While many view the processes of criminal accountability as the only viable and reliable mechanisms for reconstruction and reconciliation of devastated societies, some States have come to the conclusion that the same purpose may alternatively be served through Truth Commissions.85The purpose of these commissions is to administer restorative rather than retributive justice, and their application may be complementary to judicial proceedings, as in the case of South Africa, or the sole mechanism of accountability, as was the case with El Salvador. Such commissions are mechanisms used to investigate and accurately record human rights violations in a particular country, but very often result in sweeping amnesties.86Investigatory commissions of this type have been established at transitional phases in the democratic process of various States, in which civilian governments had recently replaced repressive regimes, with the aim of either investigating human rights abuses of prior regimes, as was done with the panels created in Argentina and Chile, or as a means of resolving a civil war through a political agreement, as in El Salvador. In one instance, however, it was the Security Council that established an international commission of inquiry, in order to investigate the violence that resulted from the 1993 coup in Burundi.87
Although most of these commissions were established and functioned at a purely domestic level, in every case it was evident that the involvement of international personnel would potentially lift suspicions of impartiality. Hence, the staff serving on the El Salvador commission were entirely foreign, as were those in Burundi, assigned and sponsored by the UN.88 The purposes of investigative or Truth Commissions can vary, but in general their purpose is to create an authoritative record, provide redress for the victims, make recommendations for reform and establish accountability of perpetrators.89However, the primary purpose of most commissions is not to identify perpetrators, but to document repression and crime.
This is best achieved only by permitting victims and culprits to come forward and recount their personal testimony as regards their participation in particular events.
To secure such testimony, commissions are generally empowered, depending on their mandate, to grant amnesties to those who confess their prior crimes. This process may, and does, come into conflict with particular State obligations such as the duty to either prosecute or extradite persons accused of serious offences, or simply to prosecute those responsible for having committed serious international crimes. This has been the adamant position of the UN, so irrespective of the process utilised to grant amnesties for serious international offences, such amnesties cannot constitute
85 P Hayner, ‘Fifteen Truth Commissions 1974 to 1994: A Comparative Study’, 16HRQ(1994), 597.
86 See M Scharf, ‘The Case for a Permanent International Truth Commission’, 8Duke J Intl & Comp L (1997), 1; T Klosterman, The Feasibility and Propriety of a Truth Commission in Cambodia: Too Little? Too Late?’, 15Ariz J Intl & Comp L(1998), 2.
87 SC Res 1012 (25 August 1995).
88 See T Buergenthal, ‘The United Nations Truth Commission for El-Salvador ’,27Vand J Trans L (1994), 498.
89 M Ratner and J Abrams,Accountability for Human Rights Atrocities in International Law,1997, Oxford:
OUP, p 196.
a bar to subsequent prosecution by other national or international judicial bodies.90 Both the Inter-American Commission of Human Rights and the UN Human Rights Committee have found particular Latin American amnesties incompatible with the victims’ right to an effective remedy, which includes a right to an impartial judicial investigation in order to establish the facts and identify the perpetrators. The two bodies did not, however, recommend that the imposition of criminal punishment was required of States parties under the Inter-American Convention on Human Rights and the International Covenant on Civil and Political Rights respectively.91 At the same time, it should not be forgotten that the Security Council approved the Governors’ Island Agreement in Haiti, which provided a broad amnesty.92
Let us examine the most significant Truth Commission of the last decade, the South African Truth and Reconciliation Commission (TRC).93It was set up in 1993 on the basis of the 1993 interim Constitution and the Promotion of National Unity and Reconciliation Act, No 34 of 1995, and comprised of three branches: a Committee on Human Rights Violations (HRV), a Committee on Amnesty and a Committee on Reparation and Rehabilitation (R & R). The mandate of the HRV Committee has been to investigate human rights abuses that took place between 1960 and 1994, based on statements made to the TRC. Its aim is to establish the identity and fate of victims, the nature of the crimes suffered and whether the violations were the result of deliberate planning by the prior regimes or any other organisation, group or individual. Victims are then referred to the R & R Committee, which considers requests for reparation only in regard to those formally declared victims by the TRC or their relatives and dependants. The primary purpose of the Amnesty Committee is to ascertain whether or not applications for amnesty are in respect of human rights violations that were committed within the ambit prescribed by the 1995 Act, that is, whether they relate to omissions or offences associated with political objectives and committed between 1960 and 1994, in the course of the struggle for internal self- determination. An amnesty is granted only in those cases where the culprit makes a full disclosure of all the relevant facts. Therefore, in cases where an offence was committed for purely private motives, no amnesty will be granted.
