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Criminal Law and Procedure
International Crimes
Crimes against Humanity
A. Legal Instruments
Convention (II) with Respect to the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land, The Hague, 29 July 1899. Convention (III) relative to the Opening of Hostilities. The Hague, 18 October 1907. Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land, The Hague, 18 October 1907. Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, The Hague, 18 October 1907. Convention (VI) relating to the Status of Enemy Merchant Ships at the Outbreak of Hostilities, The Hague, 18 October 1907. Convention (VII) relating to the Conversion of Merchant Ships into War-Ships. The Hague, 18 October 1907. Convention (VIII) relative to the Laying of Automatic Submarine Contact Mines. The Hague, 18 October 1907. Convention (IX) concerning Bombardment by Naval Forces in Time of War, The Hague, 18 October 1907. Convention (XI) relative to certain Restrictions with regard to the Exercise of the Right of Capture in Naval War, The Hague, 18 October 1907. Convention (XIII) concerning the Rights and Duties of Neutral Powers in Naval War, The Hague, 18 October 1907. Treaty of Peace Between the Allied and Associated Powers and Germany, Versailles, 28 June 1919. Charter of the International Military Tribunal, Annex to the Agreement for the prosecution and punishment of the major war criminals of the European Axis, London, 8 August 1945, United Nations, Treaty Series, vol. 82, p. 284. Charter of the International Military Tribunal for the Far East, Tokyo, 19 January 1946. Convention on the Prevention and Punishment of the Crime of Genocide, Paris, 9 December 1948, United Nations, Treaty Series, vol. 78, p. 277. Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, United Nations, Treaty Series, vol. 75, p. 31. Geneva Convention relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, United Nations, Treaty Series, vol. 75, p. 135. Geneva Convention relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, United Nations, Treaty Series, vol. 75, p. 287. Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity, New York, 26 November 1968, United Nations, Treaty Series, vol. 754, p. 73. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Protocol I), Geneva, 8 June 1977, United Nations, Treaty Series, vol. 1125, p. 3. Statute of the International Criminal Tribunal for the former Yugoslavia, Report of the Secretary-General pursuant to paragraph 2 of Security Council resolution 808 (1993) (S/25704), 3 May 1993. Statute of the International Criminal Tribunal for Rwanda, Security Council resolution 955 (1994) of 8 November 1994. Rome Statute of the International Criminal Court, Rome, 17 July 1998, United Nations, Treaty Series, vol. 2187, p. 3. International Criminal Court, Elements of Crimes, Official Records of the Assembly of States Parties to the Rome Statute of the International Criminal Court, First session, New York, 3-10 September 2002. Statute for the Special Court for Sierra Leone, annexed to the Agreement between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone, Freetown, 16 January 2002, United Nations, Treaty Series, vol. 2178, p. 137. B. Jurisprudence
International International Criminal Tribunal for the Former Yugoslavia, Prosecutor v. Duško Tadić, Judgment of 7 May 1997, Trial Chamber, IT-94-1-T. International Criminal Tribunal for Rwanda, The Prosecutor v. Jean-Paul Akayesu, Trial Judgment, Judgment of 2 September 1998, Trial Chamber I, ICTR-96-4-T. International Criminal Tribunal for the Former Yugoslavia, Prosecutor v. Dario Kordić and Mario Čerkez, Judgment of 17 December 2004, Appeals Chamber, IT-95-14/2-A. International Criminal Tribunal for the Former Yugoslavia, Prosecutor v. Fatmir Limaj et al, Judgment of 30 November 2005, Trial Chamber II, IT-03-66-T. International Criminal Court, The Prosecutor v. Ahmad Muhammad Harun ("Ahmad Harun") and Ali Muhammad Ali Abd-Al-Rahman ("Ali Kushayb"), Decision of 27 April 2007, Pre-Trial Chamber I, ICC-02/05-01/07. International Criminal Court, The Prosecutor v. Jean-Pierre Bemba Gombo, Decision of 15 June 2009, Pre-Trial chamber 2009, ICC-01/05-01/08. International Criminal Court, Situation in the Republic of Kenya (‘Kenya Authorization Decision’), Decision of 31 March 2010, Trial Chamber II, ICC-01/09-19. International Criminal Court, The Prosecutor v. William Samoei Ruto and Joshua Arap Sang, Decision of 23 January 2012, Pre-Trial Chamber II, ICC-01/09-01/11. International Criminal Court, The Prosecutor v. Bosco Ntaganda, Decision of 13 July 2012, Pre-Trial Chamber II, ICC-01/04-02/06. Special Court for Sierra Leone, The Prosecutor v. Charles Taylor, Judgment of 26 September 2013, Appeals Chamber, SCSL-03-01-A. International Criminal Court, The Prosecutor v. Germain Katanga (Situation in the Democratic Republic of the Congo), Judgment of 8 March 2014, Trial Chamber II, ICC-01/04-01/07. National Supreme Court of Israel, Adolf Eichmann v. The Attorney General, Criminal Appeal 336/61, 29 May 1962. Supreme Court of the Netherlands, Menten case, 75 ILR 362-363, 1987. Supreme Court (Criminal Law Chamber), France, The Prosecutor v Barbie, Case No, 87-84240, 3 June 1988. Supreme Court (Criminal Law Chamber), France, France v Paul Trouvier, Case No. 92-82409, 27 November 1992. Supreme Court of Israel, State of Israel v. Ivan (John) Demjanjuk, Case No. 347/88, 29 July 1993. Supreme Court of Canada, R v. Imre Finta, Case No. 23023, 23097, 24 March 1994. Supreme Court of Canada, Mugesera v. Canada (Minister of Citizenship and Immigration), [2005] 2 SCR. 100, 28 June 2005. Superior Court (Criminal Division, Canada, R. v. Désiré Munyaneza, Case No. 500-73-002500-052, 22 may 2009. C. Documents
General Assembly resolution 3(I) of 13 February 1946 (Extradition and punishment of war criminals). International Law Commission, Draft Code of Offences Against the Peace and Security of Mankind, 1954. International Law Commission, Draft Code of Crimes against the Peace and Security of Mankind, 1996. Report of the International Law Commission on the work of its sixty-sixth session, 5 May to 6 June and 7 July to 8 August 2014 (A/69/10 General Assembly Official Records D. Doctrine
A. J. Carrillo & A. K. Nelson, Comparative Law Study and Analysis of National |