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The prohibition of state terrorism and questions of attribution

Kimberley N. Trapp

in State Responsibility for International Terrorism

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592999
eISBN:
9780191729102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592999.003.0002
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 2 explores the obligations to refrain from engaging in or supporting acts of international terrorism as specific instantiations of the general international law prohibitions of aggression and ... More


The Crime of Persecution in the ICTY Case-law

Jonas Nilsson

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0008
Subject:
Law, Public International Law, Criminal Law and Criminology

The ICTY prosecutor and judges have found in the crime of persecution a suitable category to address the types of crimes committed in the former Yugoslavia during the conflict in the 1990s. For ... More


From Compromise to Principle

Marko Milanovic

in Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199696208
eISBN:
9780191729805
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696208.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter tries to clear up some of the conceptual confusion in existing case law. It examines the notion of state jurisdiction in human rights treaties, and attempts to place it within the ... More


The Virtual Tribunal

in Justice in the Balkans: Prosecuting War Crimes in the Hague Tribunal

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226312286
eISBN:
9780226312309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226312309.003.0005
Subject:
Law, Human Rights and Immigration

This chapter elaborates the point that the UN commission presaged the establishment of the tribunal as the first case prosecuted by the tribunal emerged from the commission's investigation in ... More


Triggering the Law of Armed Conflict?

Geoffrey S. Corn

in The War on Terror and the Laws of War: A Military Perspective

Published in print:
2015
Published Online:
December 2014
ISBN:
9780199941452
eISBN:
9780190221393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199941452.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter addresses the conditions that bring the law of armed conflict into force: the critical predicate for a nation to assert the broad authority inherent in situations of armed conflict and ... More


Organized Armed Groups in Contemporary International Practice

Tilman Rodenhäuser

in Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198821946
eISBN:
9780191861109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821946.003.0004
Subject:
Law, Public International Law

Chapter 3 suggests that IHL requires non-state entities to fulfil three criteria to form a party to a non-international armed conflict: a group needs to be (1) a collective entity with (2) the ... More


Coerced Cooperation: Serbia’s Relationship with the ICTY

Diane Orentlicher

in Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190882273
eISBN:
9780190882303
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190882273.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter provides an overview of Serbia’s relationship with the ICTY, focusing on the evolving nature and dynamics of Serbian cooperation with the Tribunal, from the defiance that characterized ... More


Blockade in Non-International Armed Conflict

Phillip Drew

in The Law of Maritime Blockade: Past, Present, and Future

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198808435
eISBN:
9780191846151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808435.003.0008
Subject:
Law, Public International Law

Whether or not a blockade can be lawfully conducted during a civil war is an issue of contention. Under the traditional concept of the law of armed conflict, blockades could only be conducted by the ... More


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