International Criminal Court Act 2011

State:Mauritius
Date: July 26, 2011
Language:English
Status:Enacted
Version:PDF

Relevant Keywords

Abetting
Admissibility challenge - State investigation or prosecution
Admissibility challenge - competing request
Admissibility challenge - ne bis in idem
Admissibility challenge - ne bis in idem - consultations with the Court
Admissibility of evidence - national proceedings
Aiding
Any other form of sexual violence - IAC
Any other form of sexual violence - NIAC
Any other form of sexual violence - crimes against humanity
Any other information relevant for the assistance sought
Apartheid - crimes against humanity
Appeal against other decisions - ICC proceedings
Appeal against other decisions - national proceedings
Appeal relating to a decision granting or denying release of the person being investigated or prosecuted - national proceedings
Applicability
Applicable penalties - ICC proceedings
Arrest
Arrest for ICC proceedings - national procedures
Arrest for ICC proceedings - obligation
Assistance of States in the attendance and testimony of witnesses and production of documents
Assisting
Attacking or bombarding towns, villages, dwellings or buildings which are undefended and which are not military objectives - IAC
Attempt
Availability of additional procedures
Availability of procedures under national law
Awareness of conflict - crimes against humanity
Biological experiments - IAC
Capacity to contract, acquire and dispose of immovable and movable property and participate in legal proceedings - APIC
Causing serious bodily or mental harm to members of the group
Change in designation of State of enforcement
Civilian population - crimes against humanity
Command responsibility - national proceedings
Commission through another person
Common purpose
Communication with the ICC
Compelling a prisoner of war to serve in the forces of a hostile power - IAC
Compelling a protected person to serve in the forces of a hostile power - IAC
Compelling nationals of hostile party to take part in operations of war against their own country - IAC
Competent national authority
Competent national judicial authority
Competing request
Competing request - case inadmissible - notification of decision
Competing request - different conduct
Competing request - different conduct - international obligation to extradite
Competing request - different conduct - no obligation to extradite
Competing request - same conduct
Competing request - same conduct - State not Party
Competing request - same conduct - State not Party - international obligation
Competing request - same conduct - State not Party - no international obligation - case admissible
Competing request - same conduct - State not Party - no international obligation - pending admissibility decision
Competing request - same conduct - State party
Competing request - same conduct - State party - case admissible
Competing request - same conduct - State party - pending admissibility decision
Complementarity
Conditions attached to the willingness to accept sentenced persons
Confidentiality
Confidentiality re documents and information
Confidentiality re national security
Conflict with existing fundamental legal principle of general application - consultations with the Court
Conscripting children under 15 into armed forces or groups - NIAC
Conscripting children under 15 into the national armed forces - IAC
Consent to surrender
Conspiracy
Consultations with the Court
Contents of request
Contents of request - national law requirements
Contents of request - other forms of assistance
Contents of request for arrest and surrender
Contents of request for arrest and surrender - national law requirements
Contents of request for provisional arrest
Contribution
Cooperation of State
Cooperation under procedures of national law
Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence
Costs
Crimes against humanity
Criminal responsibility of legal persons
Cruel treatment - NIAC
Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of a hostile party - IAC
Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
Denial of quarter - IAC
Denial of quarter - NIAC
Deportation of population - crimes against humanity
Destroying or seizing the enemy's property unless imperative - IAC
Detention during transit
Detention pending surrender
Determination of sentence - national proceedings
Direct execution of request on State territory in other cases
Direct execution of requests on State territory
Discharge
Discharge - insufficient evidence
Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices - IAC
Employing bullets which flatten or expand - IAC
Employing poison or poisoned weapons - IAC
Employing weapons, projectiles and materials and methods of warfare which are inherently indiscriminate - IAC
Employing weapons, projectiles and materials and methods of warfare which cause superfluous injury or unnecessary suffering - IAC
