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Vol 23 No 5 May/June 2018

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Interpreting Crimes in the Rome Statute of the International Criminal Court

ISBN13: 9781107067721
Published: October 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £73.00
Paperback edition , ISBN13 9781107688773

Despatched in 6 to 8 days.

The Rome Statute of the International Criminal Court defines more than ninety crimes that fall within the Court's jurisdiction: genocide, crimes against humanity, war crimes and aggression. How these crimes are interpreted contributes to findings of individual criminal liability, and moreover impacts upon the perceived legitimacy of the Court. And yet, to date, there is no agreed 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 ICTY and ICTR before presenting a model of interpretive reasoning that integrates the guidance within the Rome Statute itself with Articles 31-33 of the Vienna Convention on the Law of Treaties.

International Criminal Law
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.