, 142 and 158 respectively of the four Geneva Conventions and in Article 1(2) of Additional Protocol I. The Preamble to Additional Protocol II contains similar wording. For more on the Martens Clause, see; M Sassoli and AA Bouvier How Does Law Protect In War? Cases, Documents and Teaching Materials on Contemporary Practice in International Humanitarian Law Vol I, on Prohibitions or Restrictions on the Use of Certain Conventional Weapons, vol.63, p.139, 2006.
, European Journal of International Law 187; and T Meron, vol.11, 2000.
, United Nations War Crimes Commission (ed) History of the United Nations War Crimes Commission and the Development of the Laws of War (1948) 35. On the history of the term, see also D Luban 29, The Yale Journal of International Law, pp.85-86, 1915.
, G Werle Principles of International Criminal Law, pp.637-217, 2005.
, Attorney General of the Government of Israel v Eichmann, District Court of Jerusalem, 36 International Law Reports, p.18, 1961.
, Attorney General of the Government of Israel v Eichmann, Supreme Court of Israel, 36 International Law Reports, p.277, 1962.
, Féderation National des Deportées et Internés Resistants et Patriots et al v Barbie, Cour de Cassation, 78 International Law Reports, p.136, 1985.
, 100 International Law Reports, vol.32, p.330, 1988.
, Women (hereinafter referred to as the Committee) set up in 1982 in terms of Article 17 of CEDAW. The Committee reports annually to the UN General Assembly on its activities and may make suggestions and general recommendations based on the examination of reports and information submitted by States Parties. For more on the work of the Committee, see, in particular, Articles 18 -21 of CEDAW as well as RMM Wallace and K Dale, Risk International Human Rights: Text and Materials, vol.2, pp.31-33, 2001.
, Prosecutor v Furund?ija, ICTY (Trial Chamber), vol.267, 1998.
, paras 598 and 687; and Prosecutor v Nyiramasuhuko and Another, ICTR, Indictment, Case No ICTR-97-21 charging sexual violence (rape and forced nudity) as a violation of Common Article 3 by way of torture, 1998.
, Charter of the International Military Tribunal, Nuremburg, as reported in, p.39, 1945.
, Article 6(c) of the Nuremburg Charter defined crimes against humanity with reference to expressly enumerated acts which could also be perpetrated against one's own nationals: see para, American Journal of International Law, vol.257
, Werle Principles of International Criminal Law (2005) marginal no 722 p 248; and WA Schabas An Introduction to the International Criminal Court 2ed, p.46, 2004.
, See Prosecutor v Kunarac and Others, p.128, 2002.
, Case No ICTR-95-1B-T, Judgment, 2005.
, Some have argued rightly that the Trial Chamber's approach in Prosecutor v Muhimana constitutes somewhat of an oversimplification of the issue of rape, particularly in so far as the compatibility of the two respective definitions are concerned, and also as to whether the ICTY had in fact tacitly accepted the ICTR's definition of rape in Prosecutor v Akayesu: see, in particular, JA Williamson 'Case Commentary: Prosecutor v Mikaeli Muhimana, African Yearbook on International Humanitarian Law, vol.173, 2006.
, Case No IT-95-17/1-T, Judgment, 1998.
, as Violence: The Body Against Intimacy' (1984) 7 International Journal of Women's Studies 352; CA MacKinnon 'Reflections on Sex Equality Under Law, Judgment, p.100, 1991.
, The Social Construction of Women and the Possibility of Change: Unmodified Feminism Revisited' (1992) 5 University of Toronto Law Review 132, Yale Law Journal, 1281.
, Gender Law' (1994) 1 Duke Journal of Gender Law & Policy 1, Feminist Legal Methods
, Harvard Law Review, vol.829
, These included the extermination of Armenians in Turkey at the start of World War I; the Holocaust during World War II; the massacres in Nigeria in the late 1960s; the mass killings in the Soviet Union (under Stalinist rule) and in Cambodia (under Pol Pot); and the horrific events in Bangladesh, pp.555-559, 2005.
, Assembly Resolution 260 A(III) of 9, 1948.
, See para 2.2 supra
, The accused was prosecuted and convicted under an Israeli law of 1951 for war crimes, crimes against the Jewish people and crimes against humanity, International Law Reports, vol.5, pp.233-234
,
, See Article II(d) of the Genocide Convention and Article 6(d) of the Rome Statute
, See Article II(e) of the Genocide Convention and Article 6(e) of the Rome Statute
, Principles of International Criminal Law, p.191, 2005.
