Kadidiatou HAMA
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).
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.
Leena GROVER,
Interpreting Crimes in the Rome Statute of the International Criminal Court,
Cambridge, Cambridge University Press, 2014 (375 pp.)
Leena
Grover is a Habilitation Candidate in the Faculty of Law at the University of
Zurich. She is a member of the Law Society of Upper Canada and has worked for a
number of adjudicatory bodies including the International Criminal Tribunal for
the former Yugoslavia and International Criminal Court.
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