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support for NGO publications at ICC
Goldstone, Richard, 49, 52, 56, 61, 117,
Statute conference, 149
195
target of Congo referral to ICC, 213
Gosh, Salah Abdullah, 232
United States, 232
Great Britain, 20, 24, 71, 169
Grotius, Hugo, 16
Federation Internationale des Ligues des
´´
Guatemala, 30, 35
Droits de l™Homme, FIDH. See
Guatemalan U.N. peacekeepers, 206
International Federation of Human
Rights Leagues
Hague Conventions of 1899 and 1907 20,
Ferencz, Benjamin, 17, 37, 154
24, 72
Fernandez de Gurmendi, Sylvia, 113“4, 234
Hague, The
Final Act of the Rome Conference on the
center of ICC activity, 160
Statute of the ICC, 104
ICC headquarters, 106
Finnemore, Martha, 14, 40
municipality, 144
Flamme, Jean, 126, 222, 224
Peace Palace, 18, 107
France
remote from crime locations, 60
acceeds to ICC Statute, 169
Helms, Jesse, 172
Like-Minded States at ICC negotiation, 71
Helsinki Accords, 28
Moscow Declaration, 24
Helsinki Watch, 29
regarding Armenian killings, 20
Higgs, Bryn, 203
source of communications to ICC OTP, 156
Holy Spirit Movement, 196
victim orientation, 85, 128
Human Rights Watch, 144À5, 147, 157
Frazer, Jendayi, 178, 231
allegations about Thomas Lubanga Dyilo,
Fund for Free Expression, 29
220
concern over narrow warrant for Lubanga,
Garang, John, 227
223
Gender crimes
reaction to CAR investigation, 244
ad hoc tribunals, 31
reaction to Darfur warrants, 241
crimes against humanity, 87, 150
reaction to ICC Strategic Plan, 162
in ICC Statute negotiations, 75
297
Index

reaction to ICC Uganda referral, 200 Victims Trust Fund, 133, 183
report on Darfur, 227 working group on crime of aggression,
187
working group on ICC premises, 182
ICTR. See Tribunals, ad hoc
Coordinating Council, 134, 252
ICTY. See Tribunals, ad hoc
Court Capacity Model, 138, 139, 166, 182
Impunity, 7
Office of the Prosecutor
accountability as opposite, 33
achievements by 2007 120
ad hoc tribunals as U.N. effort against, 58
announcement of formal investigation
ending, 31
into CAR, 244
and deterrence, 73
announces Congo investigation, 215
as motivating ICC Statute Conference, 89
announces formal investigation into
Inability or unwillingness
Darfur, 234
and ICC admissibility, 81
brings Acholi representatives to ICC
India, 72, 90, 104, 192
headquarters, 203
Individual culpability, 2, 21, 38
challenges to Congo victim
the Nuremberg Principles, 25
representation request, 217
superior orders, 86
communications to, 115
Versailles, 22
consultations on organization, 112
Institutionalism, 4, 39, 41, 43, 65, 73, 90,
coordination with U.N. organizations in
103, 257
the fields, 213
NGOs, 145
as “engine of the Court”, 103
states™ motivations, 192
focused charges in Congo case, 225
U.S., 179
freedom of action, 216
Interahamwe, 211
Immediate office, 114
International Association of Penal Law, 23
implicit criticisms of, 237
International Center for Transitional Justice,
Jurisdiction, Cooperation, and
158
Complementarity Division, 114
International Commission of Jurists, 147
Legal advisory section, 115
International Court of Arbitration, 107, 168
outreach in Uganda, 210
International Court of Justice, 108, 168, 198
PrepCom design, 110
ICC crime of aggression, 188
relations with Registry, 121
International Criminal Bar, 159
Report on Prosecutorial Strategy, 141
International Criminal Court
request to PTC for summonses or
Assembly of States Parties
warrants of arrest in Sudan, 240
Committee on Budget and Finance, 134,
role under complementarity, 115
136, 157, 181, 252
sequential process, 118
Court Capacity Model, 140
structure of, 114
electing ICC officials, 135
view of victims™ and witnesses™ role, 129
electing judges, 52, 87, 107, 150
Organs of, 3
First Session, 2002 106
outreach, 130, 133À4
Fourth Session 2005 157
situation states, 152
NGOs, 161
strategic plan for, 140
outreach budget, 157
Permanent premises, 182
Preparatory Commission, 102, 110
possibly affected by personal rivalries,
Preparatory Commission, U.S.
162
participation in, 173
Presidency. See also Kirsch, Philippe
relating to the Court, 47, 249
mediating role between OTP and
representatives to, 138
Registry, 125
responsibilities of, 3
multiple roles of, 142
Statute implementation and ratification,
subordination of Registrar to, 66
170
298 Index

