 389

    Table of Contents = 391

 11. Rights of Suspects and Accused / Micha$$ddot i$$l Wladimiroff = 415

    Table of Contents = 417

 12. The Protection of Victims and Witnesses / Christine Chinkin(Professor) = 451

    Table of Contents = 453

 13. Pre-Trial Procedures and Practices / Tudge Lal Chand Vohrah = 479

    Table of Contents = 481

 14. Trial Procedures and Practices / Gabrielle Kirk McDonald(President) = 547

    Table of Contents = 549

 15. Appeal Procedures and Practices / Tustice Adolphus G. Karibi-Whyte = 623

    Table of Contents = 625

Index = 669

[Volume. 2(1)]----------

CONTENTS

Dedication = ⅶ

Introduction / Gabrielle Kirk McDonald(President) ; Mrs. Olivia Swaak-Goldman = ⅸ

Acknowledgments = xi

Part 1. Documents

 A. International

  Subtable of Contents = 3

  Hague Convention IV Respecting the Law  and Customs of War on Land and Annex (18 Oct. 1907) (excerpts) = 25

  Report of Commission on the Responsibility of the Authors of War and Enforcement of Penalties (29 March 1919) (excerpts) = 37

  The General Treaty  for the  Renunciation of War as an Instrument of National Policy("Kellogg-Briand" Pact) (27 Aug. 1928) = 57

  London Agreement and Charter of the International Military Tribunal (27 Aug. 1945) = 59

  Control Council Law No. 10 (20 Dec. 1945) (excerpts) = 69

  Charter of the International Military Tribunal for the Far East (19 Jan. 1946) = 73

  General Assembly Resolution 95 (I), Affirmation of the Principles of International Law Recognized by the Charter of the N$$ddot u$$rnberg Tribunal (11 Dec. 1946) = 79

  General Assembly Resolution 96 (I), The Crime of Genocide (11 Dec. 1946) (excerpts) = 81

  Convention o the Prevention and Punishment of the Crime of Genocide (9 Dec. 1948) (excerpts) = 83

  Geneva Convention I for the Amelioration of the Condition of Wounded and Sick  in Armed Forces in the Field (12 Aug. 1949) (excerpts) = 87

  Geneva Convention Ⅱ for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (12 Aug. 1949) (excerpts) = 105

  Geneva Convention Ⅲ Relative to the Treatment of Prisoners of War (12 Aug. 1949) (excerpts) = 115

  Geneva Convention Ⅳ Relative to the Protection of Civilian Persons in Time of War (12 Aug. 1949) (excerpts) = 153

  Principles of International Law Recognized in the Charter of the N$$ddot u$$rnberg Tribunal and in the  Judgement of the Tribunal  (1950) (excerpts) = 191

  International Covenant on Civil and Political Rights (16 Dec. 1966) (excerpts) = 193

  Convention on the Non-Applicability  of Statutory  Limitations to War Crimes and Crimes against Humanity (26 Nov. 1968) (excerpts) = 203

  Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (14 Dec. 1973) = 207

  General Assembly Resolution 3314(XXIX), Definition of Aggression (14 Dec. 1974) = 213

  General Assembly Resolution 3452(XXX), Declaration on the Protection of All  Persons from being Subjected to Torture and  Other Cruel, Inhuman or Degrading Treatment  or Punishment (9 Dec. 1975) = 217

  Protocol I Additional to the Geneva Conventions of 12 August  1949, and Relating to the Protection of Victims of International Armed Conflicts (8 June 1977) (excerpts) = 219

  Protocol Ⅱ Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (8 June 1997) (excerpts) = 259

  Convention Against Torture and other cruel, Inhuman or Degrading Treatment  or Punishment (10 Dec. 1984) (excerpts) = 267

  Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (9 Dec. 1998) = 275

  Report of the Secretary-General Pursuant to Paragraph 2 of Security  Council Resolution 808 (including Statute  of the International Criminal Tribunal for the former Yugoslavia) (3 May 1993) (excerpts) = 283

  Statute of the International Tribunal for Rwanda (8 Nov. 1994) = 311

  Convention on the Safety of United Nations and Associated Personnel (9 Dec. 1994) = 321

  Report of the Secretary-General Pursuant to Paragraph 5 of Security Council Resolution = 955 (13 Feb. 1995) (excerpts) = 329

  Draft Code of Crimes Against the Peace and Security of Mankind (26 July 1996) = 335

  Rules of Procedure and Evidence for the International Criminal Tribunal for the former Yugoslavia (Rev.13) (9 and 10 July 1998) = 411

  Rome Statute of the International Criminal Court (17 July 1998) = 449

 B. Regional

  Subtable of Contents = 511

  European Convention for the Protection of Human Rights and Fundamental Freedoms (4 Nov. 1950) (excerpts) = 513

