Relevant bibliographies by topics / Rome Statute

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Rome Statute'

Author: Grafiati
Published: 4 June 2021
Last updated: 25 January 2025

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Journal articles on the topic "Rome Statute"

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Huda, Nurul. "STATUS PENYELENGGARAAN PERADILAN HAM DI INDONESIA BERBASIS HUKUM INTERNASIONAL." Masalah-Masalah Hukum 44, no. 4 (October 28, 2015): 473. http://dx.doi.org/10.14710/mmh.44.4.2015.473-483.

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The era of respect for Human Rights (HAM) in Indonesia was marked by the issuance of regulatory/legal instruments both in the state constitutional amendment after amendment and legislation in the form of legislation include Act No. 26 of 2000 on Human Rights Court which is substantially oriented the Rome Statute. Apparently, Act No. 26 of 2000 is a product of the criminal policy "compromise models" because on one hand there is a setting which adopted the Rome Statute and on the other hand found a variety of different conditions deviate and with the statute. Though International legal instruments is one of the sources of law are important to the national legal systemEra penghormatan terhadap Hak Asasi Manusia (HAM) di Indonesia ditandai oleh disyahkannya regulasi / instrument hukum baik di dalam amandemen konstitusi negara maupun perundangan dalam bentuk undang-undang diantaranya adalah Undang-Undang nomor: 26 tahun 2000 tentang Pengadilan Hak Asasi Manusia yang substansinya berkiblat pada Statuta Roma. Nampaknya UU nomor 26 tahun 2000 merupakan produk kebijakan criminal “model kompromi” sebab di satu sisi terdapat pengaturan yang mengadopsi pada Statuta Roma dan pada sisi lain ditemukan berbagai ketentuan yang menyimpang dan berbeda dengan statute tersebut. Padahal instrument hukum internasional merupakan salah satu sumber hukum yang penting bagi system hukum nasional
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Robinson, Darryl. "Defining “Crimes Against Humanity” at the Rome Conference." American Journal of International Law 93, no. 1 (January 1999): 43–57. http://dx.doi.org/10.2307/2997955.

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On July 17, 1998, the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (Rome Conference) adopted the Rome Statute of the International Criminal Court (ICC). One of the many significant provisions of the ICC statute is Article 7, which defines “crimes against humanity” for the purpose of the ICC. A significant difference between the definition in the ICC statute and the major precedents on crimes against humanity is that the former definition was not imposed by victors (as were those in the Nuremberg and Tokyo Charters) or by the Security Council (as were those in the Statutes of the Yugoslavia and Rwanda Tribunals). In contrast, Article 7 was developed through multilateral negotiations involving 160 states. For this reason, one could reasonably expect Article 7 to be more detailed than previous definitions, given the interest of participating states in knowing the precise contours of the corresponding obligations they would be undertaking. For the same reason, one might expect the definition to be more restrictive than previous definitions. Fortunately, although the definition in the ICC statute is more detailed than previous definitions, it generally seems to reflect most of the positive developments identified in recent authorities. For example, the definition does not require any nexus to armed conflict, does not require proof of a discriminatory motive, and recognizes the crime of apartheid and enforced disappearance as inhumane acts.
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Nemane, Vivek V., and Indraneel D. Gunjal. "Article 124 of the Rome Statute of the International Criminal Court: ‘Transitional Provision’ or ‘The Right to (Convenient) Opt-out’." International Criminal Law Review 15, no. 5 (June 27, 2015): 949–69. http://dx.doi.org/10.1163/15718123-01505004.

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Article 123 of the Rome Statute of the International Criminal Court provides for a Review Conference to consider any amendments to the statute. Amendments proposed and forwarded by the Assembly of State Parties (asp) were considered during the first Review Conference held at Kampala in 2010. Out of the three potential amendments to the Rome Statute, a proposal to delete Article 124 of the Statute failed. This article evaluates the consistency between contents and objectives of the Rome Statute with reference to a dichotomy which has been emerged after the first Review Conference due to the retention of Article 124. The article questions the basis of the retention of Article 124, and argues that the ‘opt-out provision’ enshrined in Article 124 should be deleted from the Rome Statute during the fourteenth session of the asp in 2015.
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Rehman, Naveed-ur, Amir Mahmood Chaudhry, and Farooq Umair Niazi. "Pakistan's Reservations on The Rome Statute: A Critical Analysis from Legal and Political Perspectives." Research Journal for Societal Issues 6, no. 2 (June 30, 2024): 592–604. http://dx.doi.org/10.56976/rjsi.v6i2.244.

