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

478 index
Security Council
abuse of power/process 84–5
Chapter VII reference (ICC 13(b)) 70, 78,
80–2, 119–20, 123–4, 176
budget and funding (ICC 115(b)) 123,
186
decision not to proceed
(ICC 15(6)) 123–4
review (ICC 53(3)) 124
jurisdictional constraints 123
non-compliance and 130
coercive powers 120–1
resolution, review of legality 84–5
right to veto prosecutions (ICC 16) 16, 82–5
self-defence (ICC 31(1)(c)) 30, 110, 112–13,
424, 427
property 112–13
jus cogens and 112–13
self-determination 63–4
Senegal 19
sentencing (ICC 76) 157–8: see also
aggravating factors; enforcement of
sentences (ICC 103–111); mitigating
factors; motive; penalties
deduction of time spent in prison
(ICC 78(2)) 169
motive and 45
multiple sentences (ICC 78(3)) 169
reduction of sentence (ICC 110) 166, 167,
170
relevant factors (ICC 78(1)/Rule 145) 167–8
separate hearing (ICC 76(2)) 157–8
ICTR/ICTY practice 157
serious bodily or mental harm 37, 41, 52, 58
serious violations of the laws and customs of
war (ICC 8(2)(b)) 60–4: see also grave
breaches (Geneva Convention/
ICC 8(2)(a)); war crimes
as ‘Hague law’ 60
international armed conflict, need for 60
protected person status, relevance 60
serious violations of the laws and customs of
war not of international character
(ICC 8(2)(e)) 64–6
Geneva Protocol II as basis 64–6
Serushago 37, 149, 163, 164, 167–8
Sèvres, Treaty of (1920), military tribunals 4
sexual slavery 62–3
sexual violence
as crime against humanity
(ICC 7(1)(g)) 46–8
as genocide 41
protection of victims/witnesses
(ICC 54(1)(b)) 126–7
as torture 47
as war crime
international conflict
(ICC 8(2)(b)(xxii)) 62–3
non-international conflict
(ICC 8(2)(e)(vi)) 62–3
Sharia 90, 111
Sierra Leone 75–6
Sierra Leone Special Court 70
ICC and 89
signature (ICC 125)
as indication of intention to ratify 19, 191
US declaration of intent not to become a
party 21, 420
Sikirica 39–40
Simic 152
Singapore 83, 165
slavery/slave trade 26, 73
ICC 7(2)(c) 50
ICC 8(2)(b)(xxii) 62–3
Slovakia 427
solemn undertaking (ICC 45) 183
South Africa 87
South African Development Community
(SADC) 16
Spain 166n20, 427
specialty (ICC 108) 171
complementarity and 171n45
ICTY 171
Stakic 38, 107
Stamford v. UK 99
Stamoulakatos v. Greece 145
standard of proof
beyond reasonable doubt 155
intime conviction 155
State party referral (ICC 13(a)) 119–20, 122
complementarity and (ICC 18) 124–5
decision not to proceed (ICC 15(6)) 123–4
review (ICC 53(3)) 124
State sovereignty 1
Statute: see International Criminal Court
(ICC), Statute (1998)
statutory limitation (ICC 29) 115–16
Convention on the Non-Applicability of
Statutory Limitations to War Crimes
and Crimes Against Humanity
(1968) 115–16
customary international law 115–16
European Convention on the
Non-Applicability of Statutory
Limitation to War Crimes and Crimes
Against Humanity (1974) 115–16
sterilisation 46, 62–3
Strugar 64
Sullivan v. Louisiana 156
summary execution 65
Sunga, L. 42
superior orders (ICC 33) 110: see also
command responsibility (ICC 28);
individual responsibility (ICC 25)
genocide (ICC 33(2)) 114
ICC 33 13, 111