Netherlands Yearbook of International Law: Volume 32, 2001

ISBN-13: 9789067041553 / Angielski / Twarda / 2002 / 406 str.

Blokker, Niels M.

Opis

The conclusion and adoption of the Statute of a permanent International 2 Criminal Coure (hereafter 'the Statute') in Rome in July 1998 represented a 3 turning point in the enforcement of legal norms regulating armed conflict. The establishment and functioning of the UN International Criminal Tribunals for 4 the former Yugoslavia and Rwanda represented an important first step in this area, and the work of these tribunals will prove of considerable importance to the interpretation and application by the ICC of the body of substantive law that it will apply. However, the separate treaty basis of establishment of the ICC means that it is clearly not part of the UN Organization which consists of the six principal organs specified in Article 7(1) of the Charter and their subsidiary organs. As such there is a very clear distinction in institutional terms between the ICC and the ICTY /lCTR that were both established by the UN Security Council as UN subsidiary organs pursuant to Chapter VII of the Charter. This differing basis of establishment raises the key issue of the nature of the relationship between the ICC and the UN. The provenance of the sources of law and obligation that governs the relationship between the ICC and the UN is twofold. First is the UN - ICC Relationship Agreement;5 while the second is the constituent treaties of the UN and the ICC, the UN Charter and the ICC Statute respectively.

Spis treści

Articles.- Reflections on Lex Ferenda.- Aspects of the Relationship between the International Criminal Court and the United Nations.- The New Draft Articles of the International Law Commission on the Responsibility of States for Internationally Wrongful Acts: A Requiem for States’ Crime?.- Case law notes.- The Crime against Humanity of Persecution in the Jurisprudence of the ICTY.- The Bouterse Case.- Documentation.- Classification Scheme.- Netherlands State Practice for the Parliamentary Year 1999–2000.- Treaties and Other International Agreements to Which the Kingdom of the Netherlands is a Party.- Netherlands Municipal Legislation Involving Questions of Public International Law, 2000.- Netherlands Judicial Decisions Involving Questions of Public International Law, 1999–2000.- Dutch Literature in the Field of Public International Law and Related Matters, 2000.