The internationalised domestic tribunals examined in the present chapter, except for the Lockerbie Tribunal, have been established alongside Truth Commissions.
Their operation is problematic because: (a) the boundaries between the two institutions are not clearly delineated; (b) similarly problematic and ambiguous is the application of the rulene bis in idem(that is, that one cannot be tried twice for the
90 D Orentlicher, ‘Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime’, 100 Yale LJ (1991), 2537; M Scharf, ‘Swapping Amnesty for Peace: Was There a Duty to Prosecute International Crimes in Haiti?’, 31Texas ILJ(1996), 1; the South African Supreme Court inAzanian Peoples Organisation v President of the Republic of South Africa(1996) 4 SA 671, wrongly held that international human rights law does not compel domestic criminal prosecution of human rights abuses. Summarised in 91AJIL(1997), 360.
91 J Gavron, ‘Amnesties in the Light of Development in International Law and the Establishment of the International Criminal Court’, 51ICLQ(2002), 91, pp 94–99.
92 Ibid,p 106.
93 See generally P Parker, ‘The Politics of Indemnities: Truth Telling and Reconciliation in South Africa’, 17 HRLJ (1996), 1.
same offence) in both domestic and international law; and (c) where truth commissions grant blanket amnesties, or amnesties excusing serious international offences, neither the UN nor most individuals94will be inclined to recognise or respect them in their respective legal systems. Where the UN is involved in the interim administration of a war-torn nation, the Truth Commission does not supersede the jurisdiction of criminal tribunals, but supplements them.95The same is not true for Cambodia, however, where the status of amnesties granted prior to the creation of the Extraordinary Chambers remains uncertain.
As even the most conciliatory commissions involve some kind of punitive judicial mechanisms, Truth Commissions are generally able to serve the purposes of both restorative and retributive criminal justice. To the extent they are not used as platforms for granting sweeping amnesties they are a welcome supplement to the international criminal justice system.
94 As far as subsequent claims in tort are concerned.
95 UNTAET/REG/2001/10 (13 July 2001), on the establishment of a Commission for Reception, Truth and Reconciliation in East Timor.
Abduction
extradition 218–25 abuse of process 222–23 European Court of
Human Rights 221–22 male captus, bene
detentus rule218–19 seriousness of crime 224–25 United States 219–21 Abuse of process 127
extradition 222–23 Achille Lauro incident 21, 98 Act of State 169–70
Active personality principle 151–52 Aggression, crime of
Permanent International Criminal Court 381–84 Air piracy 24–25
Al-Qaeda 42 Amnesties 411–13 Apartheid 121–22 Convention 8 Convention on the
Elimination of All Forms of Racial Discrimination 121, 122 crimes against
humanity 122 customary law 122 erga omnes obligation 122 inhuman acts 121–22 International Convention
on the Suppression and Punishment of the Crime of Apartheid 121–22 segregation 122 State criminality 12 Appeals
evidence before ad hoc tribunals 322–23 Armed conflict
Geneva Conventions 119–20 submarine cables and
pipelines 102 superior orders 131–35 torture119–20
Australia cybercrime 82
Aut dedere aut judicare 9, 35, 160–62 extradition 179, 191
Aviation
air piracy 24–25 bombings 18
hijacking 18, 23–24, 26 hostage taking 18 jurisdiction 162 Lockerbie 27–28
See also Lockerbie Montreal Convention 25–27 terrorism 17, 23–28
air piracy 24–25
Hague Convention 23–24 hijacking 23–24, 26 Lockerbie 27–28
See also Lockerbie Montreal Convention 25–27 plastic explosives 26 State entities 26–27 Tokyo Convention 23 UNCLOS 24–25 Tokyo Convention 23, 162 UNCLOS 24–25
Banking
money laundering 62–63 Basle Committee 61 Bombings
terrorism 18, 30–32 Bribery
foreign public officials 83–86 Bride-price 111, 112
Cables and pipelines
See Submarine cables and pipelines Cambodian Extraordinary
Chambers 406–08 Canada
extradition 179, 180 Capital punishment
extradition 188–89 Character evidence
evidence before
ad hoc tribunals 306–07 Children
pornography 91, 116 prostitution 113 slavery 111, 112–13, 116 Clause francaise 47 Co-operation
enforcement of international
criminal law 9 money laundering 66–67 Permanent International Criminal Court 392–93 police