  American Convention on Human Rights (22 Nov. 1969) (excerpts) = 525

  European Convention on the Non-Applicability of Statutory Limitation to Crimes Against Humanity and War Crimes (25 Jan. 1974) (excerpts) = 535

  African Charter on Human and Peoples' Rights (27 June 1981) (excerpts) = 539

  Inter-American Convention to Prevent and Punish Torture (9 Dec. 1985) = 547

 C. Municipal

  Subtable of Contents = 555

  United States Alien Tort Claims Act,  including the Torture Victim Protection  Act of 1991 (24 Sept. 1789) = 557

  Instructions for the Government of Armies of  the United States in the Field ("Lieber Code") (24 Apr. 1863) = 559

  United States Foreign Sovereign Immunities Act (21 Oct. 1976) (excerpts) = 581

[Volume. 2(2)]----------

CONTENTS

Dedication = ⅶ

Introduction / Gabrielle Kirk McDonald(President) ; Mrs. Olivia Swaak-Goldman = ⅸ

Acknowledgments = xi

Part 2. Cases

 A. International

  Subtable of Contents = 591

  Nuremberg Judgment (1 Oct. 1946) (excerpts) = 629

  Tokyo Judgment (12 Nov. 1948) (excerpts) = 751

  ICTY Decisions

  Prosecutor v. Tadi$$acute c$$ = 831

  Decision on the Prosecutor's, Motion for  Protective  measures for Victims and Witnesses (10 Aug. 1995) = 831

  Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction (2 Oct. 1995) (excerpts) = 871

  Decision on the Defence Motion on the Form of the Indictment (14 Nov. 1995) = 931

  Decision on the Prosecutor's Motion Requesting Protective  Measures for Witness "L" (14 Nov. 1995) = 935

  Decision on the Defence Motions to Summon and Protect Defence Witnesses, and on the Giving of Evidence by Video Link (25 June 1996) = 943

  Decision on the Defence Motion on Hearsay (5 Aug. 1996) = 953

  Decision on the Prosecutor's Motion  to Withdraw Protective Measures for Witness "K" (12 Nov. 1996) = 961

  Decision on Prosecution Motion for the Production of Defence Witness Statements (27 Nov. 1996) = 965

  Decision on Prosecution Motion to Withdraw  Protective Measures for Witness "L" (5 Dec. 1996) = 999

  Opinion and Judgment (7 May 1997) (excerpts) = 1003

  Sentencing Judgment (14 July 1997) (excerpts) = 1175

  Prosecutor v. Delali$$acute c$$, Muci$$acute c$$, Deli$$acute c$$ and Landcheck z$$o  ("$$check C$$elebi$$acute c$$i") = 1187

  Decision on Motion for Provisional Release filed by the Accused Zejnil Delali$$acute c$$ (25 Sept. 1996) = 1187

  Decision on the Motion by the Accused Zejnil Delali$$acute c$$ for the Disclosure of Evidence (26 Sept. 1996) (excerpts) = 1197

  Decision on the Motions by the Prosecution for Protective Measures for the Prosecution Witnesses Pseudonymed "B" to "M" (28 Apr. 1997) = 1203

  Prosecutor v. Bla$$check s$$ki$$acute c$$ = 1221

  Decision Rejecting a Request for Provisional Release (25 Apr. 1996) = 1221

  Judgment on the Request of the Republic of Croatia for Review of the Decision  of Trial Chamber Ⅱ of 18 July 1997 (29 Oct. 1997) = 1225

  Prosecutor v. Kova$$check c$$evi$$acute c$$ = 1265

  Decision on Defence Motion for Provisional Release (20 Jan. 1998) = 1265

  Decision Stating Reasons for Appeals Chamber's Order of 29 May 1998 (2 July 1998) = 1273

  Rule 61 Decisions

  Prosecutor v. Nikoli$$acute c$$ (20 Oct. 1995) = 1289

  Prosecutor v. Msr$$check t$$i$$acute c$$, Radi$$acute c$$ and $$check S$$ljivan$$check c$$anin("Vukovar Hospital") (3 Apr. 1996) = 1315

  Prosecutor v. Karad$$check s$$i$$acute c$$ & Mladi$$acute c$$ (11 July 1996) (excerpts) = 1329

  Prosecutor v. Raji$$acute c$$ (13 Sept. 1996) = 1359

  Indictments

  Prosecutor v. Kordi$$acute c$$ & Others ("La$$check s$$va River Valley") (2 Nov. 1995) = 1379

  Prosecutor v. Delali$$acute c$$, Muci$$acute c$$, Deli$$acute c$$ & Land$$check z$$o ("$$check C$$elebi$$acute c$$i") (21 Mar. 1996) = 1389

