An Introduction To The International Criminal Court - Institute for ...

Hague Conventions (1899/1907) 2
limitation of protection to
(Nuremberg/Geneva Convention) 53
clemency 166–8
Clinton, W. 21
Code of Crimes Against the Peace and Security
of Mankind 8–10
1954 draft 9, 32
1991 draft 9
1996 draft 10, 102
complicity 102
customary international law and 10
Code of Professional Conduct (Rule 8) 181,
183–4
codification: see Hague Conventions
(1899/1907)
collateral damage 425
Colombia 135, 422
Colozza and Rubinat v. Italy 145
command responsibility (ICC 28) 105–7
civilian responsibility (ICC 28(b))
106–7
customary international law
106–7
evidence, difficulty in obtaining
105–6
failure to prevent 106
Geneva Convention Protocol I 106
knowledge, standard of 106–7, 109
presumption of innocence and 105–6
Commission on Responsibilities (1919) 2–3,
52, 60
common law system
adversarial approach 118, 126, 143
cross-examination 151–2
evidence 150–1
guilty plea 149–50
in absentia hearing 139, 145
silence 153
compellability of witnesses: see witnesses,
compellability
compensation
unlawful arrest or detention (ICC 85(1)) 136:
see also reparation to victims
wrongful conviction (ICC 85(2)) 161
competing requests (ICC 90): see surrender
complicity (ICC 25(3)(c)) 101–2: see also
individual, responsibility (ICC 25)
failure to act 102
conditions of life, imposition 41, 50
Conference on Security and Cooperation in
Europe, ICTY and 11
confidentiality: see also national security
information (ICC 72)
non-disclosure of information obtained
during investigation
(ICC 54(3)(e)) 127
public hearing and (ICC 64(7) and
69(5)) 144
index 461
State’s right to request protective measures
(ICC 68(6)) 144
confinement 52, 58
of pregnant woman 47
confirmation hearing (ICC 61/Rules
121–126) 138–42
in absence of accused (ICC 61(2)) 138–9
adjournment (ICC 61(7)(c)) 140–1
evidence at hearing (ICC 61(5)) 140
defence evidence 140
non-confirmation of charges
(ICC 61(8)) 140
pre-hearing disclosure of charges and
evidence (ICC 61(3)) 139–40
purpose 140
Congo, Democratic Republic of 75–6
consensus
Prosecutor, election 182
Statute
amendments 190, 191
drafting 15, 17, 18, 34–5, 76–7, 101,
109–10, 145, 165, 167
consent as defence 110–11
Elements of Crimes and 111n88
conspiracy (ICC 25(3)(d)) 103–4: see also
individual responsibility (ICC 25)
Convention for the Suppression of Terrorist
Bombings (1997) 103
Genocide Convention (1948) 103
joint criminal enterprise 103–4
knowledge of intention of group 109
mental element 104
continuous crimes (ICC 24) 72
Control Council Law No. 10 6–7
cooperation with Court, obligation (ICC
86) 20, 128: see also arrest; surrender
forms other than arrest and surrender
(ICC 93(1)) 129
Interpol and (ICC 87(1)(b)) 129
investigation (ICC 54(3)(c) and (d)) 127
legislation, need for 129–30
non-compliance (ICC 87(7)) 130
non-State party (ICC 12) 77, 127
procedures under national law, need for
(ICC 88) 128
reciprocity (ICC 93(10)) 129
request
contents (ICC 96(2)) 129
designation of channel
(ICC 87(1)(a)) 128, 423
language (ICC 87(2)) 128–9, 423
refusal on national security grounds
(ICC 72/93(4)) 129
writing, need for (ICC 96(1)) 129
US prohibition on 23
core crimes 16, 17, 29, 73–4, 102–3
corporate responsibility 101
corrections to Statute 24–5, 192
corrupting or bribing officials 66