Enforced disappearance - crimes against humanity
Enforced prostitution - IAC
Enforced prostitution - NIAC
Enforced prostitution - crimes against humanity
Enforced sterilisation - IAC
Enforced sterilisation - NIAC
Enforced sterilisation - crimes against humanity
Enforcement of fines
Enforcement of forfeiture orders
Enforcement of national penalties - conditions of imprisonment
Enforcement of national penalties - fines
Enforcement of sentence of imprisonment
Enforcement of sentences imposed
Enlisting children under 15 into armed forces or groups - NIAC
Enlisting children under 15 into the national armed forces - IAC
Enslavement - crimes against humanity
Entry into force
Escape
Escape - ICC proceedings
Examination of places or sites
Examination of places or sites - national procedures for ICC proceedings
Examination of witnesses - national procedures for ICC proceedings
Examination of witnesses - national proceedings
Execution of requests for assistance (under Articles 93 and 96) in accordance with national law
Extensive appropriation of property - IAC
Extensive destruction of property - IAC
Extermination - crimes against humanity
Facilitating voluntary appearance of persons
Facilitating voluntary appearance of persons - national procedures for ICC proceedings
Fair trial standards
Forced pregnancy - IAC
Forced pregnancy - NIAC
Forced pregnancy - crimes against humanity
Forcible transfer of population - crimes against humanity
Forcibly transferring children of the group to another group
Forfeiture of assets
Forfeiture of assets - national procedures for ICC proceedings
Freezing of assets - national procedures for ICC proceedings
Gender
Genocide
Giving false testimony
Grave breaches - IAC
Humiliating and degrading treatment - IAC
Humiliating and degrading treatment - NIAC
ICC privileges and immunities
ICC sitting in State territory
Identification and whereabouts of persons
Identification and whereabouts of persons - national procedures for ICC proceedings
Identification of assets
Identification of assets - national procedures for ICC proceedings
Immunity
Immunity - national proceedings
Immunity - representatives of States participating in the Assembly and its subsidiary organs and representatives of intergovernmental organisations - APIC
Immunity - representatives of States participating in the proceedings of the Court - APIC
Impeding, intimidating or corruptly influencing an official of the Court
Imposing measures intended to prevent births within the group
Imprisonment - crimes against humanity
Improper use of a flag of truce - IAC
Improper use of the emblems of the Geneva Conventions - IAC
Improper use of the flag of the United Nations - IAC
Improper use of the military insignia and uniform of the United Nations - IAC
Improper use of the military insignia and uniform of the enemy - IAC
Incitement
Incitement to genocide
Individual criminal responsibility
Individual criminal responsibility - other form of assistance
Inducing
Information re location or identification of person or place required for assistance
Information required under the law of the requested State
Inhuman treatment - IAC
Intent - ICC proceedings
Intent - national proceedings
Intent to destroy, in whole or in part, a national, ethnical, racial or religious group
Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected
Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected - IAC
Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected - NIAC
Intentionally directing attacks against buildings, material, medical units and transport using the emblems of the Geneva Conventions - IAC
Intentionally directing attacks against buildings, material, medical units and transport using the emblems of the Geneva Conventions - NIAC
Intentionally directing attacks against civilian objects - IAC
Intentionally directing attacks against individual civilians not taking part in hostilities - IAC
Intentionally directing attacks against individual civilians not taking part in hostilities - NIAC
Intentionally directing attacks against installations, material, medical units or vehicles involved in humanitarian assistance
Intentionally directing attacks against installations, material, medical units or vehicles involved in humanitarian assistance - NIAC
Intentionally directing attacks against installations, material, units or vehicles involved in a peacekeeping mission in accordance with the Charter of the United Nations
Intentionally directing attacks against installations, material, units or vehicles involved in a peacekeeping mission in accordance with the Charter of the United Nations - IAC
Intentionally directing attacks against installations, material, units or vehicles involved in a peacekeeping mission in accordance with the Charter of the United Nations - NIAC
Intentionally directing attacks against personnel involved in a peacekeeping mission in accordance with the Charter of the United Nations - IAC