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Pakistan has ratified seven out of nine significant international conventions on human rights. The country strongly supported the establishment of the International Criminal Court and voted in favour of the Rome Statute. However, the country has not ratified the Rome Statute and has expressed its reservations, which inter alia, include more immunity for the head of state, jurisdictional triggers initiated by the UN Security Council, and the doctrine of command responsibility. These reservations are considered a compromise on the state's sovereignty and jurisdiction. This article critically analyzes the reasons why Pakistan did not ratify the Rome Statute. The article further explores the country’s legislative framework embedded in the Constitution that enables it to ratify international treaties, the role of the Parliament, and the Ratification of International Treaties Act, 2013, which formalizes the procedure and grounds for ratification or non-ratification of international treaties. This study also critically examines the political and legal implications of non-ratification of the Rome Statute. The ratification of the Rome Statute by Pakistan may significantly impact the country's good ties with other nations, military and government relations, the country’s GSP Plus status, and domestic legislation following Islamic injunctions. The result of this study suggests that the country must adopt a balanced approach to ratifying the Rome Statute while considering the crucial aspects of state sovereignty, and carefully considering the legal, political, and strategic perspectives involved in such ratification
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Abdul Ghafur Hamid@ Khin Maung Sein. "INCORPORATING THE ROME STATUTE INTO NATIONAL LAW: LESSONS FOR MALAYSIA." IIUM Law Journal 31, no. 2 (December 11, 2023): 97–126. http://dx.doi.org/10.31436/iiumlj.v31i2.895.

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Although the former Malaysian government, due to political pressure, decided not to proceed with accession to the Rome Statute, this is not the end of the game. To join the Rome Statute had been in principle accepted by preceding governments and has been the ardent hope of the civil society. How to incorporate the Rome Statute into the Malaysian legal system has been deliberated among the Malaysian government (including the Attorney General’s Chambers and the Ministry of Foreign Affairs), Malaysian Parliamentarians, and civil society since a long time ago. As adopting the Rome Statute is in the best interest of humanity as a whole, the idea will definitely revive at any time in the future when the political climate is favourable. The objectives of the present paper, therefore, are to rebut the main objections against the Rome Statute and to identify the best way of incorporating the Rome Statute into the Malaysian law once Malaysia decides to accede to it. This is a doctrinal legal research supplemented by a comparative methodology, focusing on an analysis of key provisions of the Rome Statute and the Malaysian laws that could be affected, and a comparison between the practices of selected dualist and monist countries. The paper finds that Malaysia, as a dualist State, should opt for applying the single comprehensive enactment modality rather than the multiple one. It is in the best interest of Malaysia for clarity and effectiveness purposes. It concludes with recommendations for the proposed draft implementing legislation, together with suggestions for consequential amendments.
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Satrio Purnomo, Anandy. "THE URGENCY TO INCLUDE GENDER AS PROTECTED GROUP UNDER THE CRIME OF GENOCIDE." Padjadjaran Journal of International Law 4, no. 1 (January 31, 2020): 79–93. http://dx.doi.org/10.23920/pjil.v4i1.344.

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Abstract This research will discuss exigence to assign gender as protected groups in Genocide under Rome Statute which contains about gender (indeed third gender) selective mass killing. This research is inspired from the allegation of selective mass killing to gender in Nanjing, China, India, and Indonesia which begs protection from crime of genocide. This research method used is the juridical normative approach method. The research is conducted by analyzing the data gained from library studies and international conventions related to International Criminal Law. The specification of research is done by describing the related legislations associated with the legal theory and practice of implementing an object of research. The result of this research shows that the gender has similar characteristics exclusive groups as the protected groups under article 6 Rome Statute. What the result of that based on article 9 Rome Statute, amendment protected group is possible to do. Keywords: Gender, Genocide, International Criminal Court Abstrak Penelitian ini akan membahas urgensi untuk menambahkan gender sebagai kelompok yang dilindungi dalam kejahatan genosida yang diatur di bawah ketentuan Statuta Roma terkait pembantaian berpreferensi gender (termasuk gender ketiga). Penelitian ini terinspirasi dari adanya dugaan pembantaian selektif gender di Nanking, Tiongkok, India, bahkan Indonesia yang membutuhkan perlindungan dari ketentuan genosida. Metode penelitian yang digunakan adalah yuridis normatif. Penelitian dilakukan dengan menganalisis data yang diperoleh dari studi kepustakaan dan studi peraturan konvensi internasional yang berkaitan dengan Hukum Pidana Internasional. Penelitian menggunakan spesifikasi penelitian deskriptif analitis yaitu menggambarkan peraturan yang dikaitkan dengan teori hukum dan praktek pelaksanaan suatu objek penelitian. Hasil dari penelitian menunjukan bahwa gender memiliki karakteristik yang sama dengan kelompok yang dilindungi dalam kejahatan genosida. Sehingga sesuai dengan Pasal 9 Statuta Roma amandemen terhadap kelompok yang dilindungi dalam kejahatan genosida dimungkinkan untuk dilakukan. Kata Kunci: Gender, Genosida, Mahkamah Peradilan Pidana
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Mohd Hassan, Fareed, and Mohd Hazmi Bin Mohd Rusli. "Malaysia and the Rome Statute of the International Criminal Court." Brawijaya Law Journal 9, no. 1 (April 30, 2022): 76–89. http://dx.doi.org/10.21776/ub.blj.2022.009.01.06.

