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

Leipzig Trials 4
mistake of law (ICC 32) and 114
as mitigating factor 168
surrender 132–6
admissibility, challenge on grounds of 133,
136
competing requests (ICC 90) 136
death penalty and 135–6
extradition distinguished (ICC 102) 133–5
legislation, need for 134
life imprisonment and 135–6
of own nationals 133–5
suspension of sentence/proceedings 159–60
Sweden 62n132, 428
Switzerland 428
Tadic
accused, rights of (ICC 67) 97–9
aiding and abetting 101, 102
appeal on jurisdiction 159
‘armed conflict’ 56
disclosure obligation 141
equality of arms 99
hearsay evidence 150–1
hierarchy of offences 30
‘international humanitarian law’/‘laws of
armed conflict’ 92
joint criminal enterprise 103–4
motive, relevance 45
nationality, relevance 59
nexus 12, 43
non-international armed conflict and 12,
53–4, 59, 64, 94–5
non-State actor 44–5
penalties, purpose 164
protection of witnesses and victims 144
retroactivity 71
sentencing 157
serious violations falling short of ‘grave
breaches’ 61
standard of proof 155
‘widespread or systematic attack’ 44
term of office: see judges (ICC)
terra nullius 73
territorial jurisdiction 72–3: see also
International Criminal Court (ICC),
admissibility/jurisdiction
effects doctrine 78–9
ICC 12(2) 78–9
International Penal Law Treaty
(Montevideo) (1889) 73
Lotus 73
Noriega 73
terra nullius and 73
territorial waters 78
terrorism 26
Convention on the Physical Protection of
Nuclear Material (1980) 73–4
index 479
Convention on the Prevention and
Punishment of Crimes Against
Internationally Protected Persons
Including Diplomatic Agents
(1977) 73–4
Convention for the Suppression of Terrorist
Bombings (1997) 103
Convention for the Suppression of Unlawful
Acts Against the Safety of Civil Aviation
(1976) 73–4
Convention for the Suppression of Unlawful
Seizure of Aircraft (1971) 73–4
European Convention for the Suppression of
Terrorism (1977) 73–4
exclusion from ICC jurisdiction 34–5, 46
Hostages Convention (1979) 73–4
motivation as key element 35
Timor Leste 19n63
Tokelau 420
Tokyo Tribunal 7
Torture Convention (1984) 28, 50–1, 73–4
customary international law and 50–1
torture (ICC 7(1)(f)) 46
customary international law 50–1
as genocide 41
official act, relevance 50–1
sexual violence as 47
torture (ICC 7(2)(e)) 50–1
trafficking in women and children 26, 73
transfer on completion of sentence
(ICC 107) 171
transfer of population by occupying power
(ICC 8(2)(b)(viii)) 61
customary international law and 61
travaux préparatoires 60, 94
treaties
consent to be bound 191
interpretation, relevance of parties’ intent 38
revocation of signature 21, 420
treaty crimes 26–7
Final Act of Rome Conference 35
ICC jurisdiction and 34–5, 76–7
Review Conference 35, 190
universal jurisdiction 73–4
trial: see also disclosure obligation; evidence
conduct of proceedings (ICC 64(8)(b)) 152
place (ICC 62) 144
plea (ICC 64(8)(a)) 149
public hearing: see public hearing
(ICC 64(7))
reading of charges (ICC 64(8)(a)) 149
Trial Chamber
constitution (ICC 61(11)) 140
disclosure of documents and information
(ICC 64(3)(c)) 140
language[s] (ICC 64(3)(b)) 140
Trinidad and Tobago 19, 26, 35
Trust Fund (ICC 79) 175