Category Archives: Uncategorized

Theory and Practice of International and Internationalized Criminal Proceedings

Knoops, G-JGJ


Over the past dozen years, the international community has witnessed the establishment of a number of ad hoc international criminal tribunals, such as ICTY and ICTR. A number of hybrid tribunals were also established including in Sierra Leon and Cambodia. These proceedings have shaped and in many respects developed the jurisprudence relating to international crimes and their prosecutions. This book looks at them.…

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The Statute of the International Criminal Court: Some Preliminary Reflections

Cassese, Antonio


The author appraises the contribution of the International Criminal Court (ICC) to substantive and procedural international criminal law. He portrays it as a evolutionary innovation. Its substantive features include: a definition of crimes falling within its jurisdiction which is more specific than in existing international law; and impressive detail in spelling out general principles of international criminal law such as actus reus, mens rea, nullum crimen and nulla poena, as well as various forms of international criminal responsibility (for commission of crimes, aiding and abetting, etc.). Certain of the substantive provisions, however, may be considered retrogressive in the light of existing law. These include: the distinction between international and internal armed conflicts, needlessly perpetuated in Article 8; an insufficient prohibition of the use in armed conflict of modern weapons that cause unnecessary suffering or are inherently indiscriminate; the excessively cautious criminalization of war crimes offences; the omission of recklessness as a culpable state of mind at least for some crimes; and excessive breadth given to the defences of mistake of law, superior order and self-defence. The author considers the ICC’s major contribution to be procedural. The Statute has set up a complex judicial body with detailed regulations governing all the stages in the criminal adjudication. The prerequisites to the exercise of jurisdiction, however, depend greatly on the willingness of all states parties concerned in the prosecution to cooperate with the Court. In its present form, the author argues, the Statute is somewhat too deferential to the prerogatives of state sovereignty, a fact which could impair the ICC’s effectiveness.…

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Arresting Impunity: The Case for Universal Jurisdiction in Bringing War Criminals to Accountability

Joyner, C C


War crimes are repulsive, heinous acts. War carried out under the most civilized laws of armed conflict is horrible, but its horrors are greatly exacerbated by those brutal acts of plunder, torture, rape, and murder that humanitarian laws of war forbid. Such vile acts affect not only those against whom they are perpetrated; they appall and offend all of humanity. Prevention and punishment of war crimes is of legal concerns and moral obligations, not just for those governments in whose territory crimes occurred, but for all states. Indeed, the effective prosecution and punishment of war criminals remain essential to the prevention of such crimes, the protection of human rights and fundamental freedoms, and the promotion of international peace and security…

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The International Criminal Court Does Not Have Complete Jurisdiction Over Customary Crimes Against Humanity and War Crimes

Paust, Jordan J


The International Criminal Court does not have jurisdiction over all international crimes and it is understood that definitions or lists of crimes that are within the jurisdiction of the ICC are not meant to be exclusive or to limit in any way the customary definitions of crimes against humanity and war crimes or the reach more generally of customary international law. Parts II and III of this article provide significant detail with respect to differences between crimes against humanity and war crimes covered under the Statute of the ICC and those covered under the broader reach of customary international law. These differences are important for several reasons. For example, if future efforts are made to create a general or regional multilateral treaty proscribing crimes against humanity, the significant limits with respect to crimes against humanity set forth in Article 7 of the Statute of the ICC should not simply be copied. The same point pertains with respect to national legislation that attempts to cover all crimes against humanity and/or all war crimes under dynamic customary international law.…

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Rape Camp as a Means of Ethnic Cleansing: Religious, Cultural and Ethical Responses to Rape Victims in the Former Yugoslavia

Salzman, T A


The war in former Yugoslavia has provided documented evidence of rape and forced impregnation used as a weapon of war for achieving ethnic cleansing to fulfill political and military objectives. Though international community is concerned much remains to be accomplished to put and end to present violations, to punish the perpetrators and to prevent these atrocities from occurring in the future…

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Preventing Genocide a Blueprint for US Policy Makers

Albright, Madeleine K and Cohen, William S


This report includes five distinct domains in order guide US policy makers to prevent genocide. Those are early warning, early prevention, preventive diplomacy,employing military options and international action.
This report is a joint publication by United States Holocaust Memorial Museum, The American Academy of Diplomacy and the Endowment of the United States Institute of Peace…

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Rape in War: the Humanitarian Response

Shanks, L and S, Michael J


WOMEN AND CHILDREN ARE VULNERABLE to sexual violence in times of conflict, and the risk persists even after they have escaped the conflict area. The impact of rape goes far beyond the immediate effects of the physical attack and has long-lasting consequences. We describe the humanitarian community’s response to sexual violence and rape in times of war and civil unrest by drawing on the experiences of
Médecins Sans Frontières/Doctors Without Borders and other humanitarian agencies. Health care workers must have a keen awareness of the problem and be prepared to
respond appropriately. This requires a comprehensive intervention protocol, including antibiotic prophylaxis, emergency contraception, referral for psychological support,
and proper documentation and reporting procedures. Preventing widespread sexual violence requires increasing the security in refugee camps. It also requires speaking out and holding states accountable when violations of international law occur. The challenge is to remain alert to these often hidden, but extremely destructive, crimes in the midst of a chaotic emergency relief setting.…

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Archive I: Media Archive

Archives news reports, opinions, editorials published in different media outlets from around the world on 1971, International Crimes Tribunal and the justice process.

Archive II: ICT Documentation

For the sake of ICT’s legacy this documentation project archives, and preserves proceeding-documents, e.g., judgments, orders, petitions, timelines.

Archive III: E-Library

Brings at fingertips academic materials in the areas of law, politics, and history to facilitate serious research on 1971, Bangladesh, ICT and international justice.

Archive IV: Memories

This archive records from memory the nine-month history of 1971 as experienced and perceived by individuals from all walks of life.