The Rome Statute as Evidence of Customary International Law

Criminal Law

The Rome Statute as Evidence of Customary International Law

By Yudan Tan
Brill Nijhoff September 2021

Specifications

ISBN-13
9789004439405
Publisher
Brill Nijhoff
Publication
September 2021
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

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.

Table of Contents

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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