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13. Defences or grounds for excluding criminal responsibility  

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

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19. The International Court of Justice  

Hugh Thirlway

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

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12. Modes of participation in crimes and concurrence of crimes  

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

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15. Issues of Admissibility and the Law on International Responsibility  

Phoebe Okowa

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

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10. Genocide  

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

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4. Jurisdiction and structure of international criminal courts and tribunals  

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

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2. Principles of State jurisdiction  

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

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18. The Means of Dispute Settlement  

John Merrills

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

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13. The Relationship between International and National Law  

Eileen Denza

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

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5. Soft Law in International Law-Making  

Alan Boyle

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

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5. Investigations, prosecutions, evidence, and procedure  

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

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18. Unilateral acts, acquiescence, and estoppel  

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

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6. Fair trial rights, appeals, and revision and enforcement of sentences  

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

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25. The conditions for international responsibility  

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

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6. The Practical Working of the Law of Treaties  

Malgosia Fitzmaurice

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

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26. Consequences of an internationally wrongful act  

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

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12. Immunities Enjoyed by Officials of States and International Organizations  

Chanaka Wickremasinghe

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

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21. The Law of the Sea  

Malcolm D Evans

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

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14. The Character and Forms of International Responsibility  

James Crawford and Simon Olleson

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

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8. War crimes  

that required by customary international law. Neither the Tadić case (as quoted above) nor the ICC Statute or case law require control over territory. 45 Indeed, in modern ‘asymmetric’