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Cases, Legal Documents and Other Sources International Instruments and Commentaries • Agreement between the United Nations and the Government of Sierra Leone on the Establishment of the Special Court for Sierra Leone signed 16 January 2002 (The agreement was pursuant to Security Council resolution 1315 of 14 August 2000 wherein it expressed deep concern at the very serious crimes committed within the territory of Sierra Leone against the people of Sierra Leone). • Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, and Charter of the International Military Tribunal London 8 August 1945 http://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId¼ 87B0BB4A50A64DEAC12563CD002D6AAE&action¼openDocument • Charter of the United Nations 1945 https://www.un.org/en/documents/charter/ • Charter of the United Nations and the Statute of the International Court of Justice San Francisco 1945 https://treaties.un.org/doc/publication/ctc/uncharter.pdf • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1465 UNTS 85 10 December 1984. • Draft Statute of the International Law Commission (ILC) 1994 on the Work of its Forty-Sixth Session 2 May to 22 July 1994 UN Doc A/49/10 43-44. • Elements of Crimes, adopted by the Assembly of States Parties in New York, on 9 September 2002 and entered into force on the same date (ICC-ASP/1/3) Available at http://www.icc-cpi.int/NR/rdonlyres/9CAEE830-38CF-41D6- AB0B-68E5F9082543/0/Element_of_Crimes_English.pdf • International Covenant on Civil and Political Rights (ICCPR) adopted by the General Assembly of the United Nations New York 16 December 1966 UNTS Vol 999 1-14668 http://www.refworld.org/pdfid/3ae6b3aa0.pdf • International Criminal Court, Rules of Procedure and Evidence, U.N. Doc. PCNICC/2000/1/Add.1 (2000). • Optional Protocol to the ICCPR adopted by the General Assembly of the United Nations New York 16 December 1966 UNTS Vol 999, 171 entered into force © Springer International Publishing AG 2017 217 O.C. Imoedemhe, The Complementarity Regime of the International Criminal Court, DOI 10.1007/978-3-319-46780-1 218 Cases, Legal Documents and Other Sources 23 March 1976 https://treaties.un.org/pages/ViewDetails.aspx?src¼TREATY& mtdsg_no¼IV-5&chapter¼4&lang¼en • OTP, ‘Prosecutorial Strategy 2009-2012’ (1 February 2010) 5. Available at <www.icc-cpi.int/NR/rdonlyres/66A8DCDC-3650-4514-AA62-D229D1128F65/ 281506/OTPProsecutorialStrategy20092013.pdf> (Accessed 11 January 2013). • Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts (Protocol 1) 8 June 1977. <http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14 a77fdc125641e0052b079 • Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) 8 June 1977. http://www.icrc.org/ihl/INTRO/475?OpenDocument • Special Proclamation of General MacArthur for the International Military Tribunal for the Far East (IMTFE) Tokyo 19 January 1946. • Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for serious Violations of International Humanitarian Law Commit- ted in the Territory of the Former Yugoslavia since 1991 SC Res 827 UN Doc S/Res/827 (25 May 1993) (‘ICTY Statute’). • Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for genocide and Other Such Violations Committed in the Territory of Neighbouring States Between 1 January and 31 December 1994 SC Res 1315 UN Doc 5/RES/955 (6 November 1994) (‘ICTR Statute’). • The Convention for the Prevention and Punishment of Genocide adopted by Resolution 260(III) of the United Nations General Assembly on 9 December 1948. • The Geneva Conventions of 12 August 1949 http://www.icrc.org/eng/assets/ files/publications/icrc-002-0173.pdf • The Rome Statute of the International Criminal Court, July 17, 1998, 2187 UNTS 90 (entered into force on 1 July 2002) http://legal.un.org/icc/statute/ romefra.htm (Accessed 16 March 2014). • The Universal Declaration on Human Rights (UDHR) Paris 10 December 1948 http://www.un.org/en/documents/udhr/ • United Nations Basic Principles on the Independence of the Judiciary 1985, Art 10. Available http://www.hjpc.ba/dc/pdf/Basic%20Principles%20on%20the% 20Independence%20of%20the%20Judiciary.pdf • Vienna Convention on Diplomatic Relations, done at Vienna 18 April 1961, 500 UNTS 95 entered into force 24 April 1964. • Vienna Convention on the Law of Treaties 23 May 1969 UNTS Vol 1155, p 331 entered into force 27 January 1980. Available at http://untreaty.un.org/ilc/ texts/instruments/english/conventions/1_1_1969.pdf Cases, Legal Documents and Other Sources 219 States’ Laws • Argentina, Law No. 26/200 on the Implementation of the ICC Statute (2007). • Australia, the International Criminal Court Act (Consequential Amendment) 202, No 42 (2002) section 268.4 broadens the definition of genocide to include sexual violence. See http://www.iccwomen.org/whatwedo/projects/docs/Over view_Implementing_Legislation.pdf • C.53(1957) Law Reports: Statutes 543 as amended by the Geneva Conventions (Amendment) Act 1995, C. 27. • CAR, Press Release, ‘ICC – Prosecutor Receives Referral Concerning Central African Republic’ ICC-OTP-20050107-86. 