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Math Noortmann
and
Luke D. Graham

104 Development and character of international criminal law The foundations of international criminal law were laid after the Second World War in the indictments of leaders and soldiers from Nazi Germany, soldiers from Japan, and the Nuremberg and Tokyo trials. After 1990 the conflicts in Yugoslavia and Rwanda led to the establishment of the Yugoslavia Tribunal and the

in The basics of international law
Melanie Klinkner

In the aftermath of conflict and gross human rights violations, victims have a right to know what happened to their loved ones. Such a right is compromised if mass graves are not adequately protected to preserve evidence, facilitate identification and repatriation of the dead and enable a full and effective investigation to be conducted. Despite guidelines for investigations of the missing, and legal obligations under international law, it is not expressly clear how these mass graves are best legally protected and by whom. This article asks why, to date, there are no unified mass-grave protection guidelines that could serve as a model for states, authorities or international bodies when faced with gross human rights violations or armed conflicts resulting in mass graves. The paper suggests a practical agenda for working towards a more comprehensive set of legal guidelines to protect mass graves.

Human Remains and Violence: An Interdisciplinary Journal
Hilary Charlesworth
and
Christine Chinkin

’s experiences, the ‘new’ international criminal law does not represent a significant shift in the boundaries of international law. Women in international criminal law From late 1991 and throughout 1992 extensive media coverage created widespread pressure for an international legal response to the atrocities committed against women and men in the conflicts

in The boundaries of international law
The UK Context

The Basics of International Law presents a comprehensive and accessible entry-level text which provides the most essential and basic rules and facts of international law in pocket format. This quick reference text offers UK-specific examples to contextualise international law concepts and directs the reader to further sources. Topics covered include: the place of international law in the national legal order; subjects of international law; sources of public international law; treaty law; jurisdiction; immunities; state responsibility; settlement of disputes; the enforcement of international law; peace and security; the law of international organisations; the United Nations; other global international organisations; regional intergovernmental organisations; international human rights; international criminal law; international economic law; and, international environmental law.

Abstract only
Christine Byron

attempts to create an international tribunal prior to the Second World War failed dismally, 1 the horrific atrocities committed in that conflict led to the Nuremberg and Tokyo Tribunals to try German and Japanese war criminals. 2 Despite criticism of these tribunals for applying victors’ justice and ex post facto law, it is undeniable that they greatly contributed to international criminal law and the prospects of a permanent international criminal court. 3 In particular, they revealed the potential of international criminal justice, when given political backing and

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
Abstract only
Math Noortmann
and
Luke D. Graham

). The ICRC also has a special position in international criminal law. However, there are still major differences of opinion regarding the international legal personality of the ICRC (see section 20 ).

in The basics of international law
Abstract only
Sibylle Scheipers

change in circumstances.1 There is a tendency in the negotiations, occasionally, to seek to transform human rights principles and prohibitions on state practice into new criminal law princi­ ples. But this treaty­making exercise cannot become a law­making exercise. The treaty must reflect what is currently international criminal law, not what we hope or even confidently predict may one day become criminal law.2 The preceding quotes both represent statements by US officials concerning the role of international law and its development or, rather, continuity. The first

in Negotiating sovereignty and human rights
Legality and legitimacy
Dominic McGoldrick

International Military Tribunals at Nuremberg and Tokyo and the International Tribunals for the former Yugoslavia and for Rwanda. It also looks to future trials that could take place before the Permanent International Criminal Court. Any trial can be viewed as a drama.2 However, it is never an abstract drama. A trial or series of trials has to be localised in a system of criminal law and justice. International trials have to be localised in ‘systems’ of ‘international criminal law’ and ‘international criminal justice’. However, the very existence of such ‘systems’ has been

in Domestic and international trials, 1700–2000
Hilary Charlesworth
and
Christine Chinkin

settlements under international auspices. 2 Regionally and nationally, international law was the foundation of standards for state and individual accountability for breaches of human rights and international criminal law, for example through the creation of the ad hoc criminal tribunals for former Yugoslavia (1993) 3 and Rwanda (1994) 4 and the International Criminal Court

in The boundaries of international law
Ilias Bantekas

contrary concrete action. The ascertainment of customary criminal humanitarian law should theoretically be a far less elaborate exercise, since one may be guided by the existence of criminal statutes, relevant enforcement, and generally no concrete practice to the contrary. However, because international criminal law has not always employed direct enforcement mechanisms (i.e. international tribunals), nor

in Principles of direct and superior responsibility in international humanitarian law