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Through its founding treaty, the Rome Statute, the establishment of the International Criminal Court (ICC) has received support and opposition from many countries. Despite working toward universal ratification or accession to the Rome Statute, Signatories and State Parties to the Rome Statute have decided not to ratify and withdraw from being Member States due to, among other reasons, the issue of immunity and criminal responsibility of the Head of State, which are not in line with their respective Constitution, particularly by Malaysia. As such, this study analyzes the position of immunity of the Head of State as well as the criminal responsibility of a military commander under international law, particularly under the Rome Statute and the Malaysian Constitution. Based on doctrinal analysis, this study argues that the Yang di-Pertuan Agong, as the Malaysian Head of State and the Commander-in-Chief of the Malaysian Armed Forces, has immunity before the national court and, thus, will be highly exposed to ICC jurisdiction because the complementary principle under the Rome Statute cannot be implemented. This study concludes that being a part of the ICC Membership is untimely for Malaysia without the reconciliation of these contradictions.
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Kahimba, Nicksoni Filbert, Cecilia Edward Ngaiza, and Boaz John Mabula. "Domestic Prosecution of International Crimes in Tanzania: The State of the Law." Eastern Africa Law Review 47, no. 2 (December 31, 2020): 106–37. http://dx.doi.org/10.56279/ealr.v47i2.4.

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This article examines Tanzania’s ability to domestically prosecute international crimes following its ratification of the Rome Statute. The Article also analyses the possibility of relying on the provisions of customary international law to prosecute these crimes in the absence of domestication of the Rome Statute. The article probes into the reasons for the non-domestication of the Statute, highlights the strengths and weaknesses of the current legal framework to prosecute international crimes, and proffers a set of recommendations for the identified legal flaws. It finds that although Tanzania is a State Party to the Rome Statute, it has not yet domesticated the Statute. Despite the absence of a direct legal obligation to domesticate or nationally incorporate the provisions of the Rome Statute, the articles states that it is fundamental that Tanzania indicates its ability and willingness to prosecute international crimes within its domestic legal framework. While there are two approaches to prosecuting crimes of the Statute at the national level, this article has discussed the effectiveness of Tanzania’s legal framework to prosecute those crimes through the ordinary crimes approach. It contends that while some of the core crimes can be prosecuted domestically and through customary international law, the current domestic legal framework in Tanzania is incapable of prosecuting the Statute’s core crimes effectively in the absence of domestication or adoption of serious legal amendments in the relevant domestic legislation. Keywords: Customary International Law - International Crimes - International Crimes Approach - Ordinary Crimes Approach - Penal Code - Rome Statute
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Piranio, Christopher J. "Introduction: reflections on the Rome Statute." Cambridge Review of International Affairs 24, no. 3 (September 2011): 307–8. http://dx.doi.org/10.1080/09557571.2011.617973.

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Yury Roks. "ARMENIA REFUSES TO RATIFY ROME STATUTE." Current Digest of the Russian Press, The 75, no. 014 (April 9, 2023): 16. http://dx.doi.org/10.21557/dsp.85684672.

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Dissertations / Theses on the topic "Rome Statute"

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Bogan, Sean Anthony. "Defences to crimes under the Rome Statute of the International Criminal Court." Thesis, University of Edinburgh, 2005. http://hdl.handle.net/1842/25230.