See Police co-operation transnational
organised crime 51–52 Commission on
Narcotic Drugs 55, 56 Consular immunities 174–76 Convention for the
Suppression of the Traffic of Persons and of the Exploitation of the Prostitution of Others 6 Corroboration
evidence before ad hoc tribunals 297, 316 Corruption
drug-trafficking 54 transnational organised
crime 49, 50 Council of Europe
cybercrime Convention on
Cybercrime 74–75 initiatives 74–75 money laundering 61 Custom ary law
apartheid 122 consistent objection 3 criminalisation 6 General Assembly
resolutions 2–3 hot pursuit, right of 104 jus cogen norm 3 national legal systems
principles derived from 3–4 objections 3
objective element 2 piracy 95, 97 slavery 110
sources of international law 2 subjective element 2
torture 118 Cybercrime 73–83
Australia 82 Council of Europe
Convention on
Cybercrime 74–75 initiatives 74–75 e-commerce 73 European Union
COMCRIME study 76 EU Safer Internet
Action Plan 79–80 European Commission
Cybercrime and Communication 76–79 initiatives 76–80
freedom of expression 73 G8 States, action by 74 growth 73
international initiatives 81 jurisdiction 73
national initiatives 81–83 OECD Security
Guidelines 81 offences 73 privacy, right to 73 recent developments 73 self-regulation 73 technical measures
to prevent 73 United Kingdom 82–83 Dayton Peace
Agreement 342 Debt bondage 111–12 Defences in international
criminal law 127–42 abuse of process 127 actus reus 127 burden of proof 128 concept of defence 127 duress 135–38 exclusion of criminal
responsibility 129 general defences 127 intoxication 140
manifest illegality 133–34 meaning of defence 127 mens rea 127
mental incapacity 141–42 mistake of fact or law 141 ne bis in idem 127
necessity 135–38 nullum crimen nulla poena
sine lege scripta 127
presumption of innocence 128 procedural defences 127 retroactivity of
criminal law 128 self-defence 138–39 special defences 127 Statute of the
International Criminal Court 127, 128, 129 domestic defences 129–31 duress 135–38
necessity 135–38 superior orders 131–35 statute of limitations 127–28 substantive defences 127, 128 superior orders 131–35 theoretical
underpinnings 127–31 Deportation order
terrorism 21 Deposition evidence
evidence before ad hoc tribunals 304–06 Diplomatic immunities 174–76 Disappearances 122–24
crimes against humanity 123, 124 definition 123–24 enforced 122–24 human rights 124 investigations 123 jurisdiction 124–25 meaning 123 non-State actors 124 torture 124
UN General Assembly’s Declaration in the Protection of All Persons from Enforced
Disappearance 123 UN Human Rights
Commission Working Group 123
voluntary 122–24 Documentary evidence
evidence before ad
hoc tribunals 301–02, 316–17 Double criminality
extradition 181–84 Double jeopardy
extradition 181, 189–90
Drug-trafficking 53–60 bribery of public
officials 54 Commission on
Narcotic Drugs, 55, 56 Convention on
Psychotropic Drugs 57 corruption 54 crime against international law, as 59–60 decriminalisation 54 development of
international measures 54–59 enforcement 54 International Narcotics
Control Board 56 International Opium
Commission 54–55 psychotropic drugs 55 Schengen Implementing
Convention 59 sea, trafficking at 58–59 Single Convention on
Narcotic Drugs 56 Protocol 56–57 social problems 54 States, involvement of 54 terrorism 54
United Nations 55 agencies 55–56 conventions 55 Fund for Drug
Abuse Control 56 Vienna Convention 55, 57–58 Duress
defences in international criminal law 135–38 East Timor
Special Panels 401–04 Effects doctrine 146–47 Electronic information
terrorism 37 Enforcement of international criminal law
Apartheid Convention 8 aut dedere aut judicare 9
co-operation 9 direct 8–9 extradition 9
Genocide Convention (1948) 8 International Covenant on
Civil and Political Rights 11 international tribunals 8–9 private organisations 11 process 11–12
Erga omnes obligation apartheid 122 Eurojust 280–81 European arrest
warrant 199–200, 282–83
European Convention on the Suppression of Terrorism 19–20, 46–47 European Court of
Human Rights extradition 221–22 mutual legal assistance 254 European Judicial
Network 283 European Police College 283–84 European Public
Prosecutor 281–82 European Union
cybercrime,
COMCRIME study 76 EU Safer Internet
Action Plan 79–80 European Commission,
Cybercrime
and Communication 76–79 initiatives 76–80
European arrest warrant 199–200, 282–83
