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

462 index
counsel of choice: see accused, rights of
(ICC 67)
crimes against humanity: see also individual
crimes
civilians, attack against: see civilians, attack
against (ICC 7)
Elements of Crimes 44, 45
ICC jurisdiction 26, 31
extension of list 46–8
limitation of list 48–9
international armed conflict, nexus
with 6–7, 12, 27, 42–4
customary international law 43–4
ICC 7 43–4
ICTR Statute 43
ICTY Statute 43
Nuremberg Tribunal 42
motive, relevance 45
Nuremberg Charter (1945)/Tribunal 6, 7,
27, 42
plan or policy, relevance 55–6
retroactivity 6, 41, 42
superior orders (ICC 33(2)) 114
TreatyofSèvres (1920) and 4
universal jurisdiction 73–4
widespread or systematic attack, need for: see
widespread or systematic attack, need
for (ICC 7)
crimes against peace 6, 27, 31–2: see also
aggression
Croatia 75–6
Croissant v. Germany 147–8
cross-examination 151–2
cruel treatment 65
customary international law
civilian responsibility 106–7
Code of Crimes Against the Peace and
Security of Mankind and 10
death penalty 163, 165n14
Elements of Crimes and 24, 28
ICC Statute (1998) and 24, 28, 43–4, 50,
60–2, 71, 80–1, 162–3, 428
ICTY and 11, 53
immunity 80–1
interim release 138
international armed conflict, need for 43–4
non-international armed conflict 54
non-State actor 44–5
plan or policy, need for 55–6
privileged evidence 152
statutory limitation (ICC 29) 115–16
torture 50–1
Torture Convention (1984) 50–1
transfer of population by occupying power
(ICC 8(2)(b)(viii)) 61
treaties, signature 191
widespread or systematic attack, need
for 55–6
David, E. 112–13
death penalty 15, 135–6, 162, 165–6
Arab-Islamic support for 16, 165
Caribbean States 165
customary international law 163, 165n14
Ethiopia 165
Lieber Code 1
life imprisonment compared 166
Nigeria 165
Nuremberg Tribunal 6, 163
Rwanda 165
Singapore 165
decision: see judgment
defence bar 183–4
Code of Professional Conduct (Rule 8) 181,
183–4
Registry’s role 184
defence in person (ICC 67(1)(d)) 147–8
amicus curiae and 148
defences (ICC 31, 32 and 33) 110–15: see also
abuse of power/process; alibi; consent as
defence; duress (ICC 31(1)(d));
immunity; intoxication (ICC 31(1)(b));
military necessity; mistake of law or fact
(ICC 32); necessity (ICC 31(1)(d));
reprisals; self-defence (ICC 31(1)(c));
sentencing; superior orders (ICC 33)
tu quoque 111
uncodified 110–11
Delalic: see Celebici
delay 138
Denmark 79, 188, 419
deportation or forcible transfer of population
(ICC 7(2)(d)) 46, 50, 72
depositary 190, 191
Descamps, Baron 4–5
Deschênes, J. 184n34
detention: see arrest
deterrence 164
dignity, attack on 49–50, 65
dignity, protection of 173
diplomatic channels 128, 423
diplomatic immunity: see immunity,
diplomatic (ICC 98(2))
direct and public incitement to genocide 30,
102–3
disabled 7, 172
disappearances: see enforced disappearances
(ICC 7(1)(i)/7(2)(i))
disclosure obligation 139–40, 141–2
confidentiality and (ICC 54(3)(e)) 127
defence 141
Rule 79 141
European Court of Human Rights 141
ICTR/ICTY 141
prosecution, Rule 76 141
protection of witnesses/victims and
(ICC 68(5)) 173