Genocide, Crimes against Humanity, War Crimes

Machteld Boot
Human Rights Research Series
book | published | 1st edition
January 2002 | xlix + 708 pp.

€66.50 €95.-

ISBN 9789050952163

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In the summer of 1998, the Diplomatic Conference in Rome adopted the Statute of the International Criminal Court. Once in force, the Court is to try individuals suspected of genocide, crimes against humanity, and war crimes. The Statute contains elaborate definitions of these crimes, often referred to as gross human rights violations or violations of international humanitarian law.

This study aims to assess the subject matter jurisdiction of the International Criminal Court and to explore the borderlines of judicial interpretation. In due course, the definitions of the crimes included in the Rome Statute are to be interpreted by the Court on the basis of a Statutory provision containing a principle fundamental to most national criminal laws: nullum crimen sine lege. However, does this principle apply in international law in the same way as it does in national laws? And how should the Court deal with this principle in view of the character of the crimes concerned?
This study tries to provide an answer to all these questions.

Awarded with the Max van der Stoel Human Rights Award 2002
“The jury was deeply impressed by the book and admires the profoundity with which Machteld Boot has dealt with her subject...the jury considers Machteld Boot’s book to be a very important work...The work is very thorough...The book is so good that words like however and a pity really have no business here...The work is an excellent reference book, could easily serve as a handbook...”

Table of Contents

Table of Contents (p. 0)

Part I. Introduction

Introduction (p. 1)

Chapter 1. The Rome Statute of the International Criminal Court (p. 29)


Introduction (p. 75)

Chapter 1. Nullum Crimen Sine Lege in National Law (p. 81)

Chapter 2. International Human Rights Standards (p. 127)

Chapter 3. War Crimes Trials Conducted after the Second World War (p. 179)

Chapter 4. The Ad Hoc International Criminal Tribunals for the Former Yugoslavia and for Rwanda (p. 223)

Chapter 5. Discussion on Establishing a Permanent International Criminal Court (p. 309)

Chapter 6. The Rome Statute (p. 365)


Introduction (p. 397)

Chapter 1. Genocide (p. 401)

Chapter 2. Crimes Against Humanity (p. 455)

Chapter 3. War Crimes (p. 537)

Conclusions (p. 609)

Summary (p. 633)

Nederlandse samenvatting (p. 647)

Bibliography (p. 661)

Index (p. 695)

Curriculum Vitae (p. 705)

School of Human Rights Research Series (p. 707)

Open access content

Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.

Table of Contents (p. 0)
Summary (p. 633)
Nederlandse samenvatting (p. 647)
Bibliography (p. 661)
Index (p. 695)
Curriculum Vitae (p. 705)
School of Human Rights Research Series (p. 707)

About the series:

Human Rights Research Series

The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.

The Series is published together with the world famous Netherlands Network for Human Rights Research (formerly School of Human Rights Research), a joint effort by human rights researchers in the Netherlands.

Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).

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