European Convention on Mutual Assistance
in Criminal Matters 237–40, 284 European Judicial
Network 283 European Police
College 283–84 Europol 273–77 extradition 194–95 money laundering 61
initiatives 68–69 mutual legal assistance
European Convention on Mutual Assistance in Criminal Matters 237–40 initiatives 235–42
Schengen Implementing Convention 236–37 Third Pillar 235–36 Treaty on European
Union 236 police co-operation
corpus juris 284–85 Eurojust 280–81
European arrest warrant 282–83 European Convention
on Mutual Assistance in Criminal Matters 284 European Court
of Justice 272–73 European Judicial
Network 283 European Police
College 283–84 European Public
Prosecutor 281–82 Europol 273–77 initiatives 270–85
procedural safeguards 285 Schengen Acquis 277–79 Schengen Information
System 279–80 terrorism 36 Europol 273–77 Evidence
See also Mutual legal assistance ad hoc tribunals
See Evidence before ad hoc tribunals exclusionary rules 214–16
extradition 180, 214–16 Evidence before ad
hoc tribunals 287–323 admissibility 298–300 affidavits 294
analysis of rules 295–98 appeals 322–23 authenticity 299 best evidence rule 299 burden of proof 289–90 case law 290
character evidence 306–07 civil law influence 295, 296, 297 competence 297
confessions 292
consistent pattern of conduct, evidence showing 293–94 corroboration 297, 316 cross-examination 292 cultural aspects 321–22 dead persons, written
statements in lieu of 293 definition of evidence 289 deposition evidence 304–06 differences between ICTR
and ICTY rules 289
documentary evidence 301–02, 316–17
exclusionary rules 296–97 expert evidence 322
expert witnesses 294, 309–13 fairness of the trial 291, 298 hearsay evidence 299, 302–04,
317–18
improperly obtained evidence 313–15 interpretation of rules 296 investigator’s report 307–09 involuntary statements 300 irregularly, evidence
obtained 296 language problems 321 lapse of time 318 legal admissibility 299 legal framework 289–98 national rules
of evidence 295 oppression 300 presumption of
innocence 290 prior statements 320–21 privilege 294, 296–97 probative value 300–301 qualification
as evidence 300 relevance 300 reliability 295–96,
300, 301
reversal of decision to exclude evidence 299 role of judges 287–88 Rules of Procedure
and Evidence 287–88, 290–98
self-incrimination 292
sexual assault cases 294 standard of proof 290, 292, 298 system of proof 297
testimony of witnesses 291–92 ultimate issue rule 309
weight of evidence 297, 299, 300 corroboration 316
cultural aspects 321–22 determination 315–23 documentary
evidence 316–17 expert evidence 322 general principles 315–16 hearsay evidence 317–18 language problems 321 lapse of time 318 prior statements 320–21 traumas 319–20 witness statements 293 witnesses 291–92 written statements 293 Expert witnesses
evidence before ad
hoc tribunals 294, 309–13, 322 Extradition 9, 179–229
abduction 218–25 abuse of process 222–23 collusion by law,
enforcement agencies 223–24 European Court of
Human Rights 221–22 male captus, bene
detentus rule 218–19 seriousness of crime 224–25 United States 219–21 abuse of process 222–23 accused person,
meaning of 180–81 aims 179
alternatives to 179 assumptions 179
aut dedere aut judicare 179, 191 bilateral treaties 179
Canada 179, 180
capital punishment 188–89 comity 179
Convention Relating to Extradition 196–99 Convention on Simplified
Extradition Procedure 195–96 Council Framework
Decision on the European arrest warrant 199–200 death row cases 181, 188–89 domestic fair trial
safeguards 213
double criminality 181–84 double jeopardy 181, 189–90 EC law and
expulsion of nationals 203–05 free movement
of workers 204–05 enforcement of
international criminal law 9 European Convention
on Extradition 193–94 European Court of
Human Rights 221–22 European Union 194–95 evidence 180, 214–16 exclusionary rules
of evidence 214–16 executive discretion
to surrender fugitive 180 exemption from 180 fiscal offences 189 fundamental rights,
protection of 181 general principles 179–92 good faith 180
human rights 205–12 European Convention
on Human Rights 206–07 inhuman and degrading
treatment, prohibition against 207–09 International Covenant
on Civil and
Political Rights 211–12 Soering principle 209–10 torture, prohibition
against 207–09 UN Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 212 hybrid system 179
increased use 179
