PART 1 INTRODUCTION

Chapter Ⅰ General introduction

1 Contextualising the problem

1.1 From the past

1.2...via the 'war on terror'

1.3...to the International Criminal Court

2 Goals, central question and methodology

3 Outline

PART 2 ANALYSING MALE CAPTUS BENE DETENTUS

Chapter Ⅱ The origin of the maxim

1 Introduction

2 Roman origin?

3 Modern origin?

4 Origin of the reasoning behind the maxim

Chapter Ⅲ Dissecting the maxim: concepts, delimitations and definitions

1 Which male captus situations exist?

1.1 Introduction

1.2 Common context

1.3 Disguised extradition

1.4 Luring

1.5 Kidnapping/abduction

2 What is violated by these male captus situations?

2.1 State sovereignty

2.1.1 Exceptions

2.1.1.1 Consent

2.1.1.2 Self-defence

2.1.1.3 Humanitarian grounds

2.2 Human rights

2.2.1 Article 9, paragraph 1 of the ICCPR

2.2.2 Case law from the HRC

2.2.3 Article 5, paragraph 1 of the ECHR

2.2.4 Case law from the ECmHR and the ECtHR

2.2.5 Exception: war or other public emergency

2.3 The rule of law

3 Who violates?

3.1 States/State officials

3.2 Private individuals

3.2.1 Human rights

3.2.2 State sovereignty

3.3 States through private individuals

3.3.1 Draft articles on responsibility of States for internationally wrongful acts (Part Ⅰ)

3.3.2 Intermezzo: the Eichmann case revisited

3.3.3 Draft articles on responsibility of States for internationally wrongful acts (Part Ⅱ)

3.3.4 Due diligence

4 What are the consequences of such violations?

4.1 Reparation

4.2 Remedies

4.3 Abuse of process

4.4 The final outcome: bene detentus or male detentus (or something in between)?

PART 3 MALE CAPTUS BENE DETENTUS IN PRACTICE

Chapter Ⅳ Introduction

Chapter Ⅴ Cases between States

1 Cases from the common law system

1.1 Older cases

1.2 More recent cases

2 Cases from the civil law system

2.1 Older cases

2.2 More recent cases

3 Interesting cases not (clearly) falling under either system

3.1 Older cases

3.2 More recent cases

Chapter Ⅵ Cases between States and international(ised) criminal tribunals

1 Introduction

2 Main characteristics of the cooperation and transfer regime in the context of the ICTY and ICTR

3 Cases in the context of the ICTY and ICTR

3.1 Cases in the context of the ICTY

3.1.1 Dokmanovic

3.1.2 Todorovic

3.1.3 Milosevic

3.1.4 Nikolic

3.1.5 Tolimir

3.1.6 Ka radzic

3.2 Cases in the context of the ICTR

3.2.1 Barayagwiza

3.2.2 Semanza

3.2.3 Kajelijeli

3.2.4 Rwamakuba

4 General remarks on cooperation regimes in the context of the internationalised criminal tribunals

5 Cases in the context of the internationalised criminal tribunals

5.1 The Duch case before the ECCC

6 Final interesting observations stemming from the context of the internationalised criminal tribunals

Chapter Ⅶ Creating an external evaluative framework: principles distilled from Part 3

1 Introduction

2 Principles distilled from the cases between States

3 Principles distilled from the cases between States and international(ised) criminal tribunals

PART 4 THE INTERNATIONAL CRIMINAL COURT

Chapter Ⅷ General information on the arrest and surrender regime

1 Introduction

2 Model of cooperation: a first appraisal

3 The arrest and surrender regime

3.1 The arrest and surrender regime Part Ⅰ

3.2 The arrest and surrender regime Part Ⅱ: Article 59, paragraph 2 of the ICC Statute

3.3 The arrest and surrender regime Part Ⅲ

4 Model of cooperation: a second appraisal

Chapter Ⅸ Creating an internal evaluative framework: Article 21 of the ICC Statute

1 Introduction

2 Article 21, paragraph 1

2.1 Correlation between the three parts of paragraph 1

2.2 Article 21, paragraph 1 (a)

2.3 Article 21, paragraph 1 (b)

2.3.1 Applicable treaties

2.3.2 Principles and rules of international law

2.3.2.1 Customary international law

2.3.2.2...or more?

2.4 Article 21, paragraph 1 (c)

3 Article 21, paragraph 2

4 Article 21, paragraph 3

Chapter Ⅹ Finding the current ICC position on the male captus issue

1 Introduction

2 Lubanga Dyilo

3 Bemba Gombo

4 Katanga

PART 5 CONCLUSION

Chapter ⅩⅠ Answering the central question, recommendations and epilogue

1 Introduction

2 Answering the central question

2.1 The ICC's current position on the male captus issue

2.2 The ICC's current position on the male captus issue assessed in the context of this book's external evaluative framework

2.3 The ICC's current position on the male captus issue assessed in the context of this book's internal evaluative framework

3 Recommendations

4 Epilogue

Summary

Samenvatting (Dutch summary)

Bibliography

Table of selected cases

Index

Curriculum vitae

School of Human Rights Research Series