7 January 2005. Available at http:// www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/2005/ Pages/otp%20prosecutor%20receives%20referral%20concerning%20central% 20african%20republic.aspx • CICC, Press Release, ‘US Congress Passes Anti-ICC Hague Invasion Act’ 26 July 2002 at <http://www.iccnow.org/documents/07.26.02ASPAthruCongress.pdf • Criminal Code Act: An Act to Establish a Code of Criminal Law in Nigeria 1 June 1916 http://ofilispeaks.com/wp-content/uploads/criminal-act.pdf now The Nigerian Criminal Code Act Cap 77 Laws of the Federation of Nigeria (LFN) 1990; Cap C38 LFN 2004; Cap C3 LFN 2011. • DRC, Article 112 of the Constitutional Act of Transition (1994), Article 193 of the Transitional Constitution of the Democratic Republic of Congo of 4 April 2003, Journal Officiel, special edition of 5 April 2003 (Constitution of 2003), Article 216 of the Constitution of the Democratic Republic of Congo of 2006. • DRC, Loi 023/2002 of 18 November 2002 Portant Code judiciaire militaire (Military Code) http://www.leganet.cd/Legislation/Droit%20Judiciaire/Loi.023. 2002.18.11.2002.pdf and Loi 024/2002 of November 2002 Portant Code Penal Militaire (Military Penal Code) http://www.leganet.cd/Legislation/Droit% 20Judiciaire/Loi.024.2002.18.11.2002.pdf (Assessed 2 November 2012). • DRC, Press Release, ‘ICC – Prosecutor Receives Referral of the Situation in the Democratic Republic of Congo’ ICC-OTP-20040419-50 19 April 2004. Avail- able at http://www.icc-cpi.int/en_menus/icc/press%20and%20media/press% 20releases/2004/Pages/prosecutor%20receives%20referral%20of%20the%20sit uation%20in%20the%20democratic%20republic%20of%20congo.aspx • DRC, The Constitution of the Democratic Republic of Congo of 2006. • DRC, The DRC Constitution of 18 February 2006, Journal Officiel, special edition of 18 February 2006 (DRC Constitution of 2006) states that civilian and military courts may apply ratified treaties provided they are consistent with the laws. See articles 153 & 215. The Constitution is available (in French) at: http://democratie.francophonie.org/IMG/pdf/Constitution_de_la_RDC.pdf (Accessed 28 June 2012). • DRC, The DRC Legislative Decree no. 003/2002 of 30 March 2002 Journal Officiel of 5 December 2002 (special edition). 220 Cases, Legal Documents and Other Sources • DRC, The Legislative Decree no. 003/2002 of 30 March 2002 authorised the ratification of the Rome Statute, Journal Officiel of 5 December 2002 (special edition ‘International and Regional Instruments Relating to Human Rights Ratified by the Democratic Republic of Congo’). Ratification instrument was deposited on 11 April 2002 http://www.icc-cpi.int/asp/statesparties/country& id¼5.html (Accessed 28 June 2012). • DRC, The Transitional Constitution of the Democratic Republic of Congo of 4 April 2003, Journal Officiel, special edition of 5 April 2003 (Constitution of 2003). • England, The International Criminal Court (England) Act 2001c.17, (2001) 1 Law Reports: Statutes 1367 (ICC Act). • Federal Republic of Nigeria Official Gazette 19 January 2007 B50. Available at www.population.gov.ng/pop_figure.pdf • Geneva Conventions Act Uganda (Ch 363) 16 October 1964 <http://www.ulii. org/ug/legis/consol_act/gca1964208/ Article 2 (Accessed 14 June 2012). • Helsinki, An Act on the Implementation of the Provisions of a Legislative Nature of the Rome Statute of the International Criminal Court and on the Application of the Statute. No 1284/2000 Issued in Helsinki 28 December 2000. Available at http://www.finlex.fi/en/laki/kaannokset/2000/en20001284. pdf. (Accessed 12 December 2012). • Kenya, Armed Forces Act (Chapter 199) Laws of Kenya, available online at http:// www.kenyalaw.org/kenyalaw/klr_app/frames.php (Accessed 13 December 2011). • Kenya, Chapter 63 Laws of Kenya, available at <http://www.kenyalaw.org/ kenyalaw/klr_app/frames.php (Accessed 13 December 2011). • Kenya, Findings of the Commission of Inquiry into the Post-Election Violence in Kenya. Available at <http://www.kenyalaw.org/Downloads/Reports/Commis sion_ofInquiry_into_Post_Election_Violence.pdf (Accessed 13 December
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