Prep tutorial 5 - lecture notes preparation and reading PDF

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Summary

lecture notes preparation and reading...

Description

War Crimes and Aggression Essential Reading Cryer et al, chapter 12 & 13 And Article 8 of the Rome Statute and articles 48 to 58 of Additional Protocol I 1977, available at http://www.icrc.org/ihl.nsf/full/470?opendocument Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia available at http://www.icty.org/x/file/Press/nato061300.pdf (especially par. 28-79, and make sure you look at the specific incidents discussed)

Questions

1. What are the contextual elements for war crimes? Why are they necessary in ‘elevating’ an act into an international crime?

2. How do you think the law of war crimes relates to crimes against humanity and genocide?

3. What are the main principles of the law of armed conflict? Is any violation of the law of armed conflict a war crime?

4. Does it matter to the law of war crimes whether an act was committed during an international or non-international armed conflict? Should it matter?

5. Do you agree with the findings of the ICTY in the Report on the NATO bombing campaign in Yugoslavia? Discuss specifically: a. The Attack on a Civilian Passenger Train at the Grdelica Gorge on 12/4/99 b. The Attack on the Djakovica Convoy on 14/4/99 c. The Attack on the RTS (Serbian Radio and TV Station) in Belgrade on 23/4/99

6. Can Tony Blair be prosecuted for committing the crime of

Aggression with the invasion of Iraq? What about Donald Trump for using force in Syria (https://www.bbc.co.uk/news/world-middleeast-43762251)?

7. What

are the principle legal and political barriers to the prosecution of the crime of aggression at the International Criminal Court?...