  Prosecutor v. Gagovi$$acute c$$ & Others ("Fo$$check c$$a") (26 June 1996) = 1399

  Prosecutor v. Furund$$check z$$ija ("La$$check z$$va River Valley") (amended) (2 June 1998) = 1417

  Others

  Prosecutor v. Erdemovi$$acute c$$, Judgement (7 Oct. 1997) (excerpts) = 1421

  Prosecutor v. Dokmanovi$$acute c$$, Decision on the Motion for Release by the Accused Slavko Dokmanovi$$acute c$$ (22 Oct. 1997) = 1531

  ICTR Decisions

  Prosecutor v. Nahimana, Indictment (12 July 1996) = 1563

  Prosecutor v. Bagosora, Indictment (5 Aug. 1996) = 1565

  Prosecutor v. Rutaganda, Decision on the Preliminary Motion Submitted by the Prosecutor for Protective Measures for Witnesses (26 Sept. 1996) = 1571

  Prosecutor v. Akayesu, Judgement (2 Sept. 1998) (excerpts) = 1573

  Prosecutor v. Kambanda, Judgement and Sentence (4 Sept. 1998) = 1681

  Control Council Law No. 10 Cases

  Trial of Rudolf Brandt ("Medical") (19 & 20 Aug. 1947) (excerpts) = 1697

  Trial of Erhard Milch ("Medical") (15 Apr. 1947) (excerpts) = 1781

  Trial of Oswald Pohl & Others (3 Nov. 1947) (excerpts) = 1799

  Trial of Josef Altst$$ddot o$$ tter ("Justice") (4 Dec. 1947) (excerpts) = 1843

  Trial of Friedrich Flick & 5 Others ("Flick") (22 Dec. 1947) (excerpts) = 1913

  Trial of Wilhelm von List & Others ("Hostages") (19 Feb. 1948) (excerpts) = 1941

  Trial of Otto Ohlendorf & Others ("Einsatzgruppen") (9 Apr. 1948) (excerpts) = 2001

  Trial of Alfred Felix Alwyn Krupp von Bohlen und Halbach  & 11 Others ("Krupp") (30 June 1948) (excerpts) = 2063

  Trial of Carl Krauch & 22 Others ("IG Farben") (29 July 1948) (excerpts) = 2107

  Trial of Ernst von Weizsaecker & Others("Ministries") (6 Apr. 1949) (excerpts) = 2145

  Trial of Wilhelm von Leeb & 13 Others ("German High Command")  (28 Oct. 1948) (excerpts) = 2183

 B. Regional

  Subtable of Contents = 2247

  European Court of Human Rights

   Tyrer v. United Kingdom (25 Apr. 1978) (summary) = 2251

   Ireland v. United Kingdom (18 Jan. 1978) (summary) = 2255

   Guzzardi v. Italy (6 Nov. 1980) (summary) = 2261

   Campbell and Cosans v. United Kingdom (25 Feb. 1982) (summary) = 2265

   Pretto & Others v. Italy (8 Dec. 1983) (summary) = 2269

   Unterpertinger v. Austria (25 Nov. 1986) (summary) = 2273

   Kostovski v. The Netherlands (20 Nov. 1989) (summary) = 2275

   Doorson v. The Netherlands (26 Mar. 1996) (summary) = 2279

   Van Mechelen & Others v. The Netherlands (23 Apr. 1997) (summary) = 2285

  Inter-American Commission of Human Rights

   Peru case, Report No. 5 / 96 (1 Mar. 1996) (excerpts) = 2287

 C. Municipal

  Subtable of Contents = 2307

   Ex Parte Quirin (US) (29 Oct. 1942) (excerpts) = 2309

   In re Yamashita (Yamashita v. Styer) (US) (4 Feb. 1946) (excerpts) = 2321

   Attorney General v. Eichmann (Israel) (12 Dec. 1961; 29 May 1962) (excerpts) = 2329

   United States v. Calley (US) (21 De. 1973) (excerpts) = 2367

   Public Prosecutor v. Menten (Netherlands) (13 Jan. 1981) (excerpts) = 2375

   Filartiga v. Pena-Irala (US) (30 June 1980) (excerpts) = 2381

   F$$acute e$$d$$acute e$$ration Nationale des D$$acute e$$port$$acute e$$s R$$acute e$$sistants et Patriotes and Others v. Barbie (France) (26 Jan. 1984;  20 Dec, 1985) (excerpts) = 2393

   Touvier (France) (13 Apr. 1992; 27 Nov. 1992) (excerpts) = 2401

   R. v. Finta (Canada) (24 Mar. 1994) (excerpts) = 2419

   Jarvie (Australia) (18 July 1994) (excerpts) = 2427

   Kadi$$acute c$$v. Farad$$check z$$i$$acute c$$ (US) (13 Oct. 1995) (excerpts) = 2439