The Rome statute as evidence of customary international law / / Yudan Tan.
In The Rome Statute as Evidence of Customary International Law , Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law. The 1998 Rome Statute has generated a great deal of scholarly interest....
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Superior document: | International Criminal Law Series ; 16 |
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VerfasserIn: | |
Place / Publishing House: | Leiden, Netherlands ;, Boston, Massachusetts : : Brill,, [2021] ©2021 |
Year of Publication: | 2021 |
Language: | English |
Series: | International Criminal Law Series ;
16. |
Physical Description: | 1 online resource. |
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Table of Contents:
- Acknowledgements
- Abbreviations
- Table of Legislation
- Table of Cases
- United Nations Documents
- 1 Introduction
- 1.1 The Role of Customary International Law in the International Criminal Court
- 1.2 Aim, Questions and Scope of This Book
- 1.3 Method and Terms of This Book
- 1.4 Structure of This Book
- 1.5 Merits and Limits of This Book
- 2 Methodological Framework of This Book
- 2.1 Introductory Remarks
- 2.2 Interpreting Provisions of the Rome Statute
- 2.3 Method: The Two-Element Approach to Identifying Customary Rules
- 2.4 Terms: Treaty Was or Is of a 'Declaratory' Nature of Custom
- 2.5 Preconditions for This Study
- 2.6 Concluding Remarks
- 3 War Crimes in Non-international Armed Conflict
- Article 8 of the Rome Statute and Custom
- 3.1 Introductory Remarks
- 3.2 Provisions on War Crimes in Non-international Armed Conflict in the Rome Statute
- 3.3 War Crimes in Armed Conflict
- 3.4 War Crimes in Non-international Armed Conflict: Were Articles 8(2)(c) and (e) Declaratory of Custom?
- 3.5 Further Recognition of War Crimes in Non-international Armed Conflict: Are Articles 8(2)(c) and (e) Declaratory of Custom?
- 3.6 Concluding Remarks
- 4 Crimes against Humanity
- Article 7 of the Rome Statute and Custom
- 4.1 Introductory Remarks
- 4.2 Provisions on Crimes against Humanity in the Rome Statute
- 4.3 Crimes against Humanity as International Crimes under Customary Law
- 4.4 No Nexus with an Armed Conflict: Was and Is Article 7(1) Declaratory of Custom?
- 4.5 The Policy Element: Was and Is Article 7(2)(a) Declaratory of Custom?
- 4.6 Concluding Remarks
- 5 The Crime of Aggression
- Articles 8bis and 25(3bis) of the Rome Statute and Custom
- 5.1 Introductory Remarks
- 5.2 The Crime of Aggression in International Law
- 5.3 Provisions on the Crime of Aggression in the Rome Statute
- 5.4 The Leadership Element for the Crime of Aggression: Were Articles 8 bis and 25(3 bis ) Declaratory of Custom?
- 5.5 The Leadership Element for the Crime of Aggression: Are Articles 8 bis and 25(3 bis ) Declaratory of Custom?
- 5.6 Concluding Remarks
- 6 Indirect Co-perpetration
- Article 25(3)(a) of the Rome Statute and Custom
- 6.1 Introductory Remarks
- 6.2 The Attribution of Liability to Individuals at the Leadership Level
- 6.3 Is Indirect Co-perpetration Encompassed in Article 25(3)(a) of the Rome Statute?
- 6.4 Non-acceptance of Indirect Co-Perpetration in Post-World War ii Trials
- 6.5 Indirect Co-perpetration: Is Article 25(3)(a) Declaratory of Custom?
- 6.6 Concluding Remarks
- 7 An Exception to Personal Immunity for International Crimes
- Article 27(2) of the Rome Statute and Custom
- 7.1 Introductory Remarks
- 7.2 Immunity under International Law
- 7.3 Personal Immunity: Article 27(2) of the Rome Statute
- 7.4 Non-availability of Personal Immunity for International Crimes: Was Article 27(2) Declaratory of Custom?
- 7.5 Non-availability of Personal Immunity for Committing International Crimes: Is Article 27(2) Declaratory of Custom?
- 7.6 Concluding Remarks
- 8 Conclusions
- 8.1 Synthesis
- 8.2 Discussions and Concluding Remarks
- Bibliography
- Index.