International Criminal Law

Expert witnesses
evidence before ad
hoc tribunals 294, 309–13, 322
Extradition
9,
179–229
abduction 218–25
abuse of process 222–23
collusion by law,
enforcement
agencies 223–24
European Court of
Human Rights 221–22
male captus, bene
detentus
rule 218–19
seriousness of crime 224–25
United States 219–21
abuse of process 222–23
accused person,
meaning of 180–81
aims 179
alternatives to 179
assumptions 179
aut dedere aut judicare
179, 191
bilateral treaties 179
Canada 179, 180
capital punishment 188–89
comity 179
Convention Relating
to Extradition 196–99
Convention on Simplified

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International Criminal Law
420
Extradition Procedure 195–96
Council Framework
Decision on the European
arrest warrant 199–200
death row cases 181, 188–89
domestic fair trial
safeguards 213
double criminality 181–84
double jeopardy 181, 189–90
EC law and
expulsion of nationals 203–05
free movement
of workers 204–05
enforcement of
international
criminal law 9
European Convention
on Extradition 193–94
European Court of
Human Rights 221–22
European Union 194–95
evidence 180, 214–16
exclusionary rules
of evidence 214–16
executive discretion
to surrender
fugitive 180
exemption from 180
fiscal offences 189
fundamental rights,
protection of 181
general principles 179–92
good faith 180
human rights 205–12
European Convention
on Human Rights 206–07
inhuman and degrading
treatment, prohibition
against 207–09
International Covenant
on Civil and
Political Rights 211–12
Soering
principle 209–10
torture, prohibition
against 207–09
UN Convention Against
Torture and Other Cruel,
Inhuman or Degrading
Treatment or Punishment 212
hybrid system 179
increased use 179
inhuman and degrading
treatment, prohibition
against 207–09
International Covenant
on Civil and
Political Rights 211–12
international initiatives 192–201
interpretation of treaties 180
legal basis 179, 180
male captus, bene
detentus
rule 218–19
meaning 179
military and
religious offences 181, 189,
193–94
money laundering 67
motive 180
multilateral regional
treaties 179
non-inquiry, rule of 180, 191–92
Pinochet
case 225–29
political offence
exception 181, 186–88
procedural law, as 180
process 179–92
purposive
interpretation 180–81
re-extradition 185–86
reciprocity 179
refusal of request 181
requests 179–80
review by domestic
authorities 216–18
Soering
principle 209–10
sovereign act, as 181
specialty, rule of 181, 184–85
surrender
of nationals 190–91
third State,
re-extradition to 185–86
torture, prohibition
against 207–09
transnational
organised crime 49, 51–52
UN Convention Against
Torture and Other Cruel,
Inhuman or Degrading
Treatment or Punishment 212
UN Model Treaty on
Extradition 192–93
United Kingdom, 179, 180

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Index
421
Extradition Bill 2002 200–201
United States 179, 180, 219–21
Extradition
EC law and 201–05
Financial Action Task
Force on Money
Laundering
62,
63,
64,
65–66
Firearms Protocol
53
Foreign public officials
bribery 83–86
Freedom of expression
cybercrime 73
obscene publications 90
General Assembly
resolutions 2–3
transnational
organised crime 49–50
Geneva Conventions
armed conflict 119–20
International Criminal
Tribunals for the Former
Yugoslavia and Rwanda 348–50
torture 119–20
Genocide
Armenians 12
definition 358–64
International Criminal
Tribunals for the Former
Yugoslavia and Rwanda 358–64
Jews 14
Permanent International
Criminal Court 384
Tutsi 12
Genocide Convention (1948)
5
enforcement 8
Grotius
9
Hearsay evidence
evidence before ad hoc
tribunals 299, 302–04, 317–18
High seas
piracy on 98
unauthorised
broadcasting from 103–04
Hijacking
18,
23–24,
26
Hostage taking
terrorism 18, 28–30
Hot pursuit, right of
104–08
commencement 106–07
constructive presence 107–08
continuous nature 106–07
customary law 104
enforcement action 105
High Seas
Convention 104
lawful pursuit 107
operation 104–05
signals 107
UNCLOS 104, 105–07
Human rights
disappearances 124
extradition 205–12
European Convention
on Human Rights 206–07
inhuman and
degrading treatment,
prohibition against 207–09
International Covenant
on Civil and
Political Rights 211–12
Soering
principle 209–10
UN Convention
Against Torture and
Other Cruel, Inhuman
or Degrading
Treatment or
Punishment 212
obscene publications 90
terrorism 18, 42,
46–48
theory of international
criminal law 14–15
torture 117, 120–21
Humanitarian law
breaches 7
Humanity, crimes
against
apartheid 122
International Criminal
Tribunals for the Former
Yugoslavia and Rwanda 353–58
Permanent International
Criminal Court 384–86
Immunities
Act of State 169–70
armed forces abroad 173–74
consular immunities 174–76
criminal jurisdiction 165–70

