Interpreting Crimes in the Rome Statute of the International Criminal Court

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Interpreting Crimes in the Rome Statute of the International Criminal Court

By Leena Grover
Cambridge University Press June 2016

Specifications

ISBN-13
9781107688773
Publisher
Cambridge University Press
Publication
June 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

The 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).

Table of Contents

Foreword Claus Kress
1. Introduction
2. The state of the art
Annex: aids to interpretation
3. Guiding interpretive principle
4. Challenges to the principle of legality
5. Operationalizing the principle of legality
6. Custom as an aid to interpretation
7. Internal indicia of codification
8. External indicia of codification
9. The Vienna Convention (1969) and aids to interpretation
10. Conclusions.
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