Full Description
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.
Contents
Acknowledgements
Abbreviations
Table of Legislation
Table of Cases
United Nations Documents
1 Introduction
1.1 The Role of Customary International Law in the International Criminal Court
1.2 Aim, Questions and Scope of This Book
1.3 Method and Terms of This Book
1.4 Structure of This Book
1.5 Merits and Limits of This Book
2 Methodological Framework of This Book
2.1 Introductory Remarks
2.2 Interpreting Provisions of the Rome Statute
2.3 Method: The Two-Element Approach to Identifying Customary Rules
2.4 Terms: Treaty Was or Is of a 'Declaratory' Nature of Custom
2.5 Preconditions for This Study
2.6 Concluding Remarks
3 War Crimes in Non-international Armed Conflict
Article 8 of the Rome Statute and Custom
3.1 Introductory Remarks
3.2 Provisions on War Crimes in Non-international Armed Conflict in the Rome Statute
3.3 War Crimes in Armed Conflict
3.4 War Crimes in Non-international Armed Conflict: Were Articles 8(2)(c) and (e) Declaratory of Custom?
3.5 Further Recognition of War Crimes in Non-international Armed Conflict: Are Articles 8(2)(c) and (e) Declaratory of Custom?
3.6 Concluding Remarks
4 Crimes against Humanity
Article 7 of the Rome Statute and Custom
4.1 Introductory Remarks
4.2 Provisions on Crimes against Humanity in the Rome Statute
4.3 Crimes against Humanity as International Crimes under Customary Law
4.4 No Nexus with an Armed Conflict: Was and Is Article 7(1) Declaratory of Custom?
4.5 The Policy Element: Was and Is Article 7(2)(a) Declaratory of Custom?
4.6 Concluding Remarks
5 The Crime of Aggression
Articles 8bis and 25(3bis) of the Rome Statute and Custom
5.1 Introductory Remarks
5.2 The Crime of Aggression in International Law
5.3 Provisions on the Crime of Aggression in the Rome Statute
5.4 The Leadership Element for the Crime of Aggression: Were Articles 8bis and 25(3bis) Declaratory of Custom?
5.5 The Leadership Element for the Crime of Aggression: Are Articles 8bis and 25(3bis) Declaratory of Custom?
5.6 Concluding Remarks
6 Indirect Co-perpetration
Article 25(3)(a) of the Rome Statute and Custom
6.1 Introductory Remarks
6.2 The Attribution of Liability to Individuals at the Leadership Level
6.3 Is Indirect Co-perpetration Encompassed in Article 25(3)(a) of the Rome Statute?
6.4 Non-acceptance of Indirect Co-Perpetration in Post-World War ii Trials
6.5 Indirect Co-perpetration: Is Article 25(3)(a) Declaratory of Custom?
6.6 Concluding Remarks
7 An Exception to Personal Immunity for International Crimes
Article 27(2) of the Rome Statute and Custom
7.1 Introductory Remarks
7.2 Immunity under International Law
7.3 Personal Immunity: Article 27(2) of the Rome Statute
7.4 Non-availability of Personal Immunity for International Crimes: Was Article 27(2) Declaratory of Custom?
7.5 Non-availability of Personal Immunity for Committing International Crimes: Is Article 27(2) Declaratory of Custom?
7.6 Concluding Remarks
8 Conclusions
8.1 Synthesis
8.2 Discussions and Concluding Remarks
Bibliography
Index