inhuman and degrading treatment, prohibition against 207–09 International Covenant
on Civil and
Political Rights 211–12 international initiatives 192–201 interpretation of treaties 180 legal basis 179, 180
male captus, bene detentus rule 218–19 meaning 179
military and
religious offences 181, 189, 193–94
money laundering 67 motive 180
multilateral regional treaties 179
non-inquiry, rule of 180, 191–92 Pinochet case 225–29
political offence exception 181, 186–88 procedural law, as 180 process 179–92 purposive
interpretation 180–81 re-extradition 185–86 reciprocity 179 refusal of request 181 requests 179–80 review by domestic
authorities 216–18 Soering principle 209–10 sovereign act, as 181 specialty, rule of 181, 184–85 surrender
of nationals 190–91 third State,
re-extradition to 185–86 torture, prohibition
against 207–09 transnational
organised crime 49, 51–52 UN Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 212 UN Model Treaty on
Extradition 192–93 United Kingdom, 179, 180
Extradition Bill 2002 200–201 United States 179, 180, 219–21 Extradition
EC law and 201–05 Financial Action Task
Force on Money Laundering 62, 63,
64, 65–66 Firearms Protocol 53 Foreign public officials
bribery 83–86 Freedom of expression
cybercrime 73
obscene publications 90 General Assembly
resolutions 2–3 transnational
organised crime 49–50 Geneva Conventions
armed conflict 119–20 International Criminal
Tribunals for the Former Yugoslavia and Rwanda 348–50 torture 119–20
Genocide Armenians 12 definition 358–64 International Criminal
Tribunals for the Former Yugoslavia and Rwanda 358–64 Jews 14
Permanent International Criminal Court 384 Tutsi 12
Genocide Convention (1948) 5 enforcement 8
Grotius 9
Hearsay evidence
evidence before ad hoc tribunals 299, 302–04, 317–18 High seas
piracy on 98 unauthorised
broadcasting from 103–04 Hijacking 18, 23–24, 26
Hostage taking terrorism 18, 28–30 Hot pursuit, right of 104–08
commencement 106–07 constructive presence 107–08 continuous nature 106–07 customary law 104 enforcement action 105 High Seas
Convention 104 lawful pursuit 107 operation 104–05 signals 107
UNCLOS 104, 105–07 Human rights
disappearances 124 extradition 205–12
European Convention on Human Rights 206–07 inhuman and
degrading treatment, prohibition against 207–09 International Covenant
on Civil and
Political Rights 211–12 Soering principle 209–10 UN Convention
Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment 212 obscene publications 90 terrorism 18, 42,
46–48
theory of international criminal law 14–15 torture 117, 120–21 Humanitarian law
breaches 7 Humanity, crimes
against apartheid 122
International Criminal Tribunals for the Former Yugoslavia and Rwanda 353–58 Permanent International
Criminal Court 384–86 Immunities
Act of State 169–70
armed forces abroad 173–74 consular immunities 174–76 criminal jurisdiction 165–70
diplomatic 174–76 domestic law 170–72 general concept 165–68 international criminal
jurisdiction 176–77 jus cogens norms 170–72 ratione materiae 168, 169 Inhuman and degrading
treatment, prohibition against
extradition 207–09 Intergovernmental
organisations 4 International Cable
Protection Committee 11, 103 International comity
extradition 179
mutual legal assistance 231 International Committee
of the Red Cross 11 International Covenant
on Civil and Political Rights enforcement of
international criminal law 11 extradition 211–12
mutual legal assistance 254 terrorism 46
International crimes categories 5–6 criminalisation 4–8 International
Criminal Court
See also Permanent International Criminal Court
core crimes 164 jurisdiction 163–64 limitations 164
International criminal law criminalisation 4–8 enforcement 8–12 objectives 10 reconciliation 10
sources of international law See Sources of international law theory
See Theory of international criminal law
International Criminal
Tribunals for the Former Yugoslavia and Rwanda 339–74 accused, rights of 372–74 background 339–42
command responsibility 368–69 enforcement capacity 369–71 equality of arms 372 establishment 339 evidence
See Evidence before ad hoc tribunals formative years 342–46
Geneva Conventions 348–50 genocide –64
grave breaches of
Geneva Conventions 348–50 humanity, crimes against 353–58 interpretative means
of the Statutes 341 jurisdiction 163, 164,
346–68 concurrent 346 failure to prevent
or punish crimes 348 genocide 358–64 grave breaches of
