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<<previous | index | next>> ALPHABETICAL INDEXA Accused not testifying, not aggravating factor, sentencing Active and direct criminal participation, aggravating factor, sentencing Acts of the accused form part of the attack, crimes against humanity Actual knowledge, mental state, command responsibility Affirmative defenses Affirmative defenses, diminished mental responsibility not a defense Affirmative defenses, duress does not afford a complete defense Affirmative defenses, involvement in defensive operation not a defense Affirmative defenses, tu quoque principle rejected Age, mitigating factor, sentencing Aggravating factors, sentencing Aiding and abetting, defined Aiding and abetting, difference between “aiding and abetting” and “participation in a joint criminal enterprise” Aiding and abetting, generally Aiding and abetting, mental state Aiding and abetting, the act (actus reus), individual responsibility Armed conflict, crimes against humanity Armed conflict, war crimes, Article 2 Armed conflict, war crimes, Article 3 Attack must be “directed against any civilian population,” crimes against Attack must be “widespread or systematic,” crimes against humanity Attack must have occurred, crimes against humanity Assistance to detainees, mitigating factor, sentencing B C Causing serious bodily or mental harm to members of the group, genocide Character of accused, aggravating factor, sentencing Character of accused, mitigating factor, sentencing Charging, convictions and sentencing Circumstances of offenses, aggravating factor, sentencing Civilian detainee, aggravating factor, sentencing “Civilian population,” crimes against humanity Command responsibility, Article 7(3) Command responsibility, elements Command responsibility, failure of superior to take measures to prevent Command responsibility, mental state Command responsibility, statute Command responsibility, superior-subordinate relationship Command responsibility, superior responsibility is not a form of strict Committing, generally Committing, individual responsibility for Committing, mental state (mens rea) Committing, the act (actus reus) Common purpose doctrine/joint criminal enterprise, difference between a joint criminal enterprise Common purpose doctrine/joint criminal enterprise, elements Common purpose doctrine/joint criminal enterprise, generally Common purpose doctrine/joint criminal enterprise, individual Common purpose doctrine/joint criminal enterprise, mental state Consistency of sentences yet individualized sentencing Contempt proceedings, ethics Cooperation of accused, mitigating factor, sentencing Credit given for time in detention pending trial, sentencing Crimes against humanity, acts of the accused must form part of the attack Crimes against humanity, armed conflict required Crimes against humanity, Article 5 Crimes against humanity, attack must be “directed against any civilian Crimes against humanity, attack must be “widespread or systematic” Crimes against humanity, attack required Crimes against humanity, elements Crimes against humanity, enslavement Crimes against humanity, extermination Crimes against humanity, imprisonment Crimes against humanity, mental state Crimes against humanity, murder Crimes against humanity, other inhumane acts Crimes against humanity, persecution Crimes against humanity, rape Crimes against humanity, statute Crimes against humanity, torture Crimes against humanity, underlying offenses Cruel and inhuman treatment, generally, war crimes, Article 2 Cruel treatment, war crimes, Article 2 Cruel treatment, war crimes, Article 3 Cumulative charging and convictions D Date of judgment, sentence to run from, sentencing Deliberately inflicting on the group conditions of life calculated to Destruction or willful damage to institutions dedicated to religion or Diminished mental responsibility, mitigating factor, sentencing Diminished mental responsibility, not a defense “Directed against” any civilian population, crimes against humanity Discretion to impose life imprisonment, sentencing Discriminatory state of mind, aggravating factor, sentencing Double jeopardy, sentencing Duress does not afford a complete defense Duress, mitigating factor, sentencing E Egregious nature of how crime was committed, aggravating factor, Enslavement, crimes against humanity Equality of arms principle Ethics Ethics, contempt proceedings Ethics, impartiality of judges Examples of persecution, crimes against humanity Existence of an armed conflict, war crimes, Article 2 Extensive destruction of property not justified by military necessity, Extermination, crimes against humanity F Factors for assessing gravity of crimes, sentencing Failure of superior to take measures to prevent or punish, command Forcibly transferring children of one group to another group, genocide G Genocide, Article 4 Genocide, causing serious bodily or mental harm to members of the group Genocide, definition Genocide, deliberately inflicting on the group conditions of life calculated Genocide, forcibly transferring children of one group to another group Genocide, imposing measures intended to prevent births