The crimes within the jurisdiction of the international criminal court (part II, articles 5 - 10)

European Journal of Crime, Criminal Law and Criminal Justice

Volumn 6, Issue 4, 1998, Pages 61-83

  Sunga, Lyal S ^a  

^a Office of the High Commissioner for Human Rights   (Switzerland)

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EID: 84856464458     PISSN: 09289569     EISSN: 15718174     Source Type: Journal    
DOI: 10.1163/15718179820518629     Document Type: Article

References (18)

1. In terms of institutional implementation, the permanent Criminal Court would be only one, albeit the most important, among a number of possible means by which to enforce individual criminal responsibility for crimes under international law. For example, the creation of ad hoc international criminal tribunals, such as those of Nuremberg and Tokyo, or those created to deal with perpetrators of crimes committed in the former Yugoslavia or Rwanda, remains an important option open to the international community. Domestic courts retain the authority also to prosecute crimes under international law, although actual practice shows this has been done only very rarely. See Bothe, McAlistair-Smith, Kurzidem (eds.), National Implementation of International Humanitarian Law 1990;
2. Ch. Bassiouni, E. Wise, Aut Dedere Aut Judicare; The Duty to Extradite or Prosecute in International Law 1995;
3. and R.D. Atkins (ed.), The Alleged Transnational Criminal: the Second Biennial International Criminal Law Seminar 1995.
4. See generally L.S. Sunga, The Emerging System of International Criminal Law: Developments in Codification and Implementation (The Hague 1997).
5. See Draft Code of Crimes against the Peace and Security of Mankind: Titles and Texts of Drafts Articles, adopted by the Drafting Committee on second reading it its 47th and 48th sessions; A/CN.4/L.522 of 31 May 1996; and Draft Report of the ILC on the Work of its 48th Session, A/CN.4./L.527/Add.10 of 16 July 1996.
6. The so-called 'treaty crimes' of terrorism, illicit trafficking in narcotic drugs, and crimes against UN and associated personnel, remained under consideration for inclusion in the Statute until the final week of the Rome Conference. See e.g., Discussion Paper issued by the Bureau of the Rome Conference; A/CONF.183/C.1/L.53 of 6 July 1998 7.
7. See A.M. Rifaat, International Aggression: A Study of the Legal Concept - Its Development and Definition in International Law (Stockholm 1979) and Sunga supra note 3 at pp. 31-59.
8. See History of the UN War Crimes Commission 1948.
9. Convention on the Prevention and Punishment of the Crime of Genocide, adopted unanimously 9 December 1948, entered into force 12 January 1951; 78 UNTS 277.
10. See J. Kunz, 'The United Nations Convention on Genocide', 43 American Journal of International Law (1949), 738-746;
11. L. Leblanc, 'The Intent to Destroy Groups in the Genocide Convention: Proposed U.S. Understanding', 78 American Journal of International Law (1949), 369-385;
12. N. Robinson, The Genocide Convention: a Commentary (New York 1960);
13. and G.J. Andreopoulos (ed.), Genocide: 'Conceptual and Historical Dimensions' (Philadelphia 1994).
14. For an overview of the early development of the legal category of 'crimes against humanity' and its relation to 'war crimes' as incorporated in the Nuremberg Charter, See, L.S. Sunga, Individual Responsibility in International Law for Serious Human Rights Violations (Dordrecht 1992), Chapter II (4) and (5).
15. See further Ch. Bassiouni, Crimes against Humanity in International Criminal Law (Dordrecht 1992).
16. See further Sunga supra note 3 at pp. 159-163.
17. Adopted in Geneva, 17 June 1925.
18. Adopted in The Hague, 29 July 1899.