ACKNOWLEDGMENTS

I. INTRODUCTION

SECTION A: THE SUBJECT MATTER JURISDICTION OF THE COURT
 

Part 1: WAR CRIMES
GUIDING PRINCIPLES
International and non-international distinction
Fundamental legal principles
Customary international law and existing treaties as guiding principles, not limiting factors
LIST OF BASIC CRIMES WHICH SHOULD COME WITHIN THE JURISDICTION OF THE COURT FOR INTERNATIONAL OR NON-INTERNATIONAL CONFLICTS
OTHER CRIMES UNDER CUSTOMARY INTERNATIONAL LAW
THE THRESHOLD
 
Part 2: CRIMES AGAINST HUMANITY
THE CHAPEAU TO THE DEFINITION
Nexus with armed conflict
The widespread and/or systematic requirement
The proposed limitation on the "grounds" on which crimes against humanity are committed
SPECIFIC ACTS CONSTITUTING CRIMES AGAINST HUMANITY
Enforced disappearance
Persecution

SECTION B: THE JURISDICTION OF THE COURT

UNDERLYING PRINCIPLES
RECOMMENDATION ON ARTICLES 6, 7 AND 9
Opt-in regime: the `selection' of core crimes
State consent in individual cases
Non- state parties and the exercise of jurisdiction
Ability of Non-State Parties to Recognize the Jurisdiction of the Court
JURISDICTION OVER MINORS

SECTION C: ROLE OF THE SECURITY COUNCIL

REFERRALS BY THE SECURITY COUNCIL
SECURITY COUNCIL CONTROL OVER CASES BEFORE THE COURT
Option one: the operation of security council veto
Option two: a decision of the security council to suspend ICC jurisdiction

SECTION D: HOW AN INVESTIGATION IS TRIGGERED

COMPLAINT BY STATES
State parties
Non-state parties
SECURITY COUNCIL
EX OFFICIO POWERS OF THE PROSECUTOR
Addressing concerns regarding a proprio motu prosecutor
PRE-TRIAL CHAMBER REVIEW OF THE DECISION TO INVESTIGATE EX OFFICIO

SECTION E: COMPLEMENTARITY

THE COMPLEMENTARITY TEST
PROVISION FOR AMNESTY LAWS
CHALLENGES TO ADMISSIBILITY UNDER ARTICLE 17[12]
Who can challenge
Burden of proof
Timing of challenges and right of appeal
Review in the light of new facts
Provisional measures
TRANSFER OF SUSPECTS FROM THE ICC UPON A FINDING OF INADMISSIBILITY BASED ON COMPLEMENTARITY
PRE-INVESTIGATION DETERMINATION OF COMPLEMENTARITY AND ADMISSIBILITY
Existing provisions safeguarding complementarity
The legitimate scope of article 16 [11 bis]
Public announcement
Scope of article 16 [11 bis]
Time restrictions on deferral
Preservation of evidence
Appeal
Burden of proof
Multiple challenges to admissibility on the basis of complementarity

SECTION F : GENERAL PRINCIPLES OF CRIMINAL LAW

AGE OF RESPONSIBILITY
STATUTE OF LIMITATION
DEFENSES

SECTION G: APPLICABLE LAW

STATUTE AND INTERNATIONAL LAW
PREVIOUS JUDICIAL DECISIONS
CONSISTENCY WITH INTERNATIONAL HUMAN RIGHTS LAW

SECTION H: COMPOSITION AND ADMINISTRATION OF THE COURT

DIVERSITY IN THE COMPOSITION OF THE COURT
LEGAL EXPERTISE IN SEXUAL AND GENDER VIOLENCE AND PROTECTION OF CHILDREN
VICTIM AND WITNESS SUPPORT AND PROTECTION UNIT
THE RULES OF PROCEDURE AND EVIDENCE

SECTION I: INVESTIGATION AND PROSECUTION

NOTIFICATION
PRIORITIZING INVESTIGATIONS IN THE INTERESTS OF JUSTICE
ON-SITE INVESTIGATIONS
THE PRESERVATION OF EVIDENCE
INFORMATION REGARDING NATIONAL PROCEEDINGS
ORDERS
CONFIRMATION OF INDICTMENTS
ORDERS REGARDING THE CONDUCT OF TRIAL
PRE-TRIAL ARREST AND DETENTION
ISSUING AN INTERNATIONAL ARREST WARRANT
INTERIM RELEASE
PERIOD OF PRE-TRIAL DETENTION
NOTIFICATION OF INDICTMENT

SECTION J: THE TRIAL

SIGNIFICANCE OF A GUILTY PLEA
TRIALS IN ABSENTIA
PROTECTION OF VICTIMS AND WITNESSES
EVIDENCE

SECTION K: REPARATION TO VICTIMS

SECTION L: PENALTIES

Part 1. APPLICABLE PENALTIES
Part 2. DETERMINING THE SENTENCE IN THE PARTICULAR CASE
Part 3. APPLICABLE NATIONAL LEGAL STANDARDS

SECTION M: THE PROTECTION OF NATIONAL SECURITY

The protection of legitimate interests
The scope of the national security privilege
FREESTANDING ARTICLE ON THE PROTECTION OF NATIONAL SECURITY INTERESTS
STATE COOPERATION: CHALLENGING A REQUEST FROM THE COURT
CRIMINAL PROCEDURE: MEASURES TO PROTECT SENSITIVE INFORMATION
CRIMINAL PROCEDURE: DISCLOSURE
CRIMINAL PROCEDURE: WITNESS INVOCATION OF NATIONAL SECURITY

SECTION N: INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE

THE OBLIGATION TO COMPLY
DELETION OF GROUNDS FOR REFUSAL
EXCLUDING NATIONAL LAWS AS A BASIS FOR NON COMPLIANCE
THE POWER TO ORDER PROVISIONAL MEASURES
PRIORITY OF REQUESTS OF THE COURT OVER OTHER STATE PARTIES
RELATIONSHIP OF THE STATUTE TO OTHER INTERNATIONAL INSTRUMENTS
DELAY TO THE TRANSFER OF PERSONS SOUGHT
REQUESTS FOR OTHER FORMS OF COOPERATION
INFORMATION PROVIDED FOR THE PURPOSE OF GENERATING EVIDENCE ONLY
NON APPLICABILITY OF THE RULE OF SPECIALITY

SECTION O: COMPENSATION TO THE ACCUSED

SECTION P: FINANCING OF THE ICC

SECTION Q: FINAL CLAUSES

SETTLEMENT OF DISPUTES
RESERVATIONS
EARLY ACTIVATION OF PRINCIPLES AND RULES OF THE STATUTE
RATIFICATION

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