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Prosecution of Human Rights Violations under Customary International Law

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0007
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

While the previous part of the book considers treaty law this chapter turns to the question of whether customary international law provides for a duty to prosecute serious human rights violations. It ... More


Genocide and Political Groups

David L. Nersessian

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This book provides an examination of the crime of genocide in connection with political groups. It offers an empirical study of the current status of political groups under customary international ... More


Political Genocide and Customary International Law

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the question of whether, as some suggest, political genocide is prohibited already by virtue of post-Convention developments in customary international law. It discusses the ... More


The Case for a Crime of Political Genocide

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter discusses why political genocide should be proscribed as a separate international crime. It evaluates political genocide in light of the underlying theoretical justifications for ... More


Human Groups and Genocide

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter analyses whether political groups merit equal treatment to the four groups enumerated in the Genocide Convention. It first discusses what human ‘groups’ really are and the inherent ... More


Article 7(1) of the ICTY Statute and Article 6(1) of the ICTR Statute: ‘Direct’ Participation

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0020
Subject:
Law, Human Rights and Immigration

This chapter discusses ‘direct participation’ in international crimes pursuant to Articles 7(1) and 6(1) of the statutes of the ad hoc tribunals for the former Yugoslavia and of Rwanda, respectively. ... More


Subject-Matter Jurisdiction and Applicable Law – Customary International Law and Treaty Law?

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0002
Subject:
Law, Human Rights and Immigration

The statutes of the ad hoc tribunals created for the former Yugoslavia and Rwanda, the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of ... More


The Person of the Perpetrator: Who Can Commit an International Crime?

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0019
Subject:
Law, Human Rights and Immigration

In principle, anyone can commit a war crime, a crime against humanity, or a genocidal offence. Pursuant to Article 1 of both statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia, the ... More


Relevant Factors in Sentencing

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0028
Subject:
Law, Human Rights and Immigration

In addition to the general sentencing practice in the courts of the former Yugoslavia and Rwanda, the trial chamber will take into account the gravity of the offence which it must punish and all ... More


The Distinction between Jus Cogens and Obligations Erga Omnes

Paolo Picone

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0024
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter demonstrates the necessary distinction between the two concepts in question, taking into consideration their different historical origins, their effects, and the reciprocal fields of ... More


Applicable Law and Purposes of Sentencing

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0027
Subject:
Law, Human Rights and Immigration

It would be hard to identify crimes more difficult to sentence than those provided for in the statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia. The political significance of ... More


International Fact-Finding Mechanisms: Lighting Candles or Cursing Darkness?

Cecilie Hellestveit

in Promoting Peace Through International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198722731
eISBN:
9780191789496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198722731.003.0018
Subject:
Law, Public International Law, Human Rights and Immigration

The chapter discusses international fact-finding mechanisms and their role in the promotion of peace. It relies on a stringent view of peace as ‘negative peace’, a reflection of the absence of armed ... More


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