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The Rome Statute as Evidence of Customary International Law

The Rome Statute as Evidence of Customary International Law

The Rome Statute as Evidence of Customary International Law

Author: Yudan Tan
Publisher: Brill Nijhoff
ISBN: 9789004439405
Published In: September 2021
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,806.30

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Description
Contents

Details

In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law. The 1998 Rome Statute has generated a great deal of scholarly interest. Providing a novel way of analysing the treaty-custom interactions, Yudan Tan examines the customary status of essential parts of the Rome Statute. Based on a flexible two-element identification approach, focusing more on opinio juris, Yudan Tan convincingly argues that provisions of the Rome Statute were partly declaratory of custom when adopted in 1998, and that they are also partly declaratory of custom at the present time.

Abbreviations

Table of Legislation

Table of Cases

United Nations Documents

Chapter 1. Introduction

Chapter 2. Methodological Framework of This Book

Chapter 3. War Crimes in Non-international Armed Conflict

Article 8 of the Rome Statute and Custom

Chapter 4. Crimes against Humanity

Article 7 of the Rome Statute and Custom

Chapter 5. The Crime of Aggression

Articles 8bis and 25(3bis) of the Rome Statute and Custom

Chapter 6. Indirect Co-perpetration

Article 25(3)(a) of the Rome Statute and Custom

Chapter 7. An Exception to Personal Immunity for International Crimes

Article 27(2) of the Rome Statute and Custom

Chapter 8. Conclusions

Back Matter

Bibliography

Index

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