CONTENTS. (i)andü) (bme) XVII M. CherifBassioimi XXV M. CherifBassioimi XXIX Philippe Kirsch XXXIII Philippe Kirsch XXXVII
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1 CONTENTS Table of Abbreviations Preface to the Second Edition Preface to the First Edition Introduction to the Second Edition Introductidn to the First Edition XVII M. CherifBassioimi XXV M. CherifBassioimi XXIX Philippe Kirsch XXXIII Philippe Kirsch XXXVII PREAMBLE Morten Bergsmo/Otto Triffterer 1 PART 1. ESTABLISHMENT OF THE COURT Preliminary Remarks: The Permanent International Criminal Court - Ideal and Reality The Court Article 1 Article 2 Article 3 Article 4 Relationship of the Court with Seat of the Court Legal Status and powers of the the United Nations Court Otto Triffterer Otto Triffterer Antonio Marchesi Gerard A.M. Strijards Wiebke Rücken PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW Article 5 Article 6 Article 7 Article 8 Crimes within the jurisdiction of the Court Genocide Crimes against humanity para. 1 "Chapeau" para. 1 (a)-(f) (g) Machteid Boot, revised by (h) M. Boot/C. K. Hall, revised by (i)andü) (k) Machteid Boot, revised by para. 2 (a) Rodney Dixon, revised by (bme) (f) and (g) Machteid Boot, revised by (h) and (i) para. 3 Machteid Boot, revised by War crimes para. 1 Michael Cottier para. 2 (a) para. 2 (b) Preliminary Remarks (i) (ü) ü\\) Rodney Dixon, Andreas Zimmermann William A. Schabas revised by Knut Dörmann Michael Cottier Knut Dörmann Knut Därmann Michael Cottier XI Bibliografische Informationen digitalisiert durch
2 (iv) Roberta Arnold 338 (v) Roberta Arnold 341 (vi) Michael Cottier 344 (vii) Michael Cottier 350 (viii) Michael Cottier 362 (ix) Roberta Arnold 375 (x) Andreas Zimmermann 380 (xi) Michael Cottier 383 (xii) Michael Cottier 391 (xiii) Andreas Zimmermann 395 (xiv) Michael Cottier 400 (xv) Michael Cottier 405 (xvi) Andreas Zimmermann 408 (xvii)-(xx) Michael Cottier 410 (xxi) Patricia Viseur Seilers/Elizabeth Bennion 425 (xxii) Michael Cottier 431 (xxiii) Roberta Arnold 454 (xxiv) Roberta Arnold 456 (xxv) Michael Cottier 458 (xxvi) Michael Cottier 466 (c)-{f) Andreas Zimmermann 475 para. 3 Andreas Zimmermann 502 Article 9 Elements of Crimes Erkin Gadirov, revised by Roger S. Clark 505 Article 10 [ ] Otto Triffterer 531 Article 11 Jurisdiction ratione temporis Sharon A. Williams 539 Article 12 Preconditions to the exercise of jurisdiction Sharon A. Williams/William A. Schabas 547 Article 13 Exercise of jurisdiction Sharon A. Williams/William A. Schabas 563 Article 14 Referral of a Situation by a State Party Antonio Marchesi 575 Article 15 Prosecutor Morten Bergsmo/Jelena Pejic 581 Article 16 Deferral of investigation or prosecution Morten Bergsmo/Jelena Pejic 595 Article 17 Issues of admissibility Sharon A. Williams/William A. Schabas 605 Article 18 Preliminary rulings regarding admissibility Daniel D. Ntanda Nsereko 627 Article 19 Challenges to the jurisdiction of the Court or the admissibility of a case 637 Article 20 Ne bis in idem Immi Tallgren/Astrid Reisinger Coracini 669 Article 21 Appücable law Margaret McAuliffe deguzman 701 PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW Article 22 Nullum crimen sine lege Bruce Broomhall 713 Article 23 Nulla poena sine lege William A. Schabas 731 Article 24 Non-retroactivity ratione personae Raul C. Pangalangan 735 Article 25 Individual criminal responsibility Kai Ambos 743 XII
