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

provisional opt-out clause (ICC 124) 30,
188–9, 190, 422, 425
Nuremberg Charter (1945) 52
universal jurisdiction 73–4
waging of war 3, 6: see also aggression;
crimes against peace
war, laws and customs of, violations, grave
breaches distinguished 61
weapons, prohibited (ICC 8(2)(b)) 61–2
annex, need for 62
asphyxiating gases (ICC 8(2)(b)(xviii)) 424
biological 61–2
chemical 61–2
nuclear weapons 62, 423, 424, 426, 428
poisoned weapons (ICC 8(2)(b)(xvii)) 424
Westphalia, Peace of 1
widespread or systematic attack, need for
(ICC 7) 29–30, 39, 55–6: see also
mental element (ICC 30)
customary international law 55–6
as double-pronged requirement 44
genocide 39, 55–6
knowledge of attack 29–30, 108
wilful killing 59–60: see also mental element
(ICC 30); murder
Williams v. Florida 141
withdrawal (ICC 127) 192
witnesses
compellability 152–3
examination of 152
in camera proceedings (ICC 64(7) and
68(2)) 144, 173
influencing or interfering with 66
interview on voluntary basis within State
(ICC 99(4)) 127–8
protection: see victims, protection
Red Cross employees (Rule 73(4)) 152
X and Y v. Germany 148
index 481
Yamashita 106
Yugoslavia, Federal Republic 75–6
Yugoslavia, International Criminal Tribunal
for the Former (ICTY): see also
Arbour, L.; Goldstone, R.; and
individual cases
establishment 10–11
evidence, admissibility 151
general principles 90
jurisdiction
ICC and 89
offences committed within former
Yugoslavia 11, 67
SFOR 23
temporal 11
languages 184
life imprisonment 163
nexus with armed, relevance 43
penalties, purpose 164
Rule 61 Procedure 139
specialty 171n45
standard of proof 155
Yugoslavia, International Criminal Tribunal
for the Former (ICTY), Statute
applicable law, rules of international
humanitarian law which are part of
customary international law 11
command responsibility 106
customary international law, limitation
to 53
disclosure obligation 141
Hague Conventions (1899/1907),
codification 3
‘Hague’/‘Geneva’ law distinguished 53
hierarchy of offences, whether 30
surrender or transfer 133–4
Yunis 72–3
Zutphen draft (1998) 14–15