, See also Article 6(b) of the Rome Statute which requires the perpetrator to have caused serious bodily or mental harm to at least one member of the group
, Persian Gulf conflict (1990 -1991), the UN Security Council established a Fund to pay compensation for 'any direct loss, damage . . . or injury to foreign governments, nationals and corporations, as a result of the unlawful invasion and occupation of Kuwait by Iraq' (see UN Doc S/RES/687 (3 April 1991) para 16). Such losses included, but were not limited to, violations of IHL. The United Nations Compensation Commission (UNCC) was
, Category A'); (b) serious personal injury or death of a spouse, child or parent ('Category B'); (c) individuals claiming personal damages for losses up to $100 000 ('Category C'); and (d) individuals claiming personal damages for losses exceeding $100 000 ('Category D'). The latter two categories cover death or personal injury or losses of income, support, housing or personal property, medical expenses or costs of departure: see UNCC Decision No 1, 'Criteria for Expedited Processing of Urgent Claims, Six categories of claims were established for which compensation could be awarded by the UNCC. Four of the categories specifically relate to loss incurred by individuals, namely (a) departures from Iraq or Kuwait between 2, 1990.
, For a discussion of torture and particularly of rape as torture
, paras 154 and 165 (recounting the devastating physical and mental harm of sexual violence on women in the Trnopolje camp). See also Aydin v Turkey, ECtHR, Reports of Judgments and Decisions, 1997-VI, para 86, p 1891 (see note 86 supra), IACiHR, issue.7, 1996.
, where the Trial Chamber defined serious bodily harm under the count of genocide as 'any serious physical injury to the victim, such as torture and sexual violence, Case No ICTR-95-1B-T, Judgment, vol.502, 2005.
, See Proceedings of the Sixth Committee, UN GAOR 6 th Comm, 3 rd Sess, vol.81, p.175, 1948.
, power to prosecute persons committing genocide as defined in para 2 or of committing any other acts as enumerated in para 3. Paras 2 and 3 of Article 2 read: '2. Genocide means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, such as: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group. 3. The following acts shall be punishable: (a) Genocide; (b) Conspiracy to commit genocide
, Complicity in genocide
, Case No ICTR-96-4-T, Judgment, pp.452-706, 1998.
,
, See also Prosecutor v Kayishema and Ruzindana, ICTR (Trial Chamber), Judgment, ICTY (Trial Chamber), 1999.
, International Law Reports, vol.5
, Case No ICTR-96-4-T, Judgment, 1998.
, See also Prosecutor v Musema, Case No ICTR-96-13-T, Judgment, p.158, 2000.
, Whether, and to what extent, so-called 'ethnic cleansing' (a term used to refer to the practice in the former Yugoslavia of Serb forces driving Muslims and Croats out of their traditional areas of settlement in Bosnia and Herzegovina) can be classified as genocide, depends on the individual circumstances of the case: see, in general, G Werle Principles of International Criminal Law (2005) marginal nos 604 -605 p 204. It is also noteworthy that the Prosecutor for the ICTY indicted Slobodan Milosevic for crimes against humanity and not genocide with respect to allegations of 'ethnic cleansing' in Kosovo during 1999: see Prosecutor v Milosevic and Others, 1999.
, Case No ICTR-96-13-T, Judgment, p.27, 2000.
, Case No ICTR-96-4-T, Judgment, 1998.
, Case No ICTR-96-13-T, Judgment, p.907, 2000.
, Prosecutor v Furund?ija, ICTY (Trial Chamber), p.172, 1998.
, As this procedure takes place in the absence of the accused, the Trial Chamber determines whether there are any reasonable grounds for believing the accused has committed the acts alleged. If so, an international arrest warrant is issued and the UN Security Council can be informed: see Rule 61(D) and Rule 61(E) of the Rules of Procedure and Evidence of the International Criminal Tribunal for the Former Yugoslavia, cases where an arrest warrant has been issued but not executed, vol.29, 1994.
, Armed Conflict and International Law (2001) 196 and the authority cited in note 111; and W Schabas An Introduction to the International Criminal Court 2ed (2004) 40. But compare G Werle Principles of International Criminal Law, pp.585-586, 2005.
, See note 76 supra
, particular, Proceedings of the Sixth Committee, UN GAOR 6 th Comm, 3 rd Sess, vol.81
, Case No ICTR-96-4-T, Judgment, 1998.
, )(b)(xxii) and Article 8(2)(e)(vi) of the Rome Statute, vol.8
, )(b)(xxii) of the Rome Statute applicable to international armed conflict, See Article, vol.8, issue.2
, e)(vi) of the Rome Statute applicable to internal armed conflict, See Article, vol.8, issue.2
, An overview of the international criminal jurisdictions operating in Africa, International Review of the Red Cross, vol.124, p.861, 2006.
, See note 54 supra
, For a brief summary of these events, see JA Williamson 'An overview of the international criminal jurisdictions operating in Africa, International Review of the Red Cross, vol.125, p.861, 2006.
, See Completion Strategy of the International Criminal Tribunal for Rwanda, 2005.
, , 2005.
, from the UN Secretary-General addressed to the President of the UN General Assembly and the President of the UN Security Council, forwarding the SCSL Completion Strategy, p.27, 2005.