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  • Cyberwarfare Debate — When Might Cyber Operations Constitute Crimes . . .
    To What Extent and Under What Conditions Might Cyber Operations or Cyberwarfare Constitute Crimes Specified in the Rome Statute? Some advisers, including myself, took the position that only cyber operations resulting in loss of, or injury to, human life would reach the level of a “manifest” violation Others maintained that cyber operations with large-scale physical destruction might also
  • Guidelines | International Criminal Court Forum
    Additional Protocol I Additional Protocol II For subsequent references to the same statute, use the shortcode followed by id or supra as appropriate If the first reference to the Rome Statute is n 1, for example, and, if at n 12, you wish to cite again to the Rome Statute with a pincite to Article 12, use: Rome Statute, supra note 1, at Art 12
  • Gravity Debate — Which are the Most Important Cases that the ICC Should . . .
    First, the Rome Statute tells us the types of cases over which the ICC can and cannot exercise jurisdiction Article 11, for example, tells us that the ICC has jurisdiction only over crimes committed after the Rome Statute entered into force More fundamentally, Article 5 tells us that the ICC has jurisdiction only over four specific types of
  • A Single Comment — Permalink | International Criminal Court Forum
    10 Rome Statute of the International Criminal Court, Adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Jul 17, 1998, UN Doc A CONF 183 9, as amended [hereinafter Rome Statute], Art 55, available online ↩ 11 Id Art 21 (3) ↩ 12
  • Superior Responsibility Debate — Does the Bemba Appeal Judgment Change . . .
    This prosecution relied on Article 28 of the Rome Statute that provides for criminal responsibility for the military commanders and others with superior responsibility over those who commit crimes within the jurisdiction of the Court
  • Background Materials — Cyberwarfare - International Criminal Court Forum
    Available online Libsker-Hazut notes the fundamental difficulty and limitation that Article 30 of the Rome Statute imposes on the applicability of international law to cyberspace Article 30 requires that there must be a mental element—a “guilty mind”—for criminal liability to attach
  • A Single Comment — Permalink | International Criminal Court Forum
    In 2010, at the Review Conference of the Rome Statute in Kampala, Uganda, amendments were added to the Rome Statute giving it jurisdiction over crimes of aggression 1 The crime of aggression, although limited to only state parties to the Rome Statute, includes a wide range of actions that could constitute criminal liability, including military
  • A Single Comment — Permalink | International Criminal Court Forum
    After Bemba: Article 28 of the Rome Statute and the Requirement of Causation I Introduction On June 6, 2018, the Appeals Chamber of the International Criminal Court (ICC) overturned the conviction of Jean-Pierre Bemba Gombo on the charges of crimes against humanity and war crimes in a split decision


















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