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In fact, these grounds were part of the grounds of appeal against the decision The Prosecutor v Dusco Tadic (Jurisdiction of the Tribunal)1,2. Goalia and Romalia are signatory to the Charter of the United Nations 3, 4, 5 and Hague Conventions 6 In this regard, it will be instructive to discuss certain legal provisions that may be applicable to the respective States under consideration.This Court was established as a permanent institution and empowered to have jurisdiction over the persons charged with having committed the most serious crimes of international concern. And it should not be repugnant national criminal jurisdictions as provided for in Article 1 of the Statute. The Court shall have its seat at the Hague, and it can sit at other places if considered desirable in specific circumstances. Article 5 (1) of the ICC empowers the Court to try the following crimes. Crimes against humanity, 3. War Crimes and 4. Crime of aggression. Article 5(2) empowers the ICC to determine the conditions of crime as provided for in Articles 121 and 123 which should be consistent with applicable provisions of the Charter of the United Nations. Article 6 defines genocide in various terms. It must be any of the acts aimed to destroy a national, racial or religious group in whole or part as follows; (1) Killing members of the group; (2) Causing serious bodily or mental injury to the members of the group; (3) Purposely creating conditions for the group so as make them suffer physical destruction in whole or part; (4) placing restrictions so as to prevent births within the group.; and (5) shifting children of one group to another by force.Article 11 provides that the crimes committed after the coming into force of this Statute alone can be tried under this Statute. In respect of a particular State, the crimes committed only after the State in question endorsing the Statute unless that State has made a declaration under article 12 , paragraph 3 which states that if the State is not a signatory to the ICC statute as required under para 2 of this article, it can declare to the Registrar accepting power of the Court to try the crime in question. The State giving acceptance must cooperate with the Court with no delay. Article 12 and 13; Article 12 (1) confirms that whichever state endorses the ICC statute is deemed to accept jurisdiction of the ICC in

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Bibliography

Cases

The Prosecutor v Dusco Tadic Case No. IT-94-1-AR72; 35 ILM (1996) 32

The Republic of Nicaragua v. The United States of America (1986) ICJ 1

Case Concerning The Military And Paramilitary Activities In And Against Nicaragua (Nicaragua V. United States Of America) (Merits) International Court of Justice. < http://www.icj cij.org/docket/?sum=367&p1=3&p2=3&case=70&p3=5 > accessed 4 Jan 2015

The Prosecutor v. Thomas Lubanga Dyilo ICC-01/04-01/06 < http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc%200104%200106/Pages/democratic%20republic%20of%20the%20congo.aspx > accessed 4 Jan 2015

Prosecutor v Kupreškić et al. (IT-95-16) - ICTY - TPIY

UN ICTY JL/P.I.S./462-E < http://www.icty.org/sid/7910 > accessed 4 Jan 2015

Prosecutor v. Akayesu, Case No. ICTR-96-4, Judgment (Sept. 2, 1998). < http://www1.umn.edu/humanrts/instree/ICTR/AKAYESU_ICTR-96-4/Judgment_ICTR-96-4-T.html > accessed 4 Jan 2015

Statutes and Statutory Instruments

Charter of the United Nations < http://www.un.org/en/documents/charter/ > accessed 4 Jan 2015

Hague Conventions < http://www.hcch.net/index_en.php?act=conventions.listing> accessed 4 Jan 2015

Rome Statute of the International Criminal Court, 17 July 1998 < https://www.icrc.org/ihl/INTRO/585?OpenDocument> accessed 4 Jan 2015

Universal Declaration of Human Rights < http://www.un.org/en/documents/udhr/ > accessed 4 Jan 2015

Vienna Convention on the Law Treaties < https://treaties.un.org/pages/ViewDetailsIII.aspx?&src=TREATY&mtdsg_no=XXIII~1&chapter=23&Temp=mtdsg3&lang=en > accessed 4 Jan 2015

Journal Articles

Greenwood Christopher, “International Humanitarian Law and Tardic Case” (1996) 7 EJIL 265, 283

Websites

“Rome Statute of the International Criminal Court “< http://www.preventgenocide.org/law/icc/statute/part-a.htm#1 > accessed 4 Jan 2015

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preview essay on Other topic
  • Pages: 9 (2250 words)
  • Document Type: Coursework
  • Subject: Law
  • Level: Undergraduate
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