within the group Genocide, killing members of the group Genocide, mental state Genocide, statute Genocide, underlying offenses Goal of penalties, sentencing Guilty plea including remorse and reconciliation, mitigating factor, Guilty plea, test for accepting plea H I Impartiality of judges Imposing measures intended to prevent births within the group, genocide Imprisonment, crimes against humanity Indirect or forced participation, mitigating factor, sentencing Individual responsibility, aiding and abetting Individual responsibility, Article 7(1) Individual responsibility, committing Individual responsibility, difference between “aiding and abetting” and Individual responsibility, generally Individual responsibility, instigating Individual responsibility, joint criminal enterprise/the common purpose Individual responsibility, ordering Individual responsibility, planning Individual responsibility, statute Informed, guilty plea must be Inherent jurisdiction of tribunal to deal with contempt, contempt Inhuman treatment, war crimes, Article 2 Instigating, generally, individual responsibility Instruments governing penalties, sentencing/penalties Involvement in defensive operation, not a defense J Joint criminal enterprise/the common purpose doctrine, individual Judicial bias test, impartiality of judges, ethics Jurisdiction K Killing members of the group, genocide L Lack of strength of character, not a mitigating factor, sentencing Lawyer-client privilege, does not cover defense witness statements M Magnitude of crime and scale of accused’s role, aggravating factor, Mental state (mens rea), “a national, ethnical, racial or religious group, Mental state (mens rea), actual knowledge, command responsibility Mental state (mens rea), aiding and abetting Mental state (mens rea), committing Mental state (mens rea), extermination, crimes against humanity Mental state (mens rea), for command responsibility, Article 7(3) Mental state (mens rea), for crimes against humanity, Article 5 Mental state (mens rea), for genocide, Article 4 Mental state (mens rea), for planning, instigating, ordering, committing, Mental state (mens rea), for war crimes, Article 2 Mental state (mens rea), for war crimes, Article 3 Mental state (mens rea), instigating Mental state (mens rea), intent, crimes against humanity Mental state (mens rea), intent to destroy in whole or in part, genocide Mental state (mens rea), knowledge, crimes against humanity Mental state (mens rea), murder, crimes against humanity Mental state (mens rea), other inhumane acts, crimes against humanity Mental state (mens rea), outrages upon personal dignity, war crimes, Mental state (mens rea), persecution, crimes against humanity Mental state (mens rea), reason to know, command responsibility Mental state (mens rea), torture, crimes against humanity Mental state (mens rea), torture, war crimes, Article 3 Mental state (mens rea), unlawful labor, war crimes, Article 3 Minimum sentence, sentencing Mitigating factors, sentencing Murder, crimes against humanity Murder, war crimes, Article 3 N Nexus between armed conflict and alleged offense, war crimes, Article 3 Nexus between conflict and crimes alleged, war crimes, Article 2 O Occupation Occupation, guidelines for determining Occupation, where relevant Ordering, individual responsibility for Other inhumane acts, crimes against humanity Outrages upon personal dignity, war crimes, Article 3 Overall control test, war crimes, Article 2 P Participation of superior in criminal acts of subordinate, aggravating factor, Penalties Penalties, governing instruments Persecution, crimes against humanity Person or property at issue must be protected, war crimes, Article 2 Personal circumstances or family concerns, mitigating factor, sentencing Planning, individual responsibility for Plunder, war crimes, Article 3 Poor health, mitigating factor in rare cases, sentencing Position of the accused, aggravating factor, sentencing Post-conflict conduct, mitigating factor, sentencing Premeditation and motive, aggravating factor, sentencing Prior decisions, weight to give Proving responsibility under both Articles 7(1) and 7(3), aggravating factor, Q R Ranking of crimes, sentencing Rape, crimes against humanity Rape, war crimes, Article 2 Rape, war crimes, Article 3 Rape and other forms of sexual violence as torture, war crimes, Article 3 Reason to know, mental state, command responsibility Reflect gravity of crime, sentencing Reflect significance of role of defendant, sentencing Required acts, persecution, crimes against humanity Role as fellow perpetrator, aggravating factor, sentencing Role of a state official not necessary, torture, crimes against humanity S Sentencing Sentencing, aggravating factors Sentencing, aggravating and mitigating factors Sentencing, aggravating and mitigating factors, burden of proof Sentencing, consistency of sentences yet still individualized Sentencing, credit given for time in detention pending trial Sentencing, discretion to impose life imprisonment Sentencing, double jeopardy impacting on sentence Sentencing, factors Sentencing, factors for assessing gravity of offenses Sentencing, generally Sentencing, goal