1. Robert J. Currie, “Abducted Fugitives Before the International Criminal Court: Problems and Prospects”, 18 Criminal Law Forum 350 (2007).
2. F. A. Mann, “Reflections on the Prosecution of Persons Abducted in Breach of International Law”, Yoram Dinstein (ed.), International Law at a Time of Perplexity: Essays in Honour of Shabtai Rosenne (Dordrecht: Nijhoff, 1989), 407 at 414. See also Situation in the Democratic Republic of the Congo in the Case of The Prosecutor v. Thomas Lubanga Dyilo, ICC, Judgment on the Appeal of Mr. Thomas Lubanga Dyilo against the Decision on the Defence Challenge to the Jurisdiction of the Court pursuant to article 19(2) of the Statute of 3 October 2006, Case No. ICC-01/04-01/06 (OA4), 14 December 2006 (hereafter, Lubanga Appeals Judgment of 14 December 2006), para. 24.
3. Boškoski and Tarčulovski, ICTY, Appeals Chamber, Case No. IT-04-82-AR72.2, Decision on Ljube Boškoski’s Appeal on Jurisdiction, 9 January 2007, para. 5.
4. The English Court of Appeal in R. v. S. (SP) noted that the discretion was ‘an exercise of judicial assessment dependent on judgment rather than on any conclusion as to fact based on evidence.’ [2006] 2 Cr App R 23, at 341, at H7.
5. Geert-Jan Alexander Knoops, Redressing Miscarriages of Justice: Practice and Procedure in National and International Criminal Law Cases (Ardsley, NY: Transnational Publishers, Inc., 2006), at 175. See also Lubanga Appeals Judgment of 14 December 2006, para. 24.