Examples of using Statute itself in English and their translations into Arabic
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Ecclesiastic
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While some delegations felt that the statute itself should provide the applicable law by elaborating or incorporating the relevant conventional
Under section B(o) on weapons, she preferred option 3 but would be willing to work on the basis of option 1 if the words“inherently indiscriminate” were added in the chapeau, and if the wording from the draft Statute itself were incorporated in subparagraph(vi).
covered under the statute, and that the results should be explicitly laid down in the statute itself.
Other representatives, while recognizing the special importance of rules of evidence in a criminal trial, questioned the advisability of including such rules in the statute itself but agreed that the rules laid down in article 41,
for determining whether such rules should be elaborated in conjunction with the statute itself.
that all general elements of crimes and the basic principles of liability and defence should be elaborated by States and laid down in the statute itself, or in an annex thereto which would have the same legal value as the statute. .
FICSA did not share the view of the Chairman in his assurance to the Fifth Committee that the statute itself provided for changes and therefore they could be considered; in fact, FICSA had decided to participate in the Working Group on the basis of its proposals for change, some of which required changes to the statute. .
Speaking in the abstract, there should be no doubt as to the lawfulness of an arrest, on the one hand, because double charges normally will have been lodged against the accused and, on the other hand, because, in addition to the unilateral rules of international competence, there is a rule governing competence in this regard deriving from the Statute itself.
With respect to paragraph 2(a) he considered that, if the proposed preparatory commission was entrusted with drafting the Rules of Procedure and Evidence or“elements of offences”, those texts should be completed and enter into force along with the Statute itself, in which case the Assembly would not need to adopt them.
The Appeals Chamber considered that there were no provisions or principles of the Statute of the International Tribunal which justified a departure from this well-established rule of international law and concluded that, both under general international law and the Statute itself, judges or a trial chamber could not address binding orders to State officials.
chapters of its Statute, while emphasizing in paragraph 9 that not all the points it had highlighted referred to the Statute itself, nor would they all require amendments to it.
Regarding the general principles of criminal law, his Government agreed with the widely held view that the fundamental rules of criminal law applicable to criminal acts prosecuted under the draft statute should be stated clearly in the statute itself in accordance with the principle of nullum crimen sine lege, nulla poena sine lege.
Another view was that the Statute itself should contain only the general principles, leaving the implementation
Secondly, discussion was needed on the drafting and scope of article Y reading:“Without prejudice to the applications of the provisions of this Statute, nothing in this part of the Statute shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law.” Lastly, there remained the question of the need to elaborate“elements of crimes” and of their relationship with the Statute itself.
durable solutions for refugees; and noting that a solutions orientation is inherent in General Assembly resolution 428(V) of 14 December 1950 adopting the Statute of the Office of the United Nations High Commissioner for Refugees, in the Statute itself, and in the 1951 Convention through its provisions on cessation, integration and naturalization.
While, generally speaking, the International Law Commission was justified in finding it difficult to impose an equivalent obligation on States parties for crimes under international law in articles 20(b) to 20(d) in the absence of a secure jurisdictional basis or a widely accepted extradition regime, it should be noted that the basis of the aut dedere aut judicare obligation was not the treaties referred to in article 20(e), but article 54 of the statute itself.
It was noted that while, generally speaking, the International Law Commission was justified in finding it difficult to impose an equivalent obligation on States parties for crimes under international law in articles 20, subparagraphs(b) to(d), in the absence of a secure jurisdictional basis or a widely accepted extradition regime, the basis of the aut dedere aut judicare obligation was not the treaties referred to in article 20, subparagraph(e), but article 54 of the statute itself.
The statute itself.
It was further suggested that the general principles and substantive questions should be dealt in the Statute itself.
s jurisdiction in respect of genocide should therefore be the statute itself rather than the Convention.