General remarks : the creation and jurisdiction of the ad hoc tribunals Subject-matter jurisdiction and applicable law : customary international law and treaty law? Identifying customary international law and the role of judges in the customary process Binding precedents and internal jurisprudential hierarchy War crimes in the statutes of the ad hoc tribunals Chapeau elements of war crimes Grave breaches of the 1949 geneva conventions Other serious violations of the laws or customs of war : underlying offences War crimes in internal armed conflicts Crimes against humanity in the statutes of the ad hoc tribunals Chapeau elements of crimes against humanity Underlying offences Genocide and international criminal tribunals General or chapeau elements of genocide Underlying offences Genocide and other forms of criminal involvement General remarks on participation Jurisdiction ratione personae and applicable law The person of the perpetrator : who can commit an international crime? Article 7(1) of the ICTY statute and article 6(1) of the ICTR statute : 'direct' participation Article 7(3) of the ICTY statute and article 6(3) of the ICTR statute: command or superior responsibility Convictions under articles 7(1) and 7(3) of the ICTY statute and articles 6(1) and 6(3) of the ICTR statute Cumulative charging and cumulative convictions War crimes and crimes.
against humanity War crimes and genocide Genocide and crimes against humanity Applicable law and purposes of sentencing Relevant factors in sentencing Other available penalty : return of property Enforcement of sentences Concluding remarks.
Bibliography, etc. Note
Includes bibliographical references (pages -382) and index.