Substantive and Procedural Aspects of International Criminal Law: The Experience of International and National Courts: MaterialsThis unique two-volume work seeks for the first time to address in a comprehensive fashion 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 defenses, 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 are 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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Irrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case
http://picasaweb.google.com/lpcyusa/
(The Documentary Secret United Nations ICC Meeting Papers Scanned Images)
This legal technicality indicates the Hague must dismiss charges against Dr Karadzic and others awaiting trials in the Hague jail; like it or not.
Unfortunately for the Signatures Of the Rome Statute United Nations member states instituting the ICC & ICTY housed at the Hague, insofar as the, Radovan Karadzic, as with the other Hague cases awaiting trial there, I personally witnessed these United Nations member states openly speaking about trading judicial appointments and verdicts for financial funding when I attended the 2001 ICC Preparatory Meetings at the UN in Manhattan making the iCTY and ICC morally incapable trying Radovan Karazdic and others.
I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to establish an newly emergent International Criminal Court, the exact caliber of criminal corruption running so very deeply at the Hague, that it was a perfectly viable topic of legitimate conversation in those meetings I attended to debate trading verdicts AND judicial appointments, for monetary funding.
Jilly wrote:*The rep from Spain became distraught and when her country’s proposal was not taken to well by the chair of the meeting , then Spain argued in a particularly loud and noticably strongly vocal manner, “Spain (my country) strongly believes if we contribute most financial support to the Hague’s highest court, that ought to give us and other countries feeding it financially MORE direct power over its decisions.”
((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for international judicial verdicts and judicial appointments, all country representatives present in the meeting that day all treated the Spain proposition as a ”totally legitimate topic” discussed and debated it between each other for some time. I was quite shocked!
The idea was "let's discuss it." "It's a great topic to discuss."
Some countries agreed with Spain’s propositions while others did not. The point here is, bribery for judicial verdicts and judicial appointments was treated as a totally legitimate topic instead of an illegitimate toic which it is in the meeting that I attended in 2001 that day to establish the ground work for a newly emergent international criminal court.))))))))))))))))))))))))))))
In particular., since "Spain" was so overtly unafraid in bringing up this topic of trading financial funding the ICC for influence over its future judicial appointments and verdicts in front of every other UN member state present that day at the UN, "Spain" must have already known by previous experience the topic of bribery was "socially acceptable" for conversation that day. They must have previously spoke about bribing the ICTY and
ICC before in meetings; this is my take an international sociological honor student. SPAIN's diplomatic gesture of international justice insofar as, Serbia, in all of this is, disgusting morally!
SPAIN HAS TAUGHT THE WORLD THE TRUE DEFINITION OF AN
"INTERNATIONAL CRIMINAL COURT."
I remind everyone, when I attended those ICC Preparatory Meetings in 2001, witnessing first hand the country plenipotentiary representatives present with me discussing so openly, trading judicial funding of a new international criminal court, for its direct judicial appointments and judicial verdicts, those same state powers were
concurrently,
those same countries and people were already simultaneously, funding the already established ICTY which was issuing at that time, arrest warrants for Bosnian Serbs under false primary diplomatic pretenses.
The ICTY and ICC is just where it should be for once. Cornered and backed into
Contents
Hague Convention IV Respecting the Law and Customs | 25 |
Spies | 31 |
Conclusion | 43 |
a Acts which Provoked the World War and Accompanied Its Inception | 44 |
Memorandum on the Principles which should Determine Inhuman | 53 |
The General Treaty for the Renunciation of War as an Instrument | 57 |
AGREEMENT BY THE GOVERNMENT OF | 59 |
CHARTER OF THE INTERNATIONAL MILITARY | 61 |
Functions and powers of the PreTrial Chamber | 475 |
