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another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military

court’, is the essential element. In a first stage, the parties exchange written pleadings (Memorial by the applicant, Counter-Memorial by the respondent; in some cases followed by a

aider or abettor need only be aware of the ‘essential elements’ of the crime and that his or her conduct assists that crime. 52 Even in the case of a crime of specific intent, such as genocide

See the Hein case, Annual Digest and Reports of Public International Law Cases 1919–22, Case No 148, p 216; Canevaro case (1912) 11 RIAA 397. 62 Salem case (1932) 2 RIAA

social, and cultural context can be found in ICTR cases such as Semanza , 38 Kayishema and Ruzindana , 39 and Rutaganda. 40 These cases involved a mixed approach based on subjective

for a case to be the ‘same case’ it must involve the same person and substantially the same conduct; and this will be determined on a case-by-case basis by the Court. 41 Where, at

in which case it is part of jurisdiction to enforce. Finally, we need to distinguish between ● civil jurisdiction; and ● criminal jurisdiction. Civil cases concern the

provided a case presents a legal issue, they are not prevented from deciding it merely because it also has political elements. 48 It is easy to see that such an attitude is essential if

Joined Cases 402/05 and 415/05 [2008] ECR I-6351, paras 280–330. See Denza, 2013 , pp 185–7. 81 See Gisti case, Conseil d’Etat, 29 June 1990, 111 ILR 499; Agyepong case, Conseil

especially North Sea Continental Shelf Case, ICJ Reports 1969 , p 3; Nicaragua Case, ICJ Reports 1986 , p 14; Libya/Malta Continental Shelf Case, ICJ Reports 1985 , p 14. 32 The co

imposed counsel (this occurred, for example, in the Milošević and Karadzić cases). 15 In the Milošević case, in particular, the imposition of counsel followed from the disruptive and

law, and by reference to decisions of international tribunals, Bowett has stated the essentials of estoppel to be: (1) an unambiguous statement of fact; (2) which is voluntary, unc

correctly considered certain aspects of the defence case, in particular alibi evidence. What were the defendant’s essential ground(s) of appeal? Mr Zigiranyirazo argued that

the only way for the State to safeguard an essential interest against a grave and imminent peril; and … does not seriously impair an essential interest of the State or States towards which

This would still have been the case even if Czechoslovakia, by the time of the purported termination, had violated a provision essential to the accomplishment of the object or

is complemented, in the case of injury suffered by nationals, by the rule, enunciated by the Permanent Court in Mavrommatis , that ‘[b]y taking up the case of one of its subjects and

v Blaskić , Judgment, Case No IT-95–14-T, Trial Chamber (3 March 2000); 110 ILR 609. However, see also the case of Prosecutor v Krstić , Judgment, Case No IT-98–33-A, Appeals Chamber

by the ITLOS in the Myanmar/Bangladesh case, 88 by the ICJ in the Nicaragua v Colombia case, 89 by the ICJ in the Peru v Chile case, 90 and by the Tribunal in the Bangladesh

serious to be regarded as imperilling an ‘essential interest’ and the situation did not involve a ‘grave and imminent peril’; in any case, it has been held that the measures adopted

of the local remedies rule if the use of these means of procedure is essential to establish the claimant’s case before the municipal courts. 138 The test appears to be that an effective