of penalties Sentencing, governing instruments Sentencing, mitigating factors Sentencing, ranking of crimes Sentencing, reflective of gravity of crime Sentencing, sentence can be lengthened if discernible error Sentencing, sentence should reflect significance of the role of the Sentencing, sentence to run from date of judgment Sentencing, totality principle Sentencing factors, sentencing Sentencing practices in former Yugoslavia Sexual nature of crime and vulnerability of victims, aggravating factor, Slavery, war crime, Article 3 Status of victims and effect of crimes on them, aggravating factor, Statute, command responsibility Statute, crimes against humanity, Article 5 Statute, genocide, Article 4 Statute, individual responsibility Statute, war crimes, Article 2 Statute, war crimes, Article 3 Superior-subordinate relationship, command responsibility Systematic attack, crimes against humanity T Taking civilians as hostages, war crimes, Article 2 Taking of hostages, war crimes, Article 3 Test for accepting guilty pleas Test for appellate review of Trial Chamber’s factual findings Time period during which offenses committed, aggravating factor, Torture, crimes against humanity Torture, war crimes, Article 2 Torture, war crimes, Article 3 Torture or cruel and inhuman treatment, war crimes, Article 2 Torture, rape and other forms of sexual violence as torture, war crimes, Totality principle, sentencing Tu quoque principle, argument that the adversary committed similar crimes Type of participation in crime, aggravating factor, sentencing U Underlying offenses, crimes against humanity Underlying offenses, genocide Underlying offenses, war crimes, Article 2 Underlying offenses, war crimes, Article 3 Unequivocal, guilty plea must be Unlawful attacks on civilians and civilian objects, war crimes, Article 3 Unlawful confinement of civilians and imprisonment, war crimes, Unlawful labor, war crimes, Article 3 Unlawful transfer, war crimes, Article 2 V Violence to life and person, war crimes, Article 3 Voluntary, guilty plea must be Voluntary surrender, mitigating factor, sentencing W Wanton destruction not justified by military necessity, war crimes, War crimes, armed conflict must be international, Article 2 War crimes, armed conflict must be international, overall control test, War crimes, armed conflict must exist, Article 2 War crimes, armed conflict whether internal or international must exist, War crimes, Article 3 covers acts committed in both internal and War crimes, Article 3 functions as a residual clause, Article 3 War crimes, Article 3, generally War crimes, conditions for determining which violations fall within War crimes, cruel and inhuman treatment, Article 2 War crimes, cruel treatment, Article 3 War crimes, destruction or willful damage to institutions dedicated War crimes, elements, Article 2 War crimes, elements, Article 3 War crimes, existence of an armed conflict, Article 2 War crimes, extensive destruction of property not justified by military War crimes, for Common Article 3 crimes must be committed against War crimes, grave breaches of the Geneva Conventions of 1949, War crimes, inhuman treatment, Article 2 War crimes, mental state, Article 2 War crimes, mental state, Article 3 War crimes, murder, Article 3 War crimes, nexus between the armed conflict and alleged offense, War crimes, nexus between the conflict and crimes alleged, Article 2 War crimes, outrages upon personal dignity, Article 3 War crimes, overall control test, Article 2 War crimes, person or property at issue must be protected, Article 2 War crimes, plunder, Article 3 War crimes, rape, Article 2 War crimes, rape, Article 3 War crimes, rationale for why Common Article 3 violations are covered, War crimes, slavery, Article 3 War crimes, statute, Article 2 War crimes, statute, Article 3 War crimes, taking civilians as hostages, Article 2 War crimes, taking of hostages, Article 3 War crimes, torture, Article 2 War crimes, torture, Article 3 War crimes, torture or cruel and inhuman treatment, Article 2 War crimes, underlying offenses, Article 2 War crimes, underlying offenses, Article 3 War crimes, unlawful attacks on civilians and civilian objects, Article 3 War crimes, unlawful confinement of civilians and imprisonment, War crimes, unlawful labor, Article 3 War crimes, unlawful transfer, Article 2 War crimes, violations of international humanitarian law that are covered, War crimes, violence to life and person, Article 3 War crimes, wanton destruction not justified by military necessity, War crimes, willful killing, Article 2 War crimes, willfully causing great suffering or serious injury to body or Weight to give prior decisions Weight to give prior decisions, Appeals Chamber to follow its previous Weight to give prior decisions, Appeals Chamber decisions binding on Weight to give prior decisions, Trial Chamber decisions not binding on Widespread attack, crimes against humanity Willfully causing great suffering or serious injury to body or health, Willful killing, war crimes, Article 2 X Y Youthful age of victims and number of victims, aggravating factor, sentencing Z
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