The 'Contextual Elements' of the Crime of Genocide by Nasour Koursami
Author:Nasour Koursami
Language: eng
Format: epub
Publisher: T.M.C. Asser Press, The Hague
93Ibid., Article II(c).
94Ibid., Article II(d).
95Ibid., Article II (the chapeau).
96Robinson 1960, p. 29. It must be noted here that the ICTY and ICTR Statutes were not treaties but instruments. The application of the Vienna Convention is accepted as a method of interpretation. See Prosecutor v Tadić, Decision on the Prosecutor’s Motion Requesting Protective Measures for Victims and Witnesses, 10 August 1995, IT-94-1, para 18; Prosecutor v Kanyabashi, Appeals Chamber Decision, joint and separate opinion of Judge McDonald and Judge Vohrah, 3 June 1999, ICTR-96-15, para 15; Jelisić, Appeals Judgment, 5 July 2001, para 35.
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