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

organs (ICC 34) 177
peaceful resolution of conflict and 75–6
pre-Rome attempts to draft Statute: see
International Law Commission (ILC),
Committee on International Criminal
Court Jurisdiction (1952/1954)
Privileges and Immunities Agreement
(2002) 19
Rules of Procedure and Evidence: see Rules of
Procedure and Evidence
seat 176
territorial scope 79
UN Relationship Agreement 19, 176
International Criminal Court (ICC),
admissibility/jurisdiction
admissibility and jurisdiction
distinguished 68–9
age considerations 29, 81–2
challenge to, right of victims
(ICC 19(3)) 172
challenge to surrender and (ICC 89(2))
133
competing requests (ICC 90) 136
complementarity (ICC 17) 13–14, 15, 20,
68, 85–9, 422
ICC preamble 85
ICTY and 89
inequity 86–7
Prosecutor’s discretion and 121–2
Security Council referrals and 123
Sierra Leone Special Court and 89
specialty 171n45
State referral and 124–5
‘total or substantial collapse . . .’ 86
‘unwilling or unable genuinely’ 85–6
court’s right to raise on its own motion 68
discretionary nature 68
dispute relating to interpretation or
application (ICC 119) 187
inherent jurisdiction 16, 76–7
international crimes 26
most serious crimes of international
concern/most serious crimes of concern
to the international community as a
whole 26, 31
hierarchy, whether 30
non-State party (ICC 12(3))
failure to cooperate 77
‘with respect to crime in question’ 77
‘not in the interest of justice’
(ICC 53(2)(c)) 29, 172
obligation to cooperate 20
penalties 165n14
personal (ratione personae)
(ICC 12(2)(b)) 67, 80–2
ad hoc declaration by non-State party
(ICC 12(3)) 80–2
nationality, determination 80
index 467
Security Council reference
(ICC 13(b)) 80–2
Prosecutor’s discretion and 121–2
retroactive crimes distinguished 70–2
State consent issue 76
subject matter (ratione materiae): see
individual crimes
‘sufficient gravity’ requirement
(ICC 17(1)(d)) 29, 68–9, 87
temporal (ratione temporis) (crimes
committed subsequent to entry into
force (1 July 2002)) (ICC 11(1)) 19,
69–70
ad hoc declaration by non-State party
(ICC 12(3)) 69–70, 71–2
crimes committed prior to entry into
force, alternatives 70
Security Council reference (ICC 13(b)) 70
States acceding after entry into force
(ICC 11(2)) 69–70
territorial (ratione loci) (ICC 12(2)(a)) 67,
78–9
ad hoc declaration by non-State party
(ICC 12(3)) 78
air/territorial waters/EEZ 78
areas outside 78
contested boundaries and 79
effects doctrine 78–9
Security Council designation of
territory 78
ship or aircraft 78
treaty crimes 34–5, 76–7
unimaginable atrocities that deeply
shock the conscience of humanity
26
universal jurisdiction, objections to 75
International Criminal Court (ICC), Statute
(1998): see International Criminal
Court (ICC), admissibility/
jurisdiction
amendments: see amendments to Statute
(ICC 122); amendments of an
institutional nature (ICC 122)
authentic texts (ICC 128) 192
as combination of procedure and substance
(‘Statute’/‘Code’) 14
complexity 24–5, 27, 54–5
corrections to 24–5, 192
customary international law and 24, 28,
43–4, 50, 60–2, 71, 80–1, 162–3, 428
drafting 13–25
Ad Hoc Committee (1995) 13–14
consensus 15, 17, 18, 34–5, 76–7, 101,
109–10, 145, 165, 167
languages 192
PrepCom (1996/1997) 14–15
Rome Conference (1998) 15–18
Final Act 18