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Volumn 30, Issue 4, 2009, Pages 1281-1294

International criminal law: Past and future

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EID: 67650517698     PISSN: 10867872     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article
Times cited : (13)

References (6)
  • 1
    • 67650568538 scopus 로고    scopus 로고
    • While international criminal law is generally understood to mean the body of rules that prohibit international crimes, the term is used here in its broadest sense, with a focus on the development of mechanisms to apply and enforce this body of law on the international level
    • While "international criminal law" is generally understood to mean the body of rules that prohibit international crimes, the term is used here in its broadest sense, with a focus on the development of mechanisms to apply and enforce this body of law on the international level.
  • 2
    • 67650565353 scopus 로고    scopus 로고
    • I have not added the Special Tribunal for Lebanon to this list, because as it is not applying international humanitarian law. The interesting case of the State Court of Bosnia-Herzegovina, which is a hybrid national court trying war crimes, does not seem to fit into this category either
    • I have not added the Special Tribunal for Lebanon to this list, because as it is not applying international humanitarian law. The interesting case of the State Court of Bosnia-Herzegovina, which is a hybrid national court trying war crimes, does not seem to fit into this category either.
  • 3
    • 67650556816 scopus 로고    scopus 로고
    • See Rome Statute of the International Criminal Court, arts. 1,17(1) (a), July 17, 1998, 2187 U.N.T.S. 90 (stating that the ICC is intended to complement national jurisdictions, and a case is inadmissible [before the ICC] where [t]he case is being investigated or prosecuted by a state which has jurisdiction over it, unless the state is unwilling or unable genuinely to carry out the investigation or prosecution).
    • See Rome Statute of the International Criminal Court, arts. 1,17(1) (a), July 17, 1998, 2187 U.N.T.S. 90 (stating that the ICC is intended to "complement" national jurisdictions, and "a case is inadmissible [before the ICC] where [t]he case is being investigated or prosecuted by a state which has jurisdiction over it, unless the state is unwilling or unable genuinely to carry out the investigation or prosecution").
  • 4
    • 67650567719 scopus 로고    scopus 로고
    • For a variety of reasons, the Tokyo Tribunal is subject to more sustained and justified criticism than its counterpart. See, e.g., R. JOHN PRITCHARD, Tlie International Military Tribunal for the Far East and Its Contemporary Resonances, 149 MIL. L. REV. 25 (1995) (comparing the IMT for the Far East with other international courts).
    • For a variety of reasons, the Tokyo Tribunal is subject to more sustained and justified criticism than its counterpart. See, e.g., R. JOHN PRITCHARD, Tlie International Military Tribunal for the Far East and Its Contemporary Resonances, 149 MIL. L. REV. 25 (1995) (comparing the IMT for the Far East with other international courts).
  • 5
    • 67650554063 scopus 로고    scopus 로고
    • It should be noted that in South Africa, there was a judicial effect in that amnesty was granted in exchange for truthful testimony
    • It should be noted that in South Africa, there was a judicial effect in that amnesty was granted in exchange for truthful testimony.
  • 6
    • 67650532533 scopus 로고    scopus 로고
    • See WILLIAM A. SCHABAS, First Prosecutions at the International Criminal Court, in CRIMES AND HUMAN RIGHTS: ESSAYS ON THE DEATH PENALTY, JUSTICE AND ACCOUNTABILITY, 375, 392-401 (2008) (arguing that self-referral was neither anticipated by the drafters of the Rome Statute nor is it the best way for the ICC to proceed).
    • See WILLIAM A. SCHABAS, First Prosecutions at the International Criminal Court, in CRIMES AND HUMAN RIGHTS: ESSAYS ON THE DEATH PENALTY, JUSTICE AND ACCOUNTABILITY, 375, 392-401 (2008) (arguing that self-referral was neither anticipated by the drafters of the Rome Statute nor is it the best way for the ICC to proceed).


* 이 정보는 Elsevier사의 SCOPUS DB에서 KISTI가 분석하여 추출한 것입니다.