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International Criminal Law
422
diplomatic 174–76
domestic law 170–72
general concept 165–68
international criminal
jurisdiction 176–77
jus cogens
norms 170–72
ratione materiae
168, 169
Inhuman and degrading
treatment, prohibition
against
extradition 207–09
Intergovernmental
organisations
4
International Cable
Protection Committee
11,
103
International comity
extradition 179
mutual legal assistance 231
International Committee
of the Red Cross
11
International Covenant
on Civil and
Political Rights
enforcement of
international
criminal law 11
extradition 211–12
mutual legal assistance 254
terrorism 46
International crimes
categories 5–6
criminalisation 4–8
International
Criminal Court
See
also Permanent International
Criminal Court
core crimes 164
jurisdiction 163–64
limitations 164
International
criminal law
criminalisation 4–8
enforcement 8–12
objectives 10
reconciliation 10
sources of international law
See
Sources of international law
theory
See
Theory of international criminal
law
International Criminal
Tribunals for the Former
Yugoslavia and Rwanda
339–74
accused, rights of 372–74
background 339–42
command responsibility 368–69
enforcement capacity 369–71
equality of arms 372
establishment 339
evidence
See
Evidence before ad hoc tribunals
formative years 342–46
Geneva Conventions 348–50
genocide –64
grave breaches of
Geneva Conventions 348–50
humanity, crimes against 353–58
interpretative means
of the Statutes 341
jurisdiction 163, 164,
346–68
concurrent 346
failure to prevent
or punish crimes 348
genocide 358–64
grave breaches of
Geneva Conventions 348–50
humanity,
crimes against 353–58
national authorities 346–47
preparatory and
execution stages
of prescribed offences 347–48
subject matter 347
violations of laws or
customs of war in
internal conflicts 351–53
legality of establishment 341
mutual legal assistance 254
powers 164
presumption
of innocence 372
rape 364–68
Security Council 339–40
sexual offences 364–68
submission of cases to 347
superior responsibility,
doctrine of 368–69
Vienna Convention 341–42
violations of laws or
customs of war in

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Index
423
internal conflicts 351–53
International custom
sources of
international law 2
International Law
Commission
role in post-Nuremberg era 335–37
International Military
Tribunal at Nuremberg
132,
133
See also
International military tribunals
criticism 333–34
establishment 8
jurisdiction 327–33
law of 327–33
legal basis 333–34
Second World War 133
International Military
Tribunal for the
Far East
334–35
See also
International military tribunals
background 334–35
establishment 8, 335
procedural law 335
substantive law 335
International
military tribunals
See also
International Military Tribunal at
Nuremberg; International Military
Tribunal for the Far East
background to
establishment 326–34
establishment 325
First World War, after 325
Second World War, after 325–26
International Narcotics
Control Board
56
International Opium
Commission
54–55
Internationally
protected person,
attacks against
18,
28–30
Interpol
265–70
background 265–66
establishment 265
Executive Committee 267
General Assembly 267
General Secretariat 267
membership 266
National Central
Bureaux 267–68
operational activities 268–70
organisation 266–68
role 265, 266
Intoxication
defences in international
criminal law 140
Investigator’s report
evidence before ad
hoc tribunals 307–09
Israel
terrorism 38
Jurisdiction
active personality
principle 151–52
armed forces abroad 173–74
aut dedere aut judicare
9, 35, 160–62
aviation 162
civil aviation,
crimes against 162
criminal 143–44
immunities
See
Immunities
international 164
International
Criminal Court 163–64
international criminal
jurisdiction 162–64
International Criminal
Tribunals for the
Former Yugoslavia
and Rwanda 163, 164,
346–68
concurrent
jurisdiction 346
failure to prevent
or punish crimes 348
genocide 358–64
grave breaches
of Geneva
Conventions 348–50
humanity,
crimes against 353–58
national authorities 346–47
preparatory and
execution stages of
prescribed offences 347–48
subject matter 347
violations of laws or
customs of war in
internal conflicts 351–53
passive personality
principle 152–54

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International Criminal Law
424
Permanent International
Criminal Court 377
admissibility 377–81
aggression, crime of 381–84
genocide 384
humanity,
crimes against 384–86
subject matter 377, 381–90
war crimes 386–90
protective principle 154–55
territorial
See
Territorial jurisdiction
universal jurisdiction 156–60