The legal regime of the International Criminal Court : essays in honour of Professor Igor Blishchenko : in memoriam Professor Igor Pavlovich Blishchenko (1930-2000) / edited by José Doria, Hans-Peter Gasser, M. Cherif Bassiouni.
2009
KZ6311 .L44 2009 (Map It)
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Title
The legal regime of the International Criminal Court : essays in honour of Professor Igor Blishchenko : in memoriam Professor Igor Pavlovich Blishchenko (1930-2000) / edited by José Doria, Hans-Peter Gasser, M. Cherif Bassiouni.
Published
Leiden ; Boston : Martinus Nijhoff Publishers, 2009.
Call Number
KZ6311 .L44 2009
ISBN
9789004163089 (hardback : alk. paper)
9004163085 (hardback : alk. paper)
9004163085 (hardback : alk. paper)
Description
xxvi, 1,121 pages : illustrations ; 25 cm.
System Control No.
(OCoLC)183266503
Bibliography, etc. Note
Includes bibliographical references.
Record Appears in
Table of Contents
Short Biography of Professor Igor P. Blishchenko
General Introduction
Pt. I
The Long Way to the ICC
Sect. I
Historical Background to the ICC
Ch. 1
Early Efforts to Establish an International Criminal Court / Jackson Maogoto
Ch. 2
The Tokyo Trial Revisited / Hisakazu Fujita
Ch. 3
The Work of National Military Tribunals under Control Council Law 10 / Jackson Maogoto
Ch. 4
The Experience of the Ad Hoc Tribunals for the Former Yugoslavia and Rwanda / Jackson Maogoto
Sect. 2
The Progressive Development oflnternational Humanitarian Law and International Criminal Law by the Ad Hoc Tribunals
Ch. 5
Customary Law or "Judge-Made" Law: Judicial Creativity at the UN Criminal Tribunals / William Schabas
Ch. 6
Bombardment: From "Brussels 1874" to "Sarajevo 2003" / Frits Kalsboven
Ch. 7
The Relationship between Complicity Modes of Liability and Specific Intent Crimes in the Law and Practice of the ICTY / Jose Doria
Sect. 3
The Progressive Development of International Procedural Criminal Law by the Ad Hoc Tribunals
Ch. 8
Plea Bargaining: The Uninvited Guest at the International Criminal Tribunal for the Former Yugoslavia / Mark Harmon
Ch. 9
Provisional Release in the Law of the International Criminal Tribunal for the Former Yugoslavia / Fergal Gaynor
Ch. 10
Undue Delay and the ICTY's Experience of Status Conferences: A Judge's Personal Annotations / Almiro Rodrigues
Sect. 4
The Work of Mixed National/International Jurisdictions
Ch. 11
The Work of the Special Court for Sierra Leone through Its Jurisprudenee / Jose Doria
Ch. 12
From East Timor to Timor-Leste: A Demonstration of the Limits of International Law in the Pursuit of Justice / Richard Burchill
Ch. 13
Bosnia's War Crimes Chamber and the Challenges of an Opening and Closure / Avril McDonald
Pt. II
Legal and Institutional Basis of the ICC
Sect. 5
Organs of the International Criminal Court
Ch. 14
The Judges of the International Criminal Court and the Organization of Their Work / Hirad Abtahi
Ch. 15
The International Criminal Court's Office of the Prosecutor: Navigating between Independence and Accountability? / Jan Wouters Sten Verhoeven Bruno Demeyere
Ch. 16
The Support Work of the Court's Registry / Anna Lachowska
Sect. 6
The Court and General Principles of International Law
Ch. 17
Jus Cogens, Obligations Erga Omnes and International Criminal Responsibility / Wladyslaw Czaplinski
Sect. 7
Jurisdiction Ratione Personae, Loci and Temporis
Ch. 18
Jurisdiction Ratione Personae or the Personal Reach of the Court's Jurisdiction / Christopher L. Blakesley
Ch. 19
The ICC and the Security Council: An Uncomfortable Relationship / Nigel White Robert Cryer
Sect. 8
War Crimes in International Armed Conflicts
Ch. 20
Conduct of Hostilities - War Crimes / Lindsay Moir
Ch. 21