Intentionally directing attacks against personnel involved in a peacekeeping mission in accordance with the Charter of the United Nations - NIAC
Intentionally directing attacks against personnel involved in humanitarian assistance - IAC
Intentionally directing attacks against personnel involved in humanitarian assistance - NIAC
Intentionally directing attacks against personnel using the emblems of the Geneva Conventions
Intentionally directing attacks against personnel using the emblems of the Geneva Conventions - IAC
Intentionally directing attacks against personnel using the emblems of the Geneva Conventions - NIAC
Intentionally directing attacks against the civilian population - IAC
Intentionally launching attacks that will cause environmental damage - IAC
Intentionally launching attacks that will cause incidental damage to civilian objects - IAC
Intentionally launching attacks that will cause incidental loss of life or injury to civilians - IAC
Intentionally starving as method of warfare - IAC
Interim release pending surrender
Joint commission
Jurisdiction
Jurisdiction of custodial State or State where present
Jurisdiction ratione temporis
Killing members of the group
Killing or wounding a combatant who has laid down his arms and surrendered at discretion - IAC
Killing or wounding a combatant who no longer has means of defence and has surrendered at discretion - IAC
Killing or wounding treacherously a combatant adversary - NIAC
Killing or wounding treacherously individuals belonging to the hostile nation or army - IAC
Knowledge - ICC proceedings
Knowledge - national proceedings
Knowledge of the attack - crimes against humanity
Language
Legal Aid
Location of items
Location of items - national procedures for ICC proceedings
Manifestly unlawful order
Medical experiments
Medical experiments - IAC
Medical experiments - NIAC
Mental element
Mitigating factors - national proceedings
Murder - NIAC
Murder - crimes against humanity
Mutilation - IAC
Mutilation - other serious violations of laws and customs of war - NIAC
Mutilation - serious violation of Common Article 3 - NIAC
National penalties - crimes against humanity
National penalties - genocide
National penalties - maximum penalty
National penalties - national proceedings
National penalties - offences against the administration of justice
National penalties - war crimes
National procedures for execution of cooperation request
National procedures for execution of requests for other forms of cooperation
National procedures for temporary transfer for purposes of identification, for obtaining testimony or other assistance
National procedures re enforcement of sentences imposed
National prosecution for offences against the administration of justice
Nationality jurisdiction - national proceedings
Ne bis in idem
Ne bis in idem - ICC
Ne bis in idem - State's own court
Ne bis in idem - foreign court
Ne bis in idem - other international court or tribunal
Non-modification of sentence by State
Not affording judicial guarantees to the passing of sentences and the carrying out of executions - NIAC
Notification of competing request
Obligation of host State to enforce sentences
Obligation to cooperate
Obligations arising out of State or diplomatic immunity
Obligations towards the sending State
Offences against administration of justice
Ordering
Ordering displacement of the civilian population - NIAC
Other forms of cooperation
Other inhumane acts - crimes against humanity
Other serious violations of the laws and customs - NIAC
Other types of assistance
Other types of assistance - national procedures for ICC proceedings
Other types of assistance - specified conditions, alternative manner or later date
Outrages upon personal dignity - IAC
Outrages upon personal dignity - NIAC
Passive personality jurisdiction
Persecution - crimes against humanity
Persecution against any identifiable collectivity on other grounds universally recognised as impermissible under international law - crimes against humanity
Persecution against any identifiable collectivity on political, racial, national, ethnic, cultural, religious, or gender grounds - crimes against humanity
Persecution against any identifiable group on other grounds universally recognised as impermissible under international law - crimes against humanity
Persecution against any identifiable group on political, racial, national, ethnic, cultural, religious, or gender grounds - crimes against humanity
Pillaging - IAC
Pillaging - NIAC
Postponement - admissibility challenge
Postponement - ongoing investigation or prosecution
Postponement of execution of ICC request
Presenting false or forged evidence
Privileges and Immunities - Deputy Registar, staff of the Office of the Prosecutor and staff of the Registry - APIC
Privileges and Immunities - Judges, Prosecutor, Deputy Prosecutors and Registar - APIC
Privileges and immunities – counsel and persons assisting defence counsel – APIC
