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Kosovo, 56, 63
Division
Kostunica, Vojislav, 55
Justice
Kuenyehia, Akua, 108
Restorative, 10
Kyoto Accords, 175
alternative to retributive, 32
ASP, 183
convergence with retributive, 146 Lakwena, Alice, 196
in ICTR Statute, 44 Law
institutionalized in ICC Statute, 67 divine and natural, 15, 18, 73
minor in ad hoc tribunals, 58 international, 1, 16
truth commissions as, 36 constructivism, 40
realism, 40
victim participation. See Victims
Retributive, 10, 32 U.S. objections to ICC Statute, 171
convergence with restorative, 146 victim participation in ICC procedures,
critics, 36 218
ICC Statute, 39, 85 international and ILC. See International
ICTY as, 59 Law Commission
opposed to victims, 130 International Humanitarian, 21, 40
Transitional, 30, See also Justice, ad hoc tribunals, 44, 59
Chinese position on referral of Darfur, 169
restorative
anti-impunity, 35 crimes in DRC, 214
historical record, 36 18th century, 19
need for negotiations, 34 reports of Darfur, 228
Justice and Equality Movement, 226, sources, 15
236 positive, 17, 18, 39
300 Index

Lawyers Committee for Human Rights, 147 Malan, Magnus, 36
Mazowiecki, Tadeuz, 184
League of Nations
draft war court treaty, 24 Mexico, 152, 177
Raphael Lemkin proposal to, 22 Milosevic, Slobodan, 36, 54, 221
Legalization, 1, 41, 187 Mladic, Ratko, 55
Mobutu Sese Seko, Joseph, 211
Legitimacy
ad hoc tribunals™ judges writing their own Monitoring Project on Gender-Related
rules, 47 Crimes and the ICTR, 61
of ad hoc tribunals, and outreach, 66, Montenegro, 152
129 Moreno Ocampo, Luis, 127, 154, See also
evolution of ad hoc tribunals™, 250 International Criminal Court, Office
of human rights NGOs, 29 of the Prosecutor
ICC and NGO support, 157 consensus candidate for ICC Chief
of ICC, and problem of confidentiality, 9 Prosecutor, 109
consultations on structuring the OTP, 114
of ICTR and relations with government,
64 inaugural speech, 112
of ICTY and Tadic case, 52 meetings with NGOs as Chief Prosecutor
candidate, 154
of ICTY challenged for nationalist reasons,
55 press statement on Uganda referral, 198
Moscow Declaration of October 30, 1943,
and incentive to screen out frivolous
charged at ICC, 171 24
and neoliberal institutionalism, 193 Movement for the Liberation of the Congo,
quest of ICC officials, 142 242
Moynier, Gustave, 19
Lemkin, Raphael
development of genocide concept, 22 Mozambique, 35
Libya, 72, 227 Museveni, Yoweri. See also Uganda
Lieber Code, 20, 106 agreement with Sudan, 207
Lieber, Francis, 19 letter to ICC Chief Prosecutor, 198
objectives for ICC referral, 199
Like-minded states
ICC jurisdictional regime, 151 takes power in Uganda, 196
Rome Conference on the ICC Statute, 70,
80 Namibia, 211
Liu Center, University of British Columbia, National Resistance Movement, 196
202 NATO, 55, 63
Lord™s Resistance Army, 118, See also Nazis, 24, 34
Uganda; Kony, Joseph Neoliberal institutionalists. See
effect of amnesty offer, 202 Institutionalism
learns ICC admissibility criteria, 208 Nethercutt Amendment, 175
relations with Sudan, 199 Netherlands, 22, 70, 104
tactics of, 196 NGO Coalition for the ICC, 70, 144, 147,
U.S. call for leaders to be turned over to 151
ICC, 178 advocating ICC accession, 152
warrants of arrest for leadership of, 204 meetings with candidates for ICC
Lubanga Dyilo, Thomas. See also Congo, positions, 154
Democratic Republic of role at Rome Conference, 148
arrest by Congolese authorities, 220 screening local NGOs, 156
charges against, 223 No Peace Without Justice, 147, 149
first suspect transferred to ICC, 210 Non-Aligned Movement
Union of Congolese Patriots, 213 at Rome Statute negotiations, 70
Lukwiya, Raska, 205 Non-governmental Organizations. See also
Lustration, 30 NGO Coalition for the ICC
301
Index