Geneva Conventions 348–50 humanity,
crimes against 353–58 national authorities 346–47 preparatory and
execution stages
of prescribed offences 347–48 subject matter 347
violations of laws or customs of war in internal conflicts 351–53 legality of establishment 341 mutual legal assistance 254 powers 164
presumption of innocence 372 rape 364–68
Security Council 339–40 sexual offences 364–68 submission of cases to 347 superior responsibility,
doctrine of 368–69 Vienna Convention 341–42 violations of laws or
customs of war in
internal conflicts 351–53 International custom
sources of
international law 2 International Law
Commission
role in post-Nuremberg era 335–37 International Military
Tribunal at Nuremberg 132, 133 See also International military tribunals criticism 333–34
establishment 8 jurisdiction 327–33 law of 327–33 legal basis 333–34 Second World War 133 International Military
Tribunal for the Far East 334–35
See also International military tribunals background 334–35
establishment 8, 335 procedural law 335 substantive law 335 International
military tribunals
See also International Military Tribunal at Nuremberg; International Military Tribunal for the Far East
background to
establishment 326–34 establishment 325 First World War, after 325 Second World War, after 325–26 International Narcotics
Control Board 56 International Opium
Commission 54–55 Internationally
protected person, attacks against 18, 28–30 Interpol 265–70
background 265–66 establishment 265 Executive Committee 267 General Assembly 267 General Secretariat 267 membership 266 National Central Bureaux 267–68
operational activities 268–70 organisation 266–68
role 265, 266 Intoxication
defences in international criminal law 140 Investigator’s report
evidence before ad hoc tribunals 307–09 Israel
terrorism 38 Jurisdiction
active personality principle 151–52
armed forces abroad 173–74 aut dedere aut judicare 9, 35, 160–62 aviation 162
civil aviation, crimes against 162 criminal 143–44 immunities
See Immunities international 164 International
Criminal Court 163–64 international criminal
jurisdiction 162–64 International Criminal
Tribunals for the Former Yugoslavia and Rwanda 163, 164,
346–68 concurrent
jurisdiction 346 failure to prevent
or punish crimes 348 genocide 358–64 grave breaches
of Geneva
Conventions 348–50 humanity,
crimes against 353–58 national authorities 346–47 preparatory and
execution stages of prescribed offences 347–48 subject matter 347
violations of laws or customs of war in internal conflicts 351–53 passive personality
principle 152–54
Permanent International Criminal Court 377 admissibility 377–81 aggression, crime of 381–84 genocide 384
humanity,
crimes against 384–86 subject matter 377, 381–90 war crimes 386–90 protective principle 154–55 territorial
See Territorial jurisdiction universal jurisdiction 156–60 Jus cogens norms 170–72
objections to 3 terrorism 18 torture 117 Korean War 134 Kosovo
UN Interim Administration Mission in Kosovo 404–05 Kuwait
Iraqi annexation of 11–12 Law of the
Sea Convention See UNCLOS Legal assistance
See Mutual legal assistance Letters rogatory 231
Libya
terrorism 12 Lockerbie 27–28 extradition 27
State criminality 12, 27–28, 39 The Netherlands,
court in 27–28 trial 408–10 London Agreement for
the Prosecution and Punishment of the Major War Criminals of the European Axis 4
Male captus, bene detentus rule 218–19 Maritime crime
See Piracy; Sea, law of the; UNCLOS Mens rea
piracy 1 terrorism 17 Mental incapacity
defences in international criminal law 141–42 Mistake of fact or law
defences in international criminal law 141 Money laundering 35, 60–72
banking supervisory authorities 62 Basle Committee 61, 62 co-operation 66–67 common factors 60 compensation orders 66 concealment or
disguise of source 60 Convention on
Laundering, Search, Seizure and Confiscation of the Proceeds
from Crime 67–68 conversion or transfer
of property 60
Council of Europe 61, 67–69 definition 66
EC Money Laundering Regulations 72 European Union,
Directives 61, 68–69 initiatives 68–69 extradition 67 Financial Action Task
Force on Money Laundering 62, 63,
64, 65–66 globalisation 61
information exchange 66 integration phase 60 investigations 66 Know Your
Customer standards 62 layering phase 60 meaning 60
Model Legislation on Laundering, Confiscation and International Co-operation in Relation to the Proceeds of Crime 66