status of victims unspecified, 184
Pre-Trial Chambers
arbiter between OTP and Registry, 122, “unsigning” by U.S., 173
219 as universalist document, 155
as arbiters of admissibility, 82 U.S. position on, 170
as authorizers of formal investigations, Rules of Procedure and Evidence and
92 Elements of Crimes, 87, 102
U.S. approval of, 172
and breadth of charges against suspects,
119 Staff growth of, 2
as civil law mechanism, 49 strategic plan, 135, 138, 142
as issuer of warrants of arrest, 78 NGOs™ reaction to, 162
and relations with OTP, 122À5 strategic plan for outreach, 136, 140
Victims, 204
requests for amicus curiae observations,
238 Congo applications, 217
and Uganda warrants, 204 defining, 184
and Victims Trust Fund, 186 dilemma of involvement in Court
and witness and victim protection, 129 proceedings, 88
judges™ responsibilities toward, 88
Registry
orientation, 129
communication channel for the Court,
140 Prosecutor™s objectives, 141
Registry units, 88, 150
develops proposed ICC budget for ASP,
181 Trust Fund, 88, 183
evidence disclosure, 122 Trust Fund awards to victims, 186
International Criminal Law Network, 144
relations with Office of the Prosecutor,
121 International Crisis Group, 234
responsibilities for arranging defendants™ International Federation of Human Rights
defense, 159 Leagues, 144
CAR, 242
responsibilities to victims and witnesses,
129 explaining ICC and assisting victim
role in outreach, 156 representation, 159
span of responsibilities, 128 SOAT affiliate in Sudan, 235
subordinated to Presidency, 102 victim representation, 132
Rome Statute of, 2, 3 victim representation in DRC, 217
and aggression, 186, See Aggression, International Force (IFOR) in Yugoslavia, 53
International Law Association, 23
crime of
broad mandate, 10 International Law Commission. See also
as cognitive map, 14 Draft Code of Offenses against the
and combination of civil and common Peace and Security of Mankind
law traditions, 66 considers implementation of Genocide
Convention, 25
contrasted to ad hoc Tribunals™ statutes,
45 draft ICC statute of 1994, 69
discretion remains to Court, 103 draft statutes as basis for ad hoc tribunals,
election of Registrar, 51 46
negotiating, 69À72 focus of consideration about an ICC
statute, 42
NGO importance in implementation
legislation, 191 formulating Nuremberg Principles, 25
paucity of direction on defendants™ International Military Tribunal for the Far
defense, 159 East, 25
and restorative justice, 64 International organizations
retributive and restorative justice in, 32 Environment of, 72
Review Conference of, 74, 193, 257 Hague community of personnel, 168
speed of accesssions, 105 ICC Prosecutor, 110
299
Index

institutionalism, 6 Kabila, Joseph, 211
NGOs, 145 orders arrest of warlords, 220
realism, 5 refers DRC situation to ICC, 212
Relations to states, 1 succeeds father as President of DRC, 211
At the Rome Statute Conference, 70 Kabila, Laurent, 211
sources of ICC staff, 161 Kacoke Madit, 202
International relations theories, 4À9 Karadzic, Radovan, 55
Iraq, 21, 72, 115, 245 Katanga, Germain, 225
Israel, 72, 115 Kaul, Hans-Peter, 126
Kellogg-Briand Pact, 23
Ituri. See Congo, Democratic Republic of
Kigali, ICTR information center, 64
Kirk McDonald, Gabrielle, 61
Janjaweed, 227, 240
Kirsch, Philippe, 126, 154
Japan, 25, 104, 168, 258
Chairman of the Committee of the Whole
Johnson, Ellen Sirleaf, 178
of the Rome Conference on the ICC
Jorda, Claude
Statute, 71
elected as ICC judge, 123
Chairman of the Preparatory Commission,
as President of ICTY, 50
105
Presiding Judge of Pre-Trial Chamber I,
Court as a judicial organization, 258
215
Judge and President of the ICC, 108
queries OTP on Congo strategy, 219
President of the ICC, 127
on role of ICC Pre-Trial Chambers, 54,
Kitaw, Getachew, 155
124
Kony, Joseph, 118
Jurisdiction, Cooperation, and
amnesty offers, 202
Complementarity Division (JCCD). See
forms Lord™s Resistance Army, 196
International Criminal Court, Of¬ce of
ICC warrant of arrest for, 204
the Prosecutor, Jurisdiction,
Koskenniemi, Martti, 18
Complementarity and Cooperation

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