prosecuting crimes against, 25
assisting ICC Victims and Witnesses Unit,
131 security
threats to in Yugoslavia and Rwanda, 44
assisting ICC Victims Participation and
Reparations Section, 132 utopian plans for, 17
versus justice, 12, 35, 84
contribute to ICC Rules of Procedure and
Evidence, 151 versus justice, in Uganda, 201À4
design of ICC Office of the Prosecutor, 110 Peace Palace, 18, 107
domestic implementation of ICC law, 190 Pentagon
NGO Committee of Experts, 38 opposition to ICC, 91, 172
opposing apartheid, 28 Quadrennial Defense Review, 177
Permanent Court of Arbitration, 18
propose regulations for ICC Victims Trust
Fund, 184 Permanent Court of International Justice, 18,
religious, at Statute conference, 75 22
Rome Conference of the ICC Statute, 71 Pillay, Navathenem
gender crime at ICTR, 61
views of ICC involvement in situation
states, 195 President of ICTR, 50
views on ICC jurisdiction, 80 Pinochet, Augusto, 34
North Atlantic Treaty Organization, 55, 63, Powell, Colin, 175, 228
175 Prendergast, John, 234
Nuremberg Preparatory Commission. See International
crimes of, 24 Criminal Court, Assembly of States
included transitional justice objectives, 34 Parties
progenitor of ICC, 73 Prosper, Pierre-Richard, 229
Nuremberg Principles, 25, 27, 31, 86, 248 Punishment, 32
Putin, Vladimir, 169
Odhiambo, Okot, 205
Odio Benito, Elizabeth, 108 Qatar, 72
Okali, Agwu, 50
Okello, Tito, 196 Rakotomanana, Honore, 50
Okumu, Regan, 207 Rape, 31, See also Gender crimes
Old justice. See Justice, retributive Realism, 4, 23, 39, 43, 65, 142
Old Testament, 16, 248 and balance-of-power, 73
Ongwen, Dominic, 205 British, 40
Operation North, 196 crime of aggression, 192
Otti, Vincent, 205 international law, 179
Otto, James, 202 international organizations, 89
Outreach. See Tribunals, ad hoc, outreach; NGOs, 145
International Criminal Court, outreach states™ motivations, 192
U.S. attitude to ICC, 166
Pace, William, 105, 147, 155, 160 U.S. position on Sudan, 254
Pardons Registry. See International Criminal Court,
as impunity, 35 Registry; Cathala, Bruno
in transitional justice, 34 Rice, Condoleeza, 177, 230
Parliamentarians for Global Action, 147, versus John Bolton, 176
152, 190 Robinson, Arthur, 37
Parry, Emyr Jones, 203 Robinson, Darryl, 203
Patterson, Anne, 230 Rome Conference on the Statute of the ICC,
Payne, Donald, 231 2À3, 14, 39, 70À2, 79
Preparatory committee for, 38, 70
Peace
arrests as threats to, 55 Women™s Caucus founding, 150
caucus, at ICC Statute negotiations, 149 Russia, 20, 71, 104, 169, 226, 232
302 Index