Issuance by the PreTrial Chamber of a warrant of arrest or a summons to appear | 476 |
Arrest proceedings in the custodial State | 477 |
Initial proceedings before the Court | 478 |
The Trial | 479 |
Trial in the presence of the accused | 480 |
Proceedings on an admission of guilt | 481 |
Rights of the accused | 482 |
Powers of the Tribunal and Conduct of the Trial | 65 |
Charter of the International Military Tribunal for the Far East | 73 |
Convening and Quorum Voting and Absence | 74 |
CONVENTION FOR THE AMELIORATION OF THE CONDITION | 87 |
Repression of Abuses and Infractions | 100 |
Execution of the Convention | 113 |
66 | 116 |
Rank of Prisoners of War | 126 |
69 | 133 |
Disciplinary Sanctions | 139 |
Release and Repatriation of Prisoners of War at | 147 |
Aliens in the Territory of a Party to the Conflict | 160 |
Food and Clothing | 173 |
Information Bureaux and Central Agency | 186 |
Principle V | 191 |
Part V | 200 |
OF CRIMES AGAINST INTERNATIONALLY PROTECTED | 207 |
DEFINITION OF AGGRESSION | 213 |
Additional to the Geneva Conventions of 12 August 1949 | 219 |
General Protection | 222 |
Field of application | 223 |
Protection and care | 224 |
Protection of medical units | 225 |
Protection of civilian medical and religious personnel | 226 |
Identification | 227 |
Other medical ships and craft | 228 |
Protection of medical aircraft | 229 |
Notifications and agreements concerning medical aircraft | 230 |
Neutral or other States not Parties to the conflict | 231 |
General principle | 232 |
Remains of deceased | 233 |
New weapons | 234 |
Safeguard of an enemy hors de combat | 235 |
Protection of persons who have taken part in hostilities | 236 |
Spies | 237 |
Civilian Population | 238 |
Civil Defence | 244 |
Fundamental guarantees | 250 |
General Provisions | 253 |
and Relating to the Protection of Victims of NonInternational Armed | 259 |
Protection of objects indispensable to the survival of | 263 |
Part III | 271 |
Body of Principles for the Protection of All Persons under Any Form | 275 |
REPORT OF THE SECRETARYGENERAL PURSUANT | 283 |
Competence of the International Tribunal | 289 |
Officers and members of the Chambers | 295 |
Penalties | 308 |
The status privileges and immunities of the International Tribunal | 309 |
Statute of the International Tribunal for Rwanda | 311 |
Crimes against humanity | 312 |
Territorial and temporal jurisdiction | 313 |
Composition of the Chambers | 314 |
Officers and members of the Chambers | 315 |
Review of the indictment | 316 |
Protection of victims and witnesses | 317 |
Review proceedings | 318 |
Expenses of the International Tribunal for Rwanda | 319 |
CONVENTION ON THE SAFETY OF UNITED NATIONS AND ASSOCIATED PERSONNEL | 321 |
Scope of application | 322 |
Agreements on the status of the operation | 323 |
Establishment of jurisdiction | 324 |
Measures to ensure prosecution or extradition | 325 |
Fair treatment | 326 |
Dispute settlement | 327 |
Authentic texts | 328 |
Report of the SecretaryGeneral Pursuant to Paragraph 5 of Security | 329 |
Legal Basis for the Establishment of the International Tribunal for Rwanda | 330 |
Territorial and temporal jurisdiction | 331 |
B Organization and structure of the International Tribunal | 332 |
DRAFT CODE OF CRIMES AGAINST THE PEACE AND SECURITY OF MANKIND | 335 |
Punishment | 345 |
Official position and responsibility | 353 |
Obligation to extradite or prosecute | 361 |
Non bis in idem | 372 |
Extenuating circumstances 382 | 382 |
Crimes against humanity | 391 |
Crimes against United Nations and associated personnel | 399 |
Commentary | 405 |
Rules of Procedure and Evidence for the International Criminal | 411 |
Languages | 412 |
Conduct of investigations | 420 |
Execution of arrest warrants | 426 |
Depositions | 432 |
Other motions | 433 |
Notice of appeal | 444 |
Copies of record | 445 |
Judgment on appeal | 446 |
Part Nine Pardon and Commutation of Sentence | 447 |
Rome Statute of the International Criminal Court 17 July 1998 | 449 |
Establishment of the Court | 450 |
Genocide | 451 |
War crimes | 452 |
Elements of Crimes | 455 |
Article 10 | 456 |
Prosecutor | 457 |
Preliminary rulings regarding admissibility | 458 |
Challenges to the jurisdiction of the Court or the admissibility of a case | 459 |
Ne bis in idem | 460 |
General Principles of Criminal Law | 461 |
Exclusion of jurisdiction over persons under 18 | 462 |
Nonapplicability of statute of limitations | 463 |
Mistake of fact or mistake of law | 464 |
Qualifications nominations and election of judges | 465 |
Judicial vacancies | 466 |
The Presidency | 467 |
Independence of the judges | 468 |
The Registry | 469 |
Staff | 470 |
Disciplinary measures | 471 |
Rules of Procedure and Evidence | 472 |
