| Introduction |
|
1 | (9) |
|
0.1 Understanding Multi-Actor Human Rights Protection at the ICC |
|
|
3 | (4) |
|
0.2 Approach and Structure |
|
|
7 | (3) |
|
1 The Human Rights Obligations of the ICC |
|
|
10 | (17) |
|
1.1 Within the Rome Statute Protection Framework |
|
|
11 | (9) |
|
1.2 Beyond the Rome Statute Protection Framework |
|
|
20 | (2) |
|
1.3 The Limits of the ICC's Human Rights Law Obligations |
|
|
22 | (2) |
|
1.4 The Approach to the ICC's Obligations Adopted in Parts I and II |
|
|
24 | (1) |
|
|
|
25 | (2) |
|
PART I Multi-Actor Human Rights Protection: The ICC and States Parties |
|
|
27 | (110) |
|
2 The Human Rights Obligations of States Parties to the Rome Statute |
|
|
29 | (10) |
|
2.1 Within the Rome Statute Protection Framework |
|
|
29 | (1) |
|
2.2 Human Rights Obligations in Particular Provisions |
|
|
30 | (4) |
|
2.3 Beyond the Rome Statute Protection Framework |
|
|
34 | (1) |
|
2.4 Obligations of States Not Party to the Rome Statute |
|
|
35 | (3) |
|
|
|
38 | (1) |
|
3 Suspects, Accused, Convicted, and Acquitted |
|
|
39 | (62) |
|
|
|
40 | (8) |
|
|
|
48 | (17) |
|
3.3 Interim Release prior to and during ICC Proceedings |
|
|
65 | (13) |
|
3.4 Treatment in the Enforcement State |
|
|
78 | (15) |
|
3.5 Acquittal and Release |
|
|
93 | (6) |
|
|
|
99 | (2) |
|
|
|
101 | (36) |
|
4.1 Witnesses Located in the Situation State |
|
|
102 | (18) |
|
4.2 Relocating Witnesses to a Third State |
|
|
120 | (13) |
|
|
|
133 | (4) |
|
PART II Multi-Actor Human Rights Protection: The ICC and Its Host State |
|
|
137 | (70) |
|
5 The Human Rights Obligations of the ICC Host State |
|
|
139 | (7) |
|
5.1 Within the Rome Statute Protection Framework |
|
|
140 | (1) |
|
5.2 Beyond the Rome Statute Protection Framework |
|
|
140 | (4) |
|
|
|
144 | (2) |
|
6 Accused, Convicted, and Acquitted |
|
|
146 | (18) |
|
|
|
146 | (3) |
|
6.2 Removal to the Enforcement State |
|
|
149 | (6) |
|
6.3 Acquittal and Release |
|
|
155 | (7) |
|
|
|
162 | (2) |
|
7 Detained and Non-Detained Witnesses |
|
|
164 | (43) |
|
7.1 Detained Witnesses: Right to Life, Protection from Inhuman Treatment, and Fair Trial |
|
|
166 | (17) |
|
7.2 Detained Witnesses: Right to Liberty |
|
|
183 | (14) |
|
7.3 Non-Detained Witnesses |
|
|
197 | (6) |
|
|
|
203 | (4) |
|
PART III Evaluation and Proposals |
|
|
207 | (35) |
|
8 Evaluation and Proposals for Change |
|
|
209 | (28) |
|
8.1 Summary of the Problems Identified in the Situations of Multi-Actor Human Rights Protection |
|
|
210 | (3) |
|
|
|
213 | (10) |
|
8.3 Practical Solutions for Particular Problems |
|
|
223 | (3) |
|
8.4 Mechanism for Choosing between Actors |
|
|
226 | (4) |
|
8.5 Mechanism to Pinpoint a Volunteer State |
|
|
230 | (3) |
|
8.6 Reasons for States to Volunteer |
|
|
233 | (2) |
|
|
|
235 | (2) |
|
|
|
237 | (5) |
| Bibliography |
|
242 | (21) |
| Index |
|
263 | |