Rwanda, 211, See Tribunals, ad hoc, ICTR agrees to cooperate with ICC on LRA, 206
regional conflicts, 194 referral to ICC from U.N. Security
spill-over of genocide into Congo, 211 Council, 116, 226
violence in, 31 regional conflict, 194
Rwandan Patriotic Front, 64, 211 U.S. claim of genocide in, 228
vote on referral in U.N. Security Council,
169
Saudi Arabia, 26
Sudan Liberation Movement, 226
Schabas, William, 27
Sudan Organization Against Torture, 235
Scheffer, David, 170, 171
Sudan People™s Liberation Army, 227
Shea, Jamie, 63
Suspension of investigation
Sikkink, Kathryn, 14, 40
requests, in Uganda, 158
Situations
by U.N. Securitry Council, 84
defined, 78
and referral to ICC, 83
Solferino, Battle of, 19 Tadic, Dusko, 52, 117, 195, 220
delay of case due to funds shortage, 56
South Africa
Defense Forces, 36 ICTY confirms primacy, 81
Truth and Reconciliation Commission, 35 Taylor, Charles, 178
Tito, Josip Broz, 31
South American Common Market
(MERCOSUR), 175 Tokyo Tribunal. See International Military
South Korea Tribunal for the Far East
proposal on ICC jurisdiction at Rome Torture
Conference, 80 as allegation against Thomas Lubanga
Southern African Development Community, 71 Dyilo, 220
as alleged crime in Darfur, 240
Sovereignty. See also International relations
Convention Against, 29
theories
defined, 4 as crime against humanity in ICC Statute,
ICC prosecutorial indpendence, 82 77
principle of ICC complementarity, 79 in ILC draft ICC statute, 74
protection of, in ICC Statute, 41 rape as a form of, 61
self-referrals to ICC, 142 Treaty of Lausanne, 21
Sudanese rejection of ICC, 233 Treaty of Sevres, 21
treaties, 17 Tribunals, ad hoc, 8
U.S. concerns over ICC, 90 ad litem judges, 50
versus internationalism, in ICC Statute, 69 and broad criminal charges, 118
versus legality, 179 Common law dominated, 82
Soweto, 29 Completion strategy, 50, 57, 118, 137
Spain, 35 cooperation with states under UN Charter,
Special Court for Sierra Leone, 178 55
Srebrenica, 55, 56 Coordination council, 51
St. Augustine, 16 and dominance of common law in, 128
St. Kitts and Nevis, 152 Evolution of, 60
State consent regime ICTR
proposal for ICC jurisdiction, 79 Crimes included in ICC Statute, 75
Status conference, 53, 125, 216 and gender crimes, 61, 244
Statute of limitations, 86 as limited purpose mechanism, 43
and Nuremberg principles, 31
Statute of the ICC. See International Criminal
outreach, 64
Court, Rome Statute of
Steiner, Sylvia, 215 Registrar of, 49
Sudan, 83, See also Darfur; Arbour, Louise; rules of procedure and evidence, 57
and U.N. Security Council, 47
Cassese, Antonio
303
Index

and U.S. initiative on Darfur, 229 Charter of, 26
ICTY, 31 Food and Agriculture Organization, 70
“bottom-up” strategy, 117, 195 General Assembly
budget, 56 as source of International Law
Commission work topics, 27
convergence of international and
internal conflict law, 75 General Assembly adopts Genocide
creation of, 43 Convention, 25
gender crimes, 61 Office for the Coordination of
and NATO bombing of Serbia, 63 Humanitarian Affairs, 198
outreach program initiated, 62 Office of Internal Oversight Services, 49
referral of cases to local courts, 51 peacekeeping and neutrality, 214
rules of procedure and evidence, 60 Reform summit, 177
speed compared to ICC, 102 Security Council
status conferences, 125 and ad hoc Tribunals, 8, 31, 42
Tadic compared to Lubanga, 220 and ad hoc Tribunals™ completion
witnesses, 131 strategies, 57
Jurisdictional primacy of, 81 and crime of aggression, 74, 186
Organizational structure and ICC, 45 Economic sanctions and Commission on
Outreach, 133 Darfur, 175
Prosecutor, 49 power to refer conflict to ICC, 78
Rules adopted from U.S., 59 power to suspend ICC investigation, 84
Rules leading to ICC innovations, 54 Presidential Statement on Darfur, 228
Rules of Procedure and Evidence, 45, 131 referral of Sudan situation, 230
Selecting judges for, 52 tribunal fatigue, 58
Trinidad and Tobago, 37, 106 U.S. threat to withhold dues, 176
Truth commissions, 30, 257 United Nations Commission for the
as restorative justice mechanisms, 36 Investigation of War Crimes, 24
Turkey, 21 United Nations Mission in the Democratic
Tutu, Desmond, 184 Republic of the Congo (MONUC), 211
United States, 24
ad hoc Tribunals, 48, 56, 59
Uganda, 30, See also Kony, Joseph; Lord™s
Bilateral Immunity Agreements, 166
Resistance Army; Museveni, Yoweri
Charles Taylor transfer to The Hague, 178
arrest warrants for LRA leadership, 118
contribution to ICC Rules of Procedure
common law jurisdiction, 133
and Evidence and Elements of Crimes,
ICC field office in, 156
172
scale of emergency in, 196
establishment of post-WWII war crimes
self-referral to ICC, 116, 198
tribunal, 24
Uganda People™s Defense Forces, 158, 206
ICC crime of aggression, 186
Ung Boun-Hor, Billon, 155
ICC jurisdiction principles, 79

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