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The topic of defences to crimes under international law has been described as the “most confused and contentious area of international criminal law” (M. Lippman, “Conundrums of Armed Conflict: Criminal Defenses to Violations of the Humanitarian Law of War”, (1996) 15 Dickinson Journal of International Law 1, pp. 1-2). While the Rome Statute of the International criminal Court offers, for the first time in the history of conventional international criminal law, a codification of available defences, this codification is only partial. Defences not enumerated within the Rome Statute may still be considered by the International Criminal Court where they derive from a defined set of “applicable law”. It is the purpose of this thesis to assist in the process of arriving at a comprehensive understanding of which defences may be raised and relied upon by defendants appearing before the International Criminal Court. This thesis seeks to assist in that process through two means. In Part One, this thesis examines the principal norms which govern the application and interpretation of law under the Rome Statue of the International Criminal Court in so far as they are relevant to determining the admissibility and content of defences to crimes under the Statute. Part One examines: (1) The “applicable law” of the Rome Statute. Defences not enumerated within the Statute must derive from the “applicable law”, as defined in Article 21 of the statute, in order to be considered by the International Criminal Court. Therefore, a comprehensive understanding of which defences may be considered by the Court can only follow from an understanding of precisely which sources of law belong to the “applicable law” in Article 21 of the Statute. This thesis examines whether the “applicable law” of the Statute includes the entire corpus  of general international law, and which, if any, treaties, considered qua treaty law, are included; (2) The principle nullum crimen sine lege. This principle incorporates both rules of application and interpretation. It is argued that the principle (which is incorporated, inter alia, in Article 22 of the Rome Statute) is applicable to defences, and entails certain corollaries including a prohibition on the ex post facto repeal of pre-existing defences and a prohibition on the narrow construction of such defences contrary to the interests of defendants; (3) The extent of permissible judicial discretion under the Rome Statute.  Where a defence, not enumerated within the Rome Statute, derives nevertheless from the “applicable law” of the Statue and upon its proper interpretation would operate to exculpate the defendant, there is a question as to whether the International Criminal Court must admit that defence, or whether the admissibility of the defence is only discretionary, Article 31(3) of the Rome Statute states merely that the International Criminal Court “may” consider defences not enumerated within the Statute, a provision which is ostensibly discretionary. This thesis argues that the power of the International Criminal Court to consider and apply non-enumerated defences is not discretionary, but rather is a power to be exercised de jure. Where certain preconditions are met, the International Criminal Court must admit the relevant defence. This conclusion follows not merely from the principle nullum crimen sine lege, but also from the ordinary rules of construction of treaties as located in the Vienna Convention on the Law of Treaties. Part Two of this thesis examines these rules of application and interpretation in concreto in the context of one particularly controversial defence, the defence of belligerent reprisals. Part Two incorporates an in-depth examination of the status of the defence under customary and conventional international law. Many of the arguments located in academic writings and (in obiter) in case law, seeking to deny the admissibility of the defence in certain or all circumstances, are juridically weak and, in some cases, inconsistent with the principle nullum crimen sine lege. This thesis concludes, however, that at least one of these arguments (positing a prohibition on the right to engage reprisals against persons and objects protected under the Geneva conventions of 1949 and Protocol I Additional to the Geneva Conventions of 1977, on the basis of an obligation on parties to those conventions to respect the conventions “in all circumstances”) while juridically weak, nevertheless is not violative of the principle nullum crimen sine lege  and may therefore be relied upon by the International Criminal Court, consistently with the rules of interpretation and application of the Rome Statute, as a basis for denying the defence of reprisals.
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Belay, Markos Debebe. "Scrutinising the modes of responsibility under the Rome statute : settling the dust." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5165.

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Kamunde, Nelly Gacheri. "Drawing the borderlines: truth justice and reconciliation mechanisms/amnesties and the Rome Statute." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2849_1363357271.

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McCarthy, Conor. "Reparations and victim support under the Rome Statute of the International Criminal Court." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609112.

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Huong, Pham Thi Thu. "A Changing Notion of Complementarity under the Rome Statute of the International Criminal Court." 名古屋大学大学院法学研究科, 2012. http://hdl.handle.net/2237/16936.

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Tawaifi, Alexandra. "ICC and ISIS : An Examination of the Rome Statute Regarding Individuals Operating under ISIS." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-61207.

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Gashi, Ermal. "International Criminal Court : A mechanism of enforcing Internaional Law." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-44472.

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Aceng, Judith Christabella. "Progress and challenges of implementing the Rome statute of the international criminal court in Uganda." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/3799.

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Magister Legum - LLM
The aim of this study is the coming into force of the Rome Statute of the International Criminal Court was a thriving success for the international community insofar as that it contributed greatly to international criminal law jurisprudence. The Rome Statute establishes the International Criminal Court and confers upon the ICC jurisdiction over the international crimes namely: the crime of genocide; crimes against humanity; war crimes and the crime of aggression
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Collins, Emma. "Admissibility in the Rome Statute of the International Criminal Court : issues of interpretation and application." Thesis, University of Oxford, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543699.

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Byron, Christine Jane. "War crimes and crimes against humanity in the Rome Statute of the International Criminal Court." Thesis, University of Liverpool, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.400404.

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Books on the topic "Rome Statute"

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Affairs, Great Britain Parliament House of Commons Secretary of State for Foreign and Commonwealth. Rome statute of the International Criminal Court, Rome, 17 July 1998. London: Stationery Office, 2002.

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Schabas, William. The International Criminal Court: A commentary on the Rome Statute. Oxford: Oxford University Press, 2010.

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Antonio, Cassese, Gaeta Paola, and Jones, John R. W. D., 1967-, eds. The Rome Statute of the International Criminal Court: A commentary. Oxford: Oxford University Press, 2002.

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Mauro, Politi, and Nesi Giuseppe, eds. The Rome Statute of the International Criminal Court: A challenge to impunity. Aldershot, Hants, England: Ashgate, 2001.

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Lattanzi, Flavia, and William Schabas, eds. Essays on the Rome Statute of the International Criminal Court: Volume I. Fagnano Alto: il Sirente, 1999.

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Janjac, Kristina. The mental element in the Rome Statute of the International Criminal Court. Oisterwijk, The Netherlands: Wolf Legal Publishers, 2013.

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Unegbu, M. O. From Nuremberg charter to Rome statute: Judicial enforcement of international humanitarian law. Enugu: Snaap Press Ltd, 2015.

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Schabas, Flavia Lattanzi William, ed. Essays on the Rome Statute of the International Criminal Court: Volume II. Fagnano Alto: il Sirente, 2004.

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Lee, Roy S. K., 1938-, Project on International Courts and Tribunals., and United Nations Institute for Training and Research., eds. The International Criminal Court: The making of the Rome Statute--issues, negotiations, results. The Hague: Kluwer Law International, 1999.

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Olásolo, Héctor. Unlawful attacks in combat situations: From the ICTY's case law to the Rome Statute. Leiden: Martinus Nijhoff Publishers, 2008.

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Book chapters on the topic "Rome Statute"

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Hoag, Robert W. "Rome Statute of 1998." In Encyclopedia of Global Justice, 962. Dordrecht: Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-1-4020-9160-5_650.

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Struett, Michael J. "Building the Rome Statute: 1998." In The Politics of Constructing the International Criminal Court, 109–29. New York: Palgrave Macmillan US, 2008. http://dx.doi.org/10.1057/9780230612419_6.

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Suhr, Valérie V. "Interpretation of the Rome Statute." In International Criminal Justice Series, 53–128. The Hague: T.M.C. Asser Press, 2021. http://dx.doi.org/10.1007/978-94-6265-483-9_3.

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Atilano, Tania Ixchel. "Mexico and the Rome Statute." In International Criminal Law in Mexico, 73–100. The Hague: T.M.C. Asser Press, 2021. http://dx.doi.org/10.1007/978-94-6265-455-6_5.

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Taak, Sangeeta. "India and the Rome Statute." In India and the Changing World Order, 117–26. London: Routledge India, 2023. http://dx.doi.org/10.4324/9781003255864-13.

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Safferling, Christoph, and Gurgen Petrossian. "Victims’ Participation Under the Rome Statute." In Victims Before the International Criminal Court, 97–229. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-80177-9_3.

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Heller, Kevin Jon. "Situational Gravity Under the Rome Statute." In Future Perspectives on International Criminal Justice, 227–53. The Hague: T.M.C. Asser Press, 2010. http://dx.doi.org/10.1007/978-90-6704-495-0_10.

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Tommaso, Alessandra De. "The Adoption of the Rome Statute." In Corporate Liability and International Criminal Law, 72–106. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003390534-4.

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Schabas, William A. "Canadian Implementing Legislation for the Rome Statute." In Yearbook of International Humanitarian Law, 337–46. The Hague: T.M.C. Asser Press, 2002. http://dx.doi.org/10.1007/978-90-6704-745-6_12.

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McBride, Julie. "The Rome Statute: Codification of the Crime." In The War Crime of Child Soldier Recruitment, 43–82. The Hague: T.M.C. Asser Press, 2013. http://dx.doi.org/10.1007/978-90-6704-921-4_2.

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Conference papers on the topic "Rome Statute"

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Rostan, F., K. Mak, M. von Alberti, Antonio Bauleo, and Nicolas Gebert. "Rose-L SAR Instrument Development Status and Mission Performance Prediction." In IGARSS 2024 - 2024 IEEE International Geoscience and Remote Sensing Symposium, 6618–20. IEEE, 2024. http://dx.doi.org/10.1109/igarss53475.2024.10642943.

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Sualman, Ismail, and Nuurianti Jalli. "Perception, Knowledge, And Acceptance Of Rome Statute In Malaysia." In Proceedings of the International Conference of Democratisation in Southeast Asia (ICDeSA 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icdesa-19.2019.65.

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Gabrielli, Giulia. "INDIVIDUAL CRIMINAL RESPONSIBILITY OF NON-STATE ACTORS OPERATING IN CYBERSPACE FOR WAR CRIMES UNDER THE ICC STATUTE." In International Scientific Conference on International, EU and Comparative Law Issues “Law in the Age of Modern Technologies”. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/28268.

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Contemporary armed conflict has witnessed an increased employment of digital technologies in the conduct of hostilities. While there is broad consensus on the full applicability of the rules and principles of international humanitarian law (IHL) to the “fifth domain” of warfare, many issues remain debated. More specifically, digital technologies allow a wide range of actors other than States – such as individuals, “hacktivists”, criminal groups, non-State armed groups – to play a role in the hostilities and engage in cyber operations that have the potential of harming civilians or damaging civilian infrastructure and that may amount to serious violations of IHL. Against this backdrop, this paper seeks to examine the legal grounds upon which hostile cyber operations carried out by non-State actors (NSAs) could constitute war crimes, thus entailing their individual criminal responsibility under international law. Hence, the analysis will focus on the applicability of the war crimes provisions of the Rome Statute of the International Criminal Court (ICC) to such operations, with a view to identifying the prerequisites necessary to trigger the ICC’s jurisdiction. To this end, the first part will focus on the increased involvement of NSAs in the conduct of hostilities by cyber means, taking the recent conflict between Russia and Ukraine as a pertinent case study. Subsequently, the paper will explore the conditions necessary for the application of Article 8 of the ICC Statute, with special attention devoted to those aspects that are deemed particularly problematic in light of the participation of NSAs in armed conflict. Finally, the paper seeks to highlight the limits of possible future investigations of cyber conducts possibly amounting to war crimes. These encompass not only issues of admissibility, but also the statutory limits of the Rome Statute when it comes to war crimes provisions applicable to noninternational armed conflicts.
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Béres, Nóra. "Substantial Aspects of the Cooperation Between the International Criminal Court and States Parties of the Rome Statute." In MultiScience - XXXI. microCAD International Multidisciplinary Scientific Conference. University of Miskolc, 2017. http://dx.doi.org/10.26649/musci.2017.111.

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Arief, Eva. "The Implementation of the 1998 Rome Statute in Indonesia’s National Law Through Act Number 26 Year 2000 on Human Rights Courts." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.072.

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Pylypenko, V. P. "LEGISLATION AND PRACTICE OF UKRAINE ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW AND THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT." In LEGAL SUPPORT OF EUROPEAN INTEGRATION: GENERAL LEGAL AND SECTORAL ASPECT. Baltija Publishing, 2024. http://dx.doi.org/10.30525/978-9934-26-424-5-17.

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Fiedosieiev, Volodymyr. "ON LIABILITY FOR THE FAILURE TO RETURN CHILDREN FROM ABROAD UNDER THE PROVISIONS OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT." In RICERCHE SCIENTIFICHE E METODI DELLA LORO REALIZZAZIONE: ESPERIENZA MONDIALE E REALTÀ DOMESTICHE. European Scientific Platform, 2024. https://doi.org/10.36074/logos-15.11.2024.017.

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Vuletić, Igor. "RETHINKING COMMAND RESPONSIBILITY IN THE CONTEXT OF EMERGING AI WEAPONS." In International Scientific Conference on International, EU and Comparative Law Issues “Law in the Age of Modern Technologies”. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/28262.

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This paper addresses the issue of command liability for severe criminal offenses committed by means of autonomous and semi-autonomous weapons. Research has shown that the leading military forces around the world are intensively working on designing autonomous weapons, which will provide them an enormous tactical ad logistical advantage in warfare. As the national and international law concept of command responsibility to date has been based on the idea of humans selecting and ordering the destruction of targets, the author raises the question of whether this has also created a set of legal norms that could adequately regulate such situations in the context of new warfare techniques. The first section of the paper briefly outlines the direction of the development of autonomous weapons. The second section analyzes the provisions on command responsibility of the Rome Statute and the Statute of the ad hoc tribunals for Yugoslavia and Rwanda. The national legislation of some countries and the significant jurisprudence in this field is also analyzed and projected into the context of semi-autonomous and autonomous warfare. A special emphasis is placed on the issue of unconscious negligence. The objective of the paper is to indicate the legal gaps and to propose guidelines for future development.
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Ripley, Burcu Yüksel. "WHEN IS A CRYPTOCURRENCY TRANSFER INTERNATIONAL IN DISTRIBUTED LEDGER TECHNOLOGY-BASED SYSTEMS?" In International Scientific Conference on International, EU and Comparative Law Issues “Law in the Age of Modern Technologies”. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/28263.

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This paper addresses the issue of command liability for severe criminal offenses committed by means of autonomous and semi-autonomous weapons. Research has shown that the leading military forces around the world are intensively working on designing autonomous weapons, which will provide them an enormous tactical ad logistical advantage in warfare. As the national and international law concept of command responsibility to date has been based on the idea of humans selecting and ordering the destruction of targets, the author raises the question of whether this has also created a set of legal norms that could adequately regulate such situations in the context of new warfare techniques. The first section of the paper briefly outlines the direction of the development of autonomous weapons. The second section analyzes the provisions on command responsibility of the Rome Statute and the Statute of the ad hoc tribunals for Yugoslavia and Rwanda. The national legislation of some countries and the significant jurisprudence in this field is also analyzed and projected into the context of semi-autonomous and autonomous warfare. A special emphasis is placed on the issue of unconscious negligence. The objective of the paper is to indicate the legal gaps and to propose guidelines for future development.
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Vlahović, Miloš. "KRIVIČNO DELO GENOCIDA PREMA IZVORIMA MEĐUNARODNOG KRIVIČNOG PRAVA, SA POSEBNIM OSVRTOM NA IZABRANE PRESUDE MEĐUNARODNIH SUDOVA." In Tradicija, krivično i međunarodno krivično pravo. Srpsko udruženje za međunarodno krivično pravo, 2024. http://dx.doi.org/10.46793/tkmkp24.422v.

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The paper analysis the crime of Genocide since the coining of the word genocide, through the definition of genocide based on the Con- vention on the Prevention and Punishment of Genocide (1948) and the Rome Statute. The author points to the loopholes in the Convention itself, as well as the closing of this gap by customary international law. This paper analysis the subjective and objective elements of Genocide, the struggles of proving a Special intent – dolus specialis, defining the term „group“ with special emphasis on the selected customary law. The author discusses the common features and difference of Genocide and Crimes against humanity and an issue of proving of the Special intent (dolus specialis) according to International Court of Justice
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Reports on the topic "Rome Statute"

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Sarafian, Iliana. Key Considerations: Tackling Structural Discrimination and COVID-19 Vaccine Barriers for Roma Communities in Italy. SSHAP, May 2022. http://dx.doi.org/10.19088/sshap.2022.014.

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This brief highlights how structural discrimination and social exclusion shape attitudes to COVID-19 vaccines among Roma communities in Italy, and the role trusted communal and public authorities can play in supporting vaccine uptake and tackling broader exclusions. Contradictions in the Italian state’s response to COVID-19, alongside ongoing forms of exclusion can increase Roma mistrust in state initiatives and prevent vaccine participation. This brief aims to aid and inform local government and public health authorities in Italy that serve populations inclusive of Roma communities. This brief is based on research conducted in-person and remotely from November 2021 to January 2022 with Roma and Sinti communities in Milan, Rome and Catania, Italy, which have distinct historical, linguistic, geographical, religious, and other forms of identification. Similarities in how the different Roma communities experience the COVID-19 pandemic, and in their vaccine decisions were identified. This brief was developed for SSHAP by Iliana Sarafian (LSE) with contributions and reviews from Elizabeth Storer (LSE), Tabitha Hrynick (IDS), Dr Marco Solimene (University of Iceland) and Dijana Pavlovic (Upre Roma). The research was funded through the British Academy COVID-19 Recovery: G7 Fund (COVG7210058). Research was based at the Firoz Lalji Institute for Africa, London School of Economics. The brief is the responsibility of SSHAP.
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McCallum, Bennett. Role of the Minimal State Variable Criterion. Cambridge, MA: National Bureau of Economic Research, March 2000. http://dx.doi.org/10.3386/w7087.

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Cantor, Joel, Alan Monheit, Derek DeLia, and Kristen Lloyd. The Role of Federal and State Dependent Coverage Eligibility Policies on the Health Insurance Status of Young Adults. Cambridge, MA: National Bureau of Economic Research, July 2012. http://dx.doi.org/10.3386/w18254.

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Gold, Ted, and Bob Hermann. The Role and Status of DoD Red Teaming Activiites. Fort Belvoir, VA: Defense Technical Information Center, September 2003. http://dx.doi.org/10.21236/ada417931.

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Andersson, Gunnar, and Kirk Scott. Childbearing dynamics of couples in a universalistic welfare state: the role of labor-market status, country of origin, and gender. Rostock: Max Planck Institute for Demographic Research, April 2007. http://dx.doi.org/10.4054/mpidr-wp-2007-016.

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Vallerani, Sara, Elizabeth Storer, and Costanza Torre. Key Considerations: Equitable Engagement to Promote COVID-19 Vaccine Uptake among Undocumented Urban Migrants. SSHAP, May 2022. http://dx.doi.org/10.19088/sshap.2022.013.

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This brief sets out key considerations linked to the promotion of COVID-19 vaccine uptake among undocumented migrants residing in Rome, Italy. We focus on strategies to equitably distribute COVID-19 vaccines. Evidence from Italy is applicable to other contexts where vaccine administration is tied to “vaccine passports” or “immunity passes”. Undocumented migrants have been considered as some of the “hardest to reach” groups to engage in COVID-19 vaccination outreach. This brief uses the term undocumented migrant or migrant for brevity, but we refer to people living without formal Italian citizenship, refugee status or right to remain in Italy. This brief explores the everyday context of undocumented migrants lives, and how experiences of the COVID-19 pandemic have exacerbated difficult conditions. It links emerging vulnerabilities to perceptions of vaccines, and we suggest that migrants orientate themselves towards the vaccines within frameworks which prioritise economic survival. In many cases, migrants have accepted a COVID-19 vaccine to access paid employment, yet this has often generated mistrust in the state and healthcare system. Accordingly, this brief considers how vaccines can be distributed equitably to boost trust and inclusion in the post-pandemic world. This brief draws primarily on the ethnographic evidence collected through interviews and observations with undocumented migrants in Rome, along with civil society representatives and health workers between December 2021 and January 2022. This brief was developed for SSHAP by Sara Vallerani (Rome Tre University), Elizabeth Storer (LSE) and Costanza Torre (LSE). It was reviewed by Santiago Ripoll (IDS, University of Sussex), with further reviews by Paolo Ruspini (Roma Tre University) and Eloisa Franchi (Université Paris Saclay, Pavia University). The research was funded through the British Academy COVID-19 Recovery: G7 Fund (COVG7210058). Research was based at the Firoz Lalji Institute for Africa, London School of Economics. The brief is the responsibility of SSHAP.
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Gueltzow, Maria, Hannu Lahtinen, Maarten J. Bijlsma, Mikko Myrskylä, and Pekka Martikainen. Genetic susceptibility to depression and the role of partnership status. Rostock: Max Planck Institute for Demographic Research, November 2023. http://dx.doi.org/10.4054/mpidr-wp-2023-049.

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Bayazıt, Mahmut. Individual performance consequences of pay dispersion: the role of status hierarchy. Sabancı University, November 2012. http://dx.doi.org/10.5900/su_som_wp.2012.21138.

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Gong, Yifan, Tyler Skura, Ralph Stinebrickner, and Todd Stinebrickner. Fertility Beliefs and Outcomes: The Role of Relationship Status and Attractiveness. Cambridge, MA: National Bureau of Economic Research, June 2024. http://dx.doi.org/10.3386/w32578.

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Rodríguez Burgos, Ojel L. The Role of Government and the Free Market. Instituto de Libertad Económica, 2023. http://dx.doi.org/10.53095/13582008.

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The free-market system allows the individual to interact freely for the satisfaction of his conception of the good life within the rule of law. The individual as an agent is the main actor within the market; however, private, or public businesses and the State itself also figure as actors in the free market. In this article, we present the three ways in which the State acts in the free market.
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