Interpreting Crimes in the Rome Statute of the International Criminal CourtThe Rome Statute of the International Criminal Court defines more than ninety crimes that fall within the Court's jurisdiction: genocide, other crimes against humanity, war crimes and aggression. How these crimes are interpreted contributes to findings of individual criminal liability, and moreover affects the perceived legitimacy of the Court. And yet, to date, there is no agreed-upon approach to interpreting these definitions. This book offers practitioners and scholars a guiding principle, arguments and aids necessary for the interpretation of international crimes. Leena Grover surveys the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda before presenting a model of interpretive reasoning that integrates the guidance within the Rome Statute into articles 31-33 of the Vienna Convention on the Law of Treaties (1969). |
Contents
The state of the art | 38 |
3 | 102 |
4 | 134 |
5 | 186 |
Custom as an aid to interpretation | 220 |
Internal indicia of codification | 246 |
External indicia of codification | 303 |
10 | 345 |
| 421 | |
| 445 | |
Other editions - View all
Interpreting Crimes in the Rome Statute of the International Criminal Court Leena Grover Limited preview - 2014 |
Interpreting Crimes in the Rome Statute of the International Criminal Court Leena Grover No preview available - 2016 |
Common terms and phrases
adopted aid to interpreting ambiguity amendments Appeals Chamber applicable law arguments armed conflict article 22 Cassese Chapter citing codification Commentary conduct consistent Court’s jurisdiction crime of aggression crimes against humanity criminal prohibition customary international law customary law Decision defined definitions of crimes Delalic Dinstein drafters Elements of Crimes entered into force existing favour genocide Hebel and Robinson Ibid ICJ Rep ICTR statute ICTY and ICTR intent International Court International Criminal Court international criminal law international human rights international humanitarian law International Law Commission interpreting crimes interpretive aids invoked Judgment judicial jurisprudence legality principle legislation meaning Non-States Parties norms Nuremberg object and purpose ofthe opinio juris Oxford University Press paras presumption principle of legality Prosecutor reasoning reflective of custom relevant Review Conference Rome regime Rome Statute rules of international Schabas Security Council strict construction subsequent practice Tadic Triffterer Vienna Convention 1969 violations war crimes Ybk Int’l