International law, Sixth edition
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International Law MALCOLM N. SHAW
Criminals, 1949, p. 26. However, cf. the Separate Opinion of Judge Guillaume in Congo
v. Belgium, ICJ Reports, 2002, pp. 3, 42; 128 ILR, p. 98 (restricting universal jurisdiction to piracy) and the Joint Separate Opinion, ibid., pp. 3, 78; 128 ILR, p. 134 (universal jurisdiction may possibly exist with regard to the Geneva Conventions of 1949 on war crimes, etc.). See further above, chapter 8. 103 See e.g. Calley v. Calloway 382 F.Supp. 650 (1974), rev’d 519 F.2d 184 (1975), cert. denied 425 US 911 (1976). 104 See also article 228 of the Treaty of Versailles, 1919. 105 Resolution 95 (I). See also Yearbook of the ILC, 1950, vol. II, p. 195; 253 HL Deb., col. 831, 2 December 1963; the British Manual of Military Law, Part III, 1958, para. 637; Brownlie, Principles, pp. 561 ff., and P. Weiss, ‘Time Limits for the Prosecution of Crimes against International Law’, 53 BYIL, 1982, pp. 163, 188 ff. 106 See e.g. Weiss, ‘Time Limits’. 107 See article 49 of the First Geneva Convention; article 50 of the Second Geneva Conven- tion; article 129 of the Third Geneva Convention and article 146 of the Fourth Geneva 670 i n t e r nat i o na l l aw persons and the taking of hostages. The list was extended in Protocol I of 1977 to the 1949 Conventions to include, for example, attacking civilian populations. 108 Nuremberg practice demonstrates that crimes against peace consist of the commission by the authorities of a state of acts of aggression. In the- ory this is not controversial, but in practice serious problems are likely to arise within the framework of universal jurisdiction. 109 However, whether this category can be expanded to include support for international terror- ism is open to question. Crimes against humanity clearly cover genocide and related activities. They differ from war crimes in applying beyond the context of an international armed conflict, but cover essentially the same substantive offences. 110 The UN Secretary-General’s Report on the Establishment of an International Tribunal for the Former Yugoslavia 111 noted in the commentary to article 5 of what became the Statute of the Tribunal 112 that ‘crimes against humanity are aimed at any civilian pop- ulation and are prohibited regardless of whether they are committed in an armed conflict, international or internal in character’ and that ‘crimes against humanity refer to inhumane acts of a very serious nature, such as wilful killing, torture or rape, committed as part of a widespread or systematic attack against any civilian population on national, political, ethnic, racial or religous grounds’. 113 The 1998 Rome Statute for the Inter- national Criminal Court provides that jurisdiction is limited to the ‘most serious crimes of concern to the international community as a whole’ be- ing genocide, crimes against humanity, war crimes and aggression, 114 and that a person who commits a crime within the jurisdiction of the Court ‘shall be individually responsible and liable for punishment’ in accordance with the Statute. 115 Convention. See also e.g. G. I. A. D. Draper, The Red Cross Conventions, London, 1958, p. 105. Cf. Bowett, ‘Jurisdiction’, p. 12. 108 See further above, chapter 8, and below, chapter 21. 109 See e.g. R v. Jones [2006] UKHL 16; 132 ILR, p. 668, and see above, chapter 4, p. 146. 110 See e.g. Brownlie, Principles, p. 562; L. C. Green, The Contemporary Law of Armed Conflict, 2nd edn, Manchester, 2000, chapter 18; E. Schwelb, ‘Crimes Against Humanity’, 23 BYIL, 1946, p. 178. See also the Commentary to article 20 of the Draft Statute for an International Criminal Court which refers to the concept as a term of art, Report of the International Law Commission, A/49/10, 1994, p. 75. 111 S/25704, 1993, at paragraphs 47–8. 112 Security Council resolution 827 (1993). 113 See article 3 of the Statute of the International Criminal Tribunal for Rwanda, 1994, Security Council resolution 955 (1994). See also the Barbie case, 100 ILR, p. 330 and the Download 7.77 Mb. Do'stlaringiz bilan baham: |
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