Privileges and immunities – experts – APIC
Privileges and immunities – other persons required to be present at the seat of the Court – APIC
Privileges and immunities – victims – APIC
Privileges and immunities – witnesses – APIC
Procedure for witness testimony - national proceedings
Proceeds of crimes
Production of evidence
Production of evidence - authority - ICC proceedings
Production of evidence - national procedures for ICC proceedings
Production of evidence - national proceedings
Prohibited weapons
Prohibited weapons - NIAC
Protection of national security
Providing means
Provision of records and documents
Provision of records and documents - national procedures for ICC proceedings
Provisional arrest
Provisional arrest - consent to surrender
Provisional arrest - detention pending surrender
Provisional arrest for ICC proceedings - national procedures
Questioning of persons
Questioning of persons - national procedures for ICC proceedings
Rape - IAC
Rape - NIAC
Rape - crimes against humanity
Reasons for and details of procedure or requirement to be followed
Refusal of ICC request
Refusal of ICC request - competing request
Request by State for ICC assistance
Request for arrest and surrender
Request for other forms of cooperation
Request for provisional arrest
Request for transit
Residence Jurisdiction
Retaliating against an official of the Court
Rights during investigation - access to interpreter and translation if questioned in other language
Rights during investigation - arbitrary arrest or detention and deprivation of liberty
Rights during investigation - informed of belief that crime has been committed
Rights during investigation - legal assistance
Rights during investigation - not to be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment
Rights during investigation - questioned in presence of counsel
Rights during investigation - remain silent
Rights during investigation - self incrimination
Rights during trial - counsel of accused's choosing
Rights during trial - raise defences
Rights during trial - unsworn oral or written statement in defence
Scientific experiments - IAC
Search and seizure
Search and seizure - authority - ICC proceedings
Search and seizure - national procedures for ICC proceedings
Seizure of assets
Seizure of assets - national procedures for ICC proceedings
Sentencing - national procedures for national proceedings
Serious violations of Common Article 3 - NIAC
Service of documents
Service of documents - national procedures for ICC proceedings
Severe deprivation of physical liberty - crimes against humanity
Sexual slavery - IAC
Sexual slavery - NIAC
Sexual slavery - crimes against humanity
Soliciting
State appeal and revision of sentence
State privileges and immunities
Statement of facts underlying the request
Statement of purpose of request and assistance sought
Statute of limitations
Statute of limitations - national proceedings
Superior / subordinate relationship (civilian) - national proceedings
Superior / subordinate relationship (military) - national proceedings
Superior orders - ICC proceedings
Superior orders - national proceedings
Superior responsibility - national proceedings
Surrender
Taking of evidence
Taking of evidence - authority - ICC proceedings
Taking of evidence - national procedures for ICC proceedings
Taking of evidence - national proceedings
Taking of hostages - IAC
Taking of hostages - NIAC
Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - national procedures for ICC proceedings
Torture - IAC
Torture - NIAC
Torture - crimes against humanity
Transfer of fines to the ICC
Transfer of forfeitures to the ICC
Transfer of sentenced person to another State
Transferring own civilians into occupied territory - IAC
Transferring population of an occupied territory - IAC
Transit proceedings
Transportation and transit through State territory for surrender
Unlawful confinement - IAC
Unlawful deportation - IAC
Unlawful transfer - IAC
Using children under 15 to participate actively in hostilities - IAC
Using children under 15 to participate actively in hostilities - NIAC
Utilising the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations - IAC
Victims' protection
Victims' protection - national procedures for ICC proceedings
Victims' rights
Victims' rights - national proceedings
Violations of laws and customs - IAC
War crimes
Widespread or systematic attack - crimes against humanity
Wilful killing - IAC
Wilfully causing great suffering - IAC
Wilfully causing serious injury to body - IAC
Wilfully causing serious injury to health - IAC
Wilfully depriving a prisoner of war of the rights of fair and regular trial - IAC
Wilfully depriving a protected person of the rights of fair and regular trial - IAC
Wilfulness - war crimes
Willingness to accept sentenced persons
Witness protection
Witness protection - national procedures for ICC proceedings
Witnesses' rights
Witnesses' rights - national proceedings