Crimes involving Disproportionate Means and Methods of Warfare under the Statute of the International Criminal Court / Judith Gardam
Ch. 22
International Legal Protections for Persons Hors de Combat / Sergei A. Egorov
Ch. 23
Child Recruitment as a Crime under the Rome Statute of the International Criminal Court / Matthew Happold
Sect. 9
War Crimes in Non-International Armed Conflicts
Ch. 24
Particular Issues Regarding War Crimes in Internal Armed Conflicts / Lindsay Moir
Ch. 25
Violations of Common Article 3 of the Geneva Conventions / Lindsay Moir
Ch. 26
Displacement of Civilians as a War Crime Other than a Violation of Common Article 3 in Internal Armed Conflicts / Lindsay Moir
Sect. 10
Crimes against Humanity and the Crime of Aggression
Ch. 27
Whether Crimes against Humanity Are Backdoor War Crimes / Jose Doria
Ch. 28
The Crime of Aggression and the International Criminal Court / Roger S. Clark
Sect. II
Modes of Liability before the ICC
Ch. 29
The Doctrine of Command Responsibility / Charles Garraway
Ch. 30
The Transposition of Military Commander's Discretion onto International Criminal Responsibility for Military Commanders: An Increasing Legal-Political Dilemma within International Criminal Justice / Geert-Jan Alexander Knoops
Sect. 12
Defences before the ICC
Ch. 31
Official Capacity and Immunity of an Accused before the International Criminal Court / Eric David
Ch. 32
Self-Defence and State of Necessity in the Statute of the ICC / Eric David
Ch. 33
The Diverging Position of Criminal Law Defences before the ICTY and the ICC: Contemporary Developments / Geert-Jan Alexander Knoops
Pt. III
The Court at Work
Sect. 13
The Procedural Rules of the ICC
Ch. 34
The Rules of Procedure and Evidence and the Regulations of the Court / Silvia Fernandez de Gurmendi Hakan Friman
Sect. 14
Criminal Proceedings at the ICC
Ch. 35
Charging in the ICC and Relevant jurisprudence of the Ad Hoc Tribunals / Vladimir Tochilovsky
Ch. 36
Prosecution Disclosure Obligations in the ICC and Relevant Jurisprudence of the Ad Hoc Tribunals / Vladimir Tochilovsky
Ch. 37
The Conduct of Trials / Josee D'Aoust
Sect. 15
Victims in the Process before the ICC
Ch. 38
Victims' Rights and Interests in the International Criminal Court / Theo van Boven
Ch. 39
Ensuring Effective Participation and Adequate Redress for Victims: Challenges Ahead for the ICC / Ilaria Bottigliero
Sect. 16
Penalties
Ch. 40
Uniform Justice and the Death Penalty / Eric Myjer
Sect. 17
Appeal and Revision Procedures
Ch. 41
Standards of Appeals and Standards of Revision / Jose Doria
Pt. IV
ICC Relationship with States, International Organizations and other Issues in General (Miscellaneous)
Sect. 18
Cooperation of States with the Court
Ch. 42
Cooperation with the Court on Matters of Arrest and Surrender oflndicted Fugitives: Lessons from the Ad Hoc Tribunals and National Jurisdictions / Daniel Nsereko
Sect. 19
Relationship of the Court with International Organizations
Ch. 43
The International Criminal Court and the International Court of Justice: Some Points of Contact / Shabtai Rosenne
Sect. 20
Miscellaneous
Ch. 44
International Humanitarian Law and Its Implementation by the Court / Robert Kolb
Ch. 45
The International Criminal Court: Reviewing the Case (An American Point of View) / Ruth Wedgwood
Ch. 46
The Dynamic but Complex Relationship between International Penal Law and International Humanitarian Law / Yves Sandoz
Ch. 47
Ten Principles for Reconciling Truth Commissions and Criminal Prosecutions / Lyal S. Sunga
Ch. 48
The ICC Statute and the Ratification Saga in the States of the Commonwealth of Independent States / Aslan Abashidze Elena Trikoz
Ch. 49
The Changing Relationship between International Criminal Law, Human Rights Law and Humanitarian Law / Hans-Peter Gasser