3 Article 26 Exclusion of jurisdiction over persons under eighteen Roger S. Clark/Otto Triffterer 771 Article 27 Irrelevance of official capacity Otto Triffterer 779 Article 28 Responsibility of Commanders and other superiors Roberta Arnold/Otto Triffterer 795 Article 29 Non-applicability of Statute of limitations William A. Schabas 845 Article 30 Mental element Donald K. Piragoff/Darryl Robinson 849 Article 31 Grounds for excluding criminal responsibility Albin Eser 863 Article 32 Mistake of fact or mistake of law Otto Triffterer 895 Article 33 Superior Orders and prescription of law Otto Triffterer 915 PART 4. COMPOSITION AND ADMINISTRATION OF THE COURT Article 34 Organs of the Court Karim A.A. Khan 931 Article 35 Service of judges Zhu Wen-qi/Sureta Ghana 937 Article 36 Qualifications, nomination and election of judges Zhu Wen-qi/Sureta Chana 941 Article 37 Judicial vacancies Zhu Wen-qi/Sureta Chana 949 Article 38 The Presidency Jules Deschenesf/Christopher Staker 951 Article 39 Chambers Jules Deschenesf/Christopher Staker 957 Article 40 Independence of the judges Jules Deschenesf/Christopher Staker 961 Article 41 Excusing and disqualification of judges Jules Deschenesf/Christopher Staker 967 Article 42 The Office of the Prosecutor Morten Bergsmo/Frederik Harhojf 971 Article 43 The Registry David Tolbert 981 Article 44 Staff David Tolbert/Brigitte Benoit 993 Article 45 Solemn undertaking David Tolbert/Brigitte Benoit 1001 Article 46 Removal from office David Tolbert/Brigitte Benoit 1003 Article 47 Disciplinary measures David Tolbert/Brigitte Benoit 1011 Article 48 Privileges and immunities David Tolbert/Brigitte Benoit 1013 Article 49 Salaries, allowances and expenses David Tolbert/Magdalini Karagiannakis 1021 Article 50 Official and vvorking languages David Tolbert/Magdalini Karagiannakis 1025 Article 51 Rules of Procedure and Evidence Bruce Broomhall 1033 Article 52 Regulations of the Court Hans-Jörg Behrens/Christopher Staker 1053 PART 5. INVESTIGATION AND PROSECUTION Article 53 Initiation of an investigation Morten Bergsmo/Pieter Krtiger 1065 Article 54 Duties and powers of the Prosecutor with respect to investigations Morten Bergsmo/Pieter Kniger 1077 Article 55 Rights of persons during an investigation 1089 Article 56 Role of the Pre-Trial Chamber in relation to a unique investigative opportunity Fabricio Guariglia/Gudnin Hochmayr 1107 Article 57 Functions and powers of the Pre-Trial Chamber Fabricio Guariglia/Kenneth Harris/Gudrun Hochmayr 1117 Article 58 Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear 1133 XIII
4 Article 59 Arrest proceedings in the custodial State 1147 Article 60 Initial proceedings before the Court Karim A.A. Khan 1159 Article 61 Confirmation of the charges before trial Kuniji Shibahara/William A. Schabas 1171 PART 6. THE TRIAL Article 62 Place of trial Otto Triffterer 1183 Article 63 Trial in the presence of the accused William A. Schabas 1191 Article 64 Functions and powers of the Trial Chamber Gilbert Bitti 1199 Article 65 Proceedings on an admission of guilt Fabricio Guariglia/Gudrun Hochmayr 1219 Article 66 Presumption of innocence William A. Schabas 1233 Article 67 Rights of the accused William A. Schabas 1247 Article 68 Protection of the victims and witnesses and their participation in the proceedings David Donat-Cattin 1275 Article 69 Evidence Donald K. Piragoff 1301 Article 70 Offences against the administration of justice Donald K. Piragoff 1337 Article 71 Sanctions for misconduct before the Court Otto Triffterer 1347 Article 72 Protection of national security information Rodney Dixon/Helen Duffy, revised by 1361 Article 73 Third-party information or documents Helen Duffy, revised by 1379 Article 74 Requirements for the decision Otto Triffterer 1387 Article 75 Reparations to victims David Donat-Cattin 1399 Article 76 Sentencing William A. Schabas 1413 PART 7. PENALTIES Article 77 Applicable penalties Rolf Einar Fife 1419 Article 78 Determination of the sentence MarkJennings 1433 Article 79 Trust Fund MarkJennings 1439 Article 80 Non-prejudice to national application of penalties and national laws Rolf Einar Fife 1443 PART 8. APPEAL AND REVISION Article 81 Appeal against decision of acquittal or conviction or against sentence Christopher Staker 1449 Article 82 Appeal against other decisions Christopher Staker 1475 Article 83 Proceedings on appeal Christopher Staker 1481 Article 84 Revision of conviction or sentence Christopher Staker 1487 Article 85 Compensation to an arrested or convicted person Christopher Staker 1499 PART 9. INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE (Coordination Claus Kreß) Preliminary Remarks Claus Kreß/Kimberly Prost/Peter Wilkitzki 1503 XIV
5 Article 86 General Obligation to cooperate Claus Kreß/Kimberly Prost 1513 Article 87 Requests for cooperation: general provisions Claus Kreß/Kimberly Prost 1517 Article 88 Availability of procedures under national law Claus Kreß/Kimberly Prost 1533 Article 89 Surrender of persons to the Court Claus Kreß/Kimberly Prost 1537 Article 90 Competing requests Claus Kreß/Kimberly Prost 1549 Article 91 Contents of request for arrest and surrender Claus Kreß/Kimberly Prost 1559 Article 92 Provisional arrest Claus Kreß/Kimberly Prost 1565 Article 93 Other forms of cooperation Claus Kreß/Kimberly Prost 1569 Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution Claus Kreß/Kimberly Prost 1589 Article 95 Postponement of execution of a request in respect of an admissibility challenge Claus Kreß/Kimberly Prost 1593 Article 96 Contents of request for other forms of assistance under article 93 Claus Kreß/Kimberly Prost 1595 Article 97 Consultations Claus Kreß/Kimberly Prost 1599 Article 98 Cooperation with respect to waiver of immunity and consent to surrender Claus Kreß/Kimberly Prost 1601 Article 99 Execution of requests under articles 93 and 96 Claus Kreß/Kimberly Prost 1621 Article 100 Costs Claus Kreß/Kimberly Prost 1631 Article 101 Rule of speciality Peter Wilkitzki 1635 Article 102 Use of terms Claus Kreß/Kimberly Prost 1645 PART 10. ENFORCEMENT Article 103 Role of States in enforcement of sentences of imprisonment Gerard A.M. Strijards 1647 Article 104 Change in designation of State of enforcement Gerard A.M. Strijards 1659 Article 105 Enforcement of the sentence Roger S. Clark 1661 Article 106 Supervision of enforcement of sentences and conditions of imprisonment Roger S. Clark 1663 Article 107 Transfer of the person upon completion of sentence Roger S. Clark 1667 Article 108 Limitation on the prosecution or punishment of other offences Williarn A. Schabas 1671 Article 109 Enforcement offines and forfeiture measures William A. Schabas 1677 Article 110 Review by the Court concerning reduction of sentence Gerard A.M. Strijards 1683 Article! 11 Escape Gerard A.M. Strijards 1685 PART 11. ASSEMBLY OF STATES PARTIES Article 112 Assembly of States Parties S. Rama Rao 1687 PART 12. FINANCING Article 113 Financial Regulations S. Rama Rao 1699 Article 114 Payment of expenses S. Rama Rao 1703 Article 115 Funds of the Court and of the Assembly of States Parties Maarten Halff/David Tolbert 1705 Article 116 Voluntary contributions Maarten HaljJ/David Tolbert 1715 XV
6 Article 117 Assessment of contributions Article 118 Annual audit M m Halff/David Tolbert S. Rama Rao PART 13. FINAL CLAUSES Preliminary Remarks Article 119 Settlement of disputes Article 120 Reservations Article 121 Amendments Article 122 Amendments to provisions of an institutional nature Article 123 Review of the Statute Article 124Transitional Provision Article 125 Signature, ratification, acceptance, approval or accession Article 126Entry into force Article 127 Withdrawal Article 128 Authentic texts Roger S. Clark Gerhard Hafner Roger S. RogerS. RogerS. Clark Clark Clark Andreas Zimmermann Roger S. Clark ANNEX I. Rules of Procedure and Evidence II. Elements of Crimes III. Regulations of the Court XVI
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