The ICC and the Human Rights Inspiration The Commonwealth Guide to International Criminal Law Abstract of the Guide The United States and the ICC Conclusion
The International Criminal Court
Institutional Framework of the ICC
1 Introduction 2. Key Aspects of ICC Procedures 2.1 Pre-investigation: triggering mechanisms, analysis and collection of information 2.2 Investigations 2.2.1 General obligations of the OTP 2.2.2 Role of the Pre-Trial Chamber 2.2.3 The principle of complementarity 2.2.4 Co-operation with States and others 2.2.5 Confidentiality 2.2.6 From investigation to prosecution 2.3 Trials and appeals 2.3.1 General 2.3.2 Disclosure 2.3.3 The role of the defence 2.3.4 The role of victims 3. Major Developmen...
Jurisdiction and Complementarity
1 Introduction 2 Principles of Jurisdiction 2.1 The territorial principle 2.2 The principle of active nationality 2.3 The principle of passive nationality 2.4 Universal jurisdiction and international crimes 2.4.1 The development of universal jurisdiction 2.4.2 Recent developments regarding universal jurisdiction 3. National Courts and International Crimes 4. The Jurisdiction of International Criminal Tribunals 5. The Jurisdiction of the ICC and the Principle of Complementarity
1 Introduction 2 Genocide 2.1 History 2.2 Definition 2.3 Actus reus - genocide 2.3.1 The victim as group 2.4 Mens rea -genocide 3 Crimes Against Humanity 3.1 History 3.1.1 Developments after World War II 3.3 Definition 3.4 Actus reus - crimes against humanity 3.4.1 Offences 3.4.2 Widespread or systematic attack against a civilian population 3.5 Mens rea - crimes against humanity 3.5.1 Knowledge of the broader context 3.5.2 Crimes of persecution 3.5.3 Can a crime against humanity be committed ...
Co-operation with the ICC: Arrests and Surrender, the Gathering of Evidence and Asset Forfeiture
1 Introduction 2 Co-operation under the ICC Statute 2.1 General principles 2.2 What happens if a State fails to co-operate with the Court? 2.3 How are requests transmitted and what are the procedures surrounding them? 2.4 Are there any confidentiality restrictions on requests? 2.5 What are the arrangements regarding the costs of executing requests from the court? 3 The Procedure for Arrest and Surrender of ICC Suspects 3.1 Are there grounds on which a request may be refused? 3.2 If execution ...
Doctrines of International Criminal Law
1 Introduction 2 Command Responsibility 2.1 Foundation of the doctrine of command responsibility 2.2 The application of command responsibility under the ICC Statute 2.2.1 Knowledge 2.2.2 Superior-subordinate relationship 2.2.3 Failure to act- necessary and reasonable measures to prevent or punish 3 Superior Orders 3.1 The background to the doctrine of superior orders 3.2 Superior orders under the Rome Statute 4 Immunity from Prosecution 4.1 Introduction 4.2 Sovereign immunity 4.3 Diplomatic i...
The ICC Statute and Commonwealth States
1 Domestic Prosecutions of International Crimes Prior to the Implementing Legislation 1.1 Prosecutions under customary and conventional international law 1.2 Prosecutions under other domestic or international legal provisions 2 Implementing Legislation 2.1 Title 2.2 When in force 2.3 Government departments involved 2.4 Amendments to existing domestic legislation 3 Co-operation with the International Criminal Court 3.1 Arrest and surrender 3.1.1 Procedure for arrest 3.1.2 Procedure for surrend...
1 A Short History of Domestic Prosecutions of International Crimes Prior to Implementing Legislation 2 Implementing Legislation 2.1 Title 2.2 Amendments to existing domestic legislation/laws in force 3 Incorporating the Crimes 3.1 Genocide 3.2 Crimes against humanity 3.3 War crimes 4 Principles of Liability 5 Jurisdiction of Domestic Courts 6. Available Defences 7 Sentencing
1 A Short History of Domestic Prosecutions of International Crimes Prior to Implementing Legislation 1.1 Under customary international law 1.2 Under conventional international law 1.3 Under other domestic or international legal provisions 2 Implementing Legislation 2.1 Title 2.2 When in force 2.3 Government departments 2.4 Amendments to existing legislation 2.4.1 Diplomatic Privileges and Immunities Act 1968 2.4.2 Extradition Act 1999 2.4.3 Geneva Conventions Act 1958 2.4.4 Penal Institutions...
1 A Short History of Domestic Prosecutions of International Crimes Prior to Implementing Legislation 2 Implementing Legislation 2.1 Title 2.2 When in force 2.3 Government departments 2.4 Amendments to existing domestic legislation/laws in force 3 Co-operation with the ICC 3.1 Arrest and surrender 3.1.1 The procedure involved in the arrest process 3.1.2 The procedure involved in the surrender process 3.1.3 Constitutional/human rights concerns 3.2 Other forms of assistance to the court 3.2.1 Fo...
1 A Short History of Domestic Prosecutions of International Crimes Prior to Implementing Legislation 1.1 Introduction 1.2 Domestic implementation and international crimes in the UK 1.2.1 Moscow Declaration 1943 to the War Crimes Act 1991 1.2.2 The War Crimes Act 1991 1.2.3 Regina v. Antony Sawoniuk 2 Implementing Legislation 2.1 Title 2.2 When in force 2.3 Government departments 2.4 Amendments to existing domestic legislation 3 Co-operation with the ICC 3.1 Arrest and surrender 3.1.1 The proc...
Ben Brandon Treasa Dunworth Max du Plessis Hakan Friman Jessica Howard Timothy L H McCormack Andreas O'Shea Kimberly Prost Darryl Robinson William A Schabas