Duties and powers of the Prosecutor with respect to investigations | 473 |
Rights of persons during an investigation | 474 |
Evidence | 483 |
Offences against the administration of justice | 484 |
Protection of national security information | 485 |
Thirdparty information or documents | 486 |
Sentencing | 487 |
Determination of the sentence | 488 |
Appeal against other decisions | 489 |
Revision of conviction or sentence | 490 |
International Cooperation and Judicial Assistance | 491 |
Availability of procedures under national law | 492 |
Competing requests | 493 |
Contents of request for arrest and surrender | 494 |
Provisional arrest | 495 |
Postponement of execution of a request in respect of ongoing investigation or prosecution | 497 |
Consultations | 498 |
Costs | 499 |
Use of terms | 500 |
Change in destination of State of enforcement | 501 |
Enforcement of fines and forfeiture measures | 502 |
Assembly of States Parties | 503 |
Financing | 504 |
Reservations | 505 |
Review of the Statute | 506 |
Withdrawal | 507 |
Subtable of Contents | 511 |
European Convention on the NonApplicability of Statutory | 512 |
American Convention on Human Rights | 525 |
25 Jan 1974 excerpts | 535 |
Subtable of Contents | 555 |
United States Foreign Sovereign Immunities | 581 |
Subtable of Contents | 591 |
Decision Stating Reasons for Appeals Chambers Order of 29 May 1998 | 606 |
Nuremberg Judgment | 629 |
RAEDER | 730 |
Conclusion | 743 |
Tokyo Judgment | 751 |
Prisoners and Internees Forced to Sign Parole | 790 |
PART C | 804 |
Kimura Heitaro | 817 |
Sentences | 830 |
ICTY Decisions | 831 |
Decision on the Defence Motion for Interlocutory Appeal | 871 |
Decision on the Defence Motion on the Form of the Indictment | 931 |
A Factual Background | 935 |
Decision on the Defence Motions to Summon and Protect Defence | 943 |
Confidentiality | 948 |
Decision on the Prosecutors Motion to Withdraw Protective Measures | 961 |
Decision on Prosecution Motion to Withdraw Protective Measures | 999 |
Sentencing Judgment | 1175 |
Decision on the Motion by the Accused Zejnil Delalić for | 1197 |
Blaškić | 1221 |
INTRODUCTION | 1225 |
Can the International Tribunal direct Binding Orders | 1239 |
E The Question of National Security Concerns | 1252 |
Kovačević | 1265 |
2 July 1998 | 1273 |
Decisions | 1289 |
Martić | 1305 |
Karadžić Mladić | 1329 |
Rajić | 1359 |
Kordić Others Lašva River Valley | 1379 |
Gagović Others Foča | 1399 |
A Counts 1 to 12Torture and Rape at Buk Bijela | 1403 |
Furundžija Lašva River Valley amended | 1417 |
DISPOSITION | 1430 |
E Was the Plea Equivocal? | 1444 |
What is the General Principle? | 1458 |
Dokmanović Decision on the Motion for Release by | 1531 |
ICTR Decisions | 1563 |
Count 2 | 1569 |
Akayesu Judgement | 1573 |
Kambanda Judgement and Sentence | 1681 |
Control Council Law No 10 Cases | 1697 |
Conclusion | 1712 |
Sulfanilamide Experiments | 1725 |
Conclusion | 1738 |
Malaria SeaWater and Epidemic Jaundice Experiments and | 1741 |
Membership in Criminal Organization | 1755 |
Trial of Erhard Milch Medical | 1781 |
Trial of Oswald Pohl Others | 1799 |
Trial of Josef Altstötter Justice | 1843 |
Trial of Friedrich Flick 5 Others Flick | 1913 |
Trial of Wilhelm von List Others Hostages | 1941 |
Trial of Otto Ohlendorf Others Einsatzgruppen | 2001 |
Trial of Alfred Felix Alwyn Krupp von Bohlen und Halbach | 2063 |
Trial of Carl Krauch 22 Others IG Farben | 2107 |
Trial of Ernst von Weizsaecker Others Ministries | 2145 |
Trial of Wilhelm von Leeb 13 Others German High Command | 2183 |
f Occupational Headquarters and Units Armed Forces Commander | 2189 |
f Evidence with particular reference to hostages and reprisals | 2202 |
m Evidence with particular reference to alleged crimes against the civilian | 2215 |
vii Responsibility of a Commanding Officer for Acts not Ordered by Him | 2229 |
xiii The Findings on Counts II and III | 2243 |
Subtable of Contents | 2247 |
Italy | 2261 |
AUSTRIA SUMMARY | 2273 |
The Netherlands | 2275 |
ARTICLE 50 OF THE CONVENTION | 2286 |
Presumption of Facts | 2293 |
Subtable of Contents | 2308 |
UNITED STATES EX REL QUIRIN v COX EXCERPTS | 2309 |
In re Yamashita Yamashita v Styer US | 2321 |
ATTORNEY GENERAL v EICHMANN EXCERPTS | 2329 |
JUDGMENT OF THE SUPREME COURT | 2364 |
United States v Calley US | 2367 |
P N M MENTEN v PUBLIC PROSECUTOR EXCERPTS | 2375 |
PenaIrala US | 2381 |
FÉDÉRATION NATIONALE DES DÉPORTÉS ET INTERNÉS | 2393 |
TOUVIER EXCERPTS | 2401 |
ON THE CIRCUMSTANCES AND REASONS | 2408 |
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Substantive and Procedural Aspects of International Criminal Law: Commentary. 1 No preview available - 2000 |