ICC-ASP-7-33-Add.1 English

Total Page:16

File Type:pdf, Size:1020Kb

ICC-ASP-7-33-Add.1 English International Criminal Court ICC-ASP /7/33/Add.1 Assembly of States Parties Distr.: General 8 December 2008 Original: English/French/Spanish Seventh session (first resumption) New York 19-23 January 2009 Third election of judges of the International Criminal Court Addendum ASP-08-0496 ICC-ASP/7/33/Add.1 Page 2 Annex Alphabetical list of candidates (with statements of qualifications) Contents Name and nationality Page 1. AGBANRIN-ELISHA, Victoire Désirée Adétoro (Benin) ................................ 3 2. ALUOCH, Joyce (Kenya) ................................................................ ..................... 7 3. ARBOLEDA RIPOLL, Fernando Enrique (Colombia) ................................ ........ 12 4. CHIBESAKUNDA, Lombe P. (Zambia) ................................ .............................. 17 5. DASCALOPOULOU - LIVADA, Phani (Greece) ................................ ............... 22 6. DUGARD, Christopher John Robert (South Africa)................................ ............. 29 7. EBOE-OSUJI, Chile (Nigeria)................................................................ .............. 51 8. GONZÁLEZ CABAL, María del Carmen (Ecuador) ................................ ........... 61 9. KAM, Gberdao Gustave (Burkina Faso)................................ ............................... 67 10. MONAGENG, Sanji Mmasenono (Botswana)................................ ...................... 83 11. N’GUM, Aminatta Lois Runeni (The Gambia)................................ ..................... 95 12. RASOAZANANY, Vonimbolana (Madagascar)................................ ..................105 13. SAIGA, Fumiko (Japan)................................................................ ........................109 14. SHAHABUDDEEN, Mohamed (Guyana)................................ ............................114 15. SITA AKELE MUILA, Angélique (Democratic Republic of the Congo) ............124 16. SOW, El Hadji Malick (Senegal) ................................................................ ..........135 17. TARFUSSER, Cuno (Italy)................................................................ ...................145 18. THOMASSEN, Wilhelmina (Netherlands)................................ ...........................150 19. THOMPSON, Rosolu John Bankole (Sierra Leone)................................ .............156 20. VAN DEN WYNGAERT, Christine (Belgium) ................................ ...................164 21. VUKOJE, Dragomir (Bosnia and Herzegovina)................................ ...................174 ICC-ASP/7/33/Add.1 Page 3 1. Agbanrin-Elisha, Victoire Désirée Adétoro (Benin) [Original: French] Note verbale The Minister of Benin for Foreign Affairs, African Integration, the Francophone community and Expatriate Beninese presents his compliments to the Secretariat of the Assembly of States Parties to the Rome Statute of the International Criminal Court and has the honour to submit to the Secretariat as an attachment hereto a file on the nomination of Maître Victoire Désirée Adétoro Agbanrin-Elisha, Advocate at the Cotonou Court of Appeal, as candidate in the elections for judges of the International Criminal Court, scheduled to be held in January 2009 at the first resumption of the seventh session of the Assembly of States Parties. The Government of Benin nominates Maître Agbanrin-Elisha for election on list A. As can be seen from the curriculum vitae attached hereto, Maître Agbanrin-Elisha served as judge, counsellor and prosecutor in the courts of Benin from 1970 to 1988, before establishing a practice as advocate at the Cotonou Court of Appeal on her retirement in 1989. On the basis of her experience and proven abilities, this candidate had already been shortlisted in 2003 for the post of Deputy Prosecutor at the Court. This nomination is submitted by the Government of Benin with the intention of providing the international criminal justice system with the opportunity to benefit from the experience and professionalism of Maître Agbanrin-Elisha. … *** Statement of qualifications Personal Date of birth: 28 March 1944 Place of birth: Pobé, Benin Nationality: Beninese Education 1963 - 1967 Faculty of Law, University of Poitiers, France – Degree ( Licence ) in Public Law. Professional training 1967 - 1969 Judiciary - Centre National d’Etudes Judiciaires [National Training Institute for the Judiciary], Paris (France); internship at the Poitiers Court of Appeal. ICC-ASP/7/33/Add.1 Page 4 Professional experience 1970 - 1971 Investigating Judge at the Cotonou Tribunal de première instance. - Investigations, at the request of the Public Prosecutor or on application by a civil complainant, into all felonies or misdemeanours committed within the jurisdiction of the Tribunal. 1971 - 1972 Judge for Juveniles at the Cotonou Tribunal de première instance, with jurisdiction extended to the Porto Novo and Ouidah Tribunals. - Investigations into felonies or misdemeanours committed by minors; - Placing of delinquent minors; - Presiding Judge of the Juvenile Court. 1972 - 1973 Judge of the Cotonou Tribunal de première instance, with responsibility for matters concerning civil status. - Presiding Judge at conciliation and trial hearings in matters of divorce, spousal maintenance, infant custody, paternity disputes and searches, adoption, civil status, etc. 1973 - 1975 Counsellor at the Cotonou Court of Appeal. - Assessor in the Customary Law Chamber, hearing appeals in land and civil status disputes under customary law; - President of the Correctional Chamber, hearing appeals in criminal cases. 1975 - 1978 Investigating Judge at the Cotonou Tribunal de première instance. - Investigations, on the instruction of the Public Prosecutor or of the Prosecutor-General of the Cotonou Court of Appeal, into all felonies or misdemeanours committed within the jurisdiction of the Tribunal, or, in exceptional cases, outside the jurisdiction ; - Presiding Judge for flagrant offences, trying flagrant offences committed within the Tribunal’s jurisdiction. 1978 - 1981 Counsellor at the Cotonou Court of Appeal. - President of the Chambre d’accusation [Indictments Chamber]. In a personal capacity : • Supervision of the activities of all offices of investigating judges of the Cotonou Tribunals; • Visits to Benin prisons to check the situation of accused persons held in pre-trial detention or on the orders of the Indictments Chamber, in order to decide whether pre-trial detention should be maintained. ICC-ASP/7/33/Add.1 Page 5 Jointly with the two other members of the Indictments Chamber: • Supervising the actions of the police; • Checking that correct procedure was being followed in cases under investigation by investigating judges; • Assessing charges and deciding whether accused persons should be sent for trial before the Assize Court, including issue of arrest warrants; • For police and correctional offences, hearing appeals from decisions of investigating judges. 1981 - 1986 Public Prosecutor for the Cotonou Tribunal de première instance. - Control of police officers within the jurisdiction of the Tribunal; - Receipt of complaints and denunciations; - Opening preliminary investigations and receipt of reports of investigations; - Ordering enquiries into causes of deaths (discoveries of bodies); - Initiating criminal prosecutions, by: (i) Instructions to the Investigating Judge or to the Judge for Juveniles; Reference to the Tribunal in the case of flagrant crimes, in accordance with the relevant procedure; Direct reference to the correctional or police courts; and (ii) Transmission to the Prosecutor-General for the Court of Appeal of files on investigations under the procedure for flagrant crimes; Participation as Prosecutor in hearings of the correctional and police courts; Participation in a number of sessions of the Assize Court, as: • Public Prosecutor (submissions in cases of fraudulent conversion of public funds; murder; poisoning; rape; armed robbery; manslaughter; conspiracy, etc.); • President of the Assize Court for cases as aforesaid. 1986 - 1988 Counsellor at the Court of Appeal: President of the Indictments Chamber, carrying out the same duties as in 1975 - 1981. February - Counsellor in the Judicial Chamber of the Supreme Court. September 1988 - Examination of files in criminal appeals as Counsellor/ Rapporteur; - Preparation of reports; - Participation in hearings of the Judicial Chamber as Counsellor. October 1988 Took early retirement on 1 October 1988, after a judicial career spanning 20 years. ICC-ASP/7/33/Add.1 Page 6 1989 Admitted to the Benin Order of Advocates; sworn in on 22 June 1989 at the Cotonou Court of Appeal. Since 1989 Advocate at the Cotonou Court of Appeal: specializing in criminal law, civil law, commercial law, customary law, etc. Member of the Council of the Order of Advocates since 1989: Chair of the Committee responsible for relations with judges; Participation in various activities on the instructions of the Order; - Authority to coordinate and settle conflicts, quasi-conflicts and working and professional relations between advocates and judges. Other activities 1973 Attendance at the IDEF Congress (Institute for French-speaking Lawyers), Tunis: Presentation of a paper on “Women in Dahomeyan Customary Law”, published in R. Jur. Pol. Ind; Coop. L 28 No 4, pp. 505 to 1336, Paris, December 1973. 1985 Participation in the work of the Conference on Crime Prevention and Criminal Justice, organized by the United Nations in Milan (Italy). Study trip (comparative law) to the United States, organized by the United Nations
Recommended publications
  • The Proliferation of Dissenting Opinions.Indb
    Cover Page The handle http://hdl.handle.net/1887/123230 holds various files of this Leiden University dissertation. Author: Sarmiento Lamus, A.D. Title: The proliferation of dissenting opinions in international law: A comparative analysis of the exercise of the right to dissent at the ICJ and IACtHR Issue Date: 2020-07-08 The proliferation of dissenting opinions in international law A comparative analysis of the exercise of the right to dissent at the ICJ and the IACtHR 544424-L-bw-Sarmiento 544424-L-bw-Sarmiento The proliferation of dissenting opinions in international law A comparative analysis of the exercise of the right to dissent at the ICJ and the IACtHR PROEFSCHRIFT ter verkrijging van de graad van Doctor aan de Universiteit Leiden, op gezag van Rector Magnificus prof. mr. C.J.J.M. Stolker, volgens besluit van het College voor Promoties te verdedigen op woensdag 8 juli 2020 klokke 16.15 uur door Andrés Dario Sarmiento Lamus geboren te Bogota, Colombia in 1985 544424-L-bw-Sarmiento Promotoren: Prof. dr. L.J. van den Herik Prof. dr. Y.A.A.S. Radi (Université Chatolique de Louivain) Promotiecommissie: Dr. J. Powderly Dr. G. Le Moli Prof. dr. E. Ferrer MacGregor (Universidad Nacional Autónoma de México, México) Prof. dr. D. Kritsiotis (University of Nottingham, United Kingdom) Lay-out: AlphaZet prepress, Bodegraven Printwerk: Ipskamp Printing © 2020 A.D. Sarmiento Lamus Behoudens de in of krachtens de Auteurswet van 1912 gestelde uitzonderingen mag niets in deze uitgave worden verveelvoudigd, opgeslagen in een geautomatiseerd gegevensbestand of openbaar gemaakt, in enige vorm op enige wijze, hetzij elektronisch, mechanisch, door fotokopieën, opnamen of enige andere manier, zonder voorafgaande schriftelijke toestemming van de uitgever.
    [Show full text]
  • Memorandum of the Bolivarian Republic of Venezuela on The
    Memorandum of the Bolivarian Republic of Venezuela on the Application filed before the International Court of Justice by the Cooperative of Guyana on March 29th, 2018 ANNEX Table of Contents I. Venezuela’s territorial claim and process of decolonization of the British Guyana, 1961-1965 ................................................................... 3 II. London Conference, December 9th-10th, 1965………………………15 III. Geneva Conference, February 16th-17th, 1966………………………20 IV. Intervention of Minister Iribarren Borges on the Geneva Agreement at the National Congress, March 17th, 1966……………………………25 V. The recognition of Guyana by Venezuela, May 1966 ........................ 37 VI. Mixed Commission, 1966-1970 .......................................................... 41 VII. The Protocol of Port of Spain, 1970-1982 .......................................... 49 VIII. Reactivation of the Geneva Agreement: election of means of settlement by the Secretary-General of the United Nations