Elements of War Crimes under the Rome Statute of the International Criminal Court: Sources and Commentary

By Knut DÖrmann; Louise Doswald-Beck et al. | Go to book overview

Index

Note
The index follows closely the structure of the text and should be used in conjunction with the Table of Contents, the Table of Treaties (for references to treaty by article), the Tables of Cases for a full record of citations, and the Bibliography. Headings in the index usually correspond closely to the short title of the war crime in question. There are separate entries for war crimes in international and noninternational armed conflict with no cross-reference between the two unless differences in the short titles are such as to distance the items alphabetically. There is however double cross-referencing from other relevant headings.References to individual cases are included when they are dealt with at some length in the text or play a particularly important role. Otherwise they are dealt with collectively (eg 'post-WW II case law' or omitted from the index). No attempt is made to index the cases themselves other than in relation to the main thread of discussion. For a full record of cited cases, see the Tables of Cases (alphabetical and by jurisdiction).Elements of Crime (EOC), apart from the General Introduction to the EOC (GI(EOC)), are not indexed as such but are treated by reference to the ICC Statute under the relevant subject headings. The absence of any reference to the mental element (mens rea) under a particular crime means there is no relevant case law or other discussion.
'accused', rejection of term 13–14
air warfare
improper use of flag, insignia or uniform of hostile party 203–4
land warfare distinguished 199
appropriation of property.See destruction and appropriation of property in international armed conflict (Art. 8(2)(a)(iv)); destruction and seizure of enemy's property in international armed conflict unless demanded by the necessities of war (Art. 8(2)(b)(xiii)); pillaging in international armed conflict (Art. 8(2)(b)(xvi))
attacks against civilian objects in international armed conflict (8(2)(b)(ii))
AP I provisions 148, 150–2
material elements
'attack' 150–1
ICTY case law 149–52
indiscriminate attack 150
military necessity, relevance 149
'result' requirement 148
mental element (mens rea)
guilty intent and recklessness likenable to serious criminal negligence 152
knowledge of civilian status 151–2
'should have known' requirement 151–2
'wilful' 151–2
PrepCom text 148
travaux préparatoires/Understandings of PrepCom 148
attacks against civilian population or individual civilians in international armed conflict (Art. 8(2)(b)(i)). See also reprisals against the civilian population
material elements
AP I provisions 130, 131, 134–7, 138–45
'attack' 134
biological weapons 288
'civilian population'/'civilian' 135–6

-504-

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