Christine Byron - War Crimes and Crimes Against Humanity in the Rome Statute of the International Criminal Court

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War crimes and crimes against humanity in the Rome Statute of the International Criminal Court

Melland Schill Studies in International Law

Series editor Professor Dominic McGoldrick

The Melland Schill name has a long-established reputation for high standards of scholarship. Each volume in the series addresses major public international law issues and current developments. Many of the Melland Schill volumes have become standard works of reference. Interdisciplinary and accessible, the contributions are vital reading for students, scholars and practitioners of public international law, international organisations, international relations, international politics, international economics and international development.

War crimes and crimes against humanity in the Rome Statute of the International Criminal Court

Christine Byron

Copyright Christine Byron 2009

The right of Christine Byron to be identified as the author of this work has been asserted by her in accordance with the Copyright, Designs and Patents Act 1988.

Published by Manchester University Press
Oxford Road, Manchester M13 9NR, UK
and Room 400, 175 Fifth Avenue, New York,
NY 10010, USA
www.manchesteruniversitypress.co.uk

Distributed in the United States exclusively by
Palgrave Macmillan, 175 Fifth Avenue, New York,
NY 10010, USA

Distributed in Canada exclusively by
UBC Press, University of British Columbia, 2029 West Mall,
Vancouver, BC, Canada V6T 1Z2

British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data applied for

ISBN 978-0-7190-7389-2

First published 2009

18 17 16 15 14 13 12 11 10 09 10 9 8 7 6 5 4 3 2 1

Typeset in 10/12pt Times
by Graphicraft Limited, Hong Kong
Printed in Great Britain
by CPI Antony Rowe Ltd, Chippenham, Wiltshire

In memory of my father
Dr John F. Byron

Contents

General introduction

The international Criminal Court was the first international institution established in the twenty-first century. It embodied the hope that the new century will not be marked by the culture of impunity that characterised the last one. In the nature of criminal courts their substantive jurisdiction has to be very precise. Publication of this book coincides with the appearance of the first defendants before the new court. It provides a critical analysis of the definitions of war crimes and crimes against humanity as construed in the Rome Statute and developed by the Elements of Crimes. It will be an invaluable aid to those involved in proceedings before the Court and before other national, international or internationalised courts that have to apply substantive international criminal law. It will also appeal to those with a more general interest in the limits of international law and the functioning of international institutions.

Dominic McGoldrick

Acknowledgements

As this book is based on my PhD thesis obtained from the University of Liverpool in 2003, I would like to thank my supervisor, Professor Dominic McGoldrick, for his help, advice and friendship, during my time as a postgraduate student. Further, I am grateful for his continuing support, as series editor, to develop my thesis into a research monograph in the Melland Schill studies in international law series. In this respect I would like to thank everyone at Manchester University Press, especially with respect to their flexibility over deadlines.

Whilst preparing this monograph I have been based at the University of Manchester and I am very grateful to my colleagues for their support and to the law library staff at the University for their assistance. I would also like to thank the law library staff at the University of Liverpool, the London School of Economics and the Institute of Advanced Legal Studies. I would especially like to express my appreciation to Professor Rob Cryer who was kind enough to read and comment upon the manuscript at an earlier stage and to Stephie Fehr, a postgraduate student at the University of Manchester, who has been of great help in the final stages of preparation of the manuscript.

Finally, I will always be grateful to my family for their love and support especially my mother and my husband, David Turns.

List of abbreviations

Periodicals
AFLR	Air Force Law Review
Am J Comp L	American Journal of Comparative Law
AJIL	American Journal of International Law
Am U Int LR	American University International Law Review
Am UJ Intl L & Poly	American University Journal of International Law and Policy
Am ULR	American University Law Review
ARIEL	Austrian Review of International and European Law
Ariz J Intl & Comp L	Arizona Journal of International and Comparative Law
Army Lawy	The Army Lawyer
ASIL Proceedings	American Society of International Law Proceedings
Austrian JPIL	Austrian Journal of Public International Law
BCL Rev	Boston College Law Review
BC Third World LJ	Boston College Third World Law Journal
Berkeley J Intl L	Berkeley Journal of International Law
Buff Hum Rts LR	Buffalo Human Rights Law Review
BYIL	British Yearbook of International Law
BYU J Pub L	Brigham Young University Journal of Public Law
Calif West ILJ	California Western International Law Journal
Can YBIL	Canadian Yearbook of International Law
Cardozo JL & Gender	Cardozo Journal of Law and Gender
Cas W Res JIL	Case Western Reserve Journal of International Law
Catholic ULR	Catholic University Law Review
Chi J Intl L	Chicago Journal of International Law
Chi-Kent LR	ChicagoKent Law Review
Chinese J Intl L	Chinese Journal of International Law
Colum Hum Rts L Rev	Columbia Human Rights Law Review
Colum J Transnatl Law	Columbia Journal of Transnational Law
Conn JIL	Connecticut Journal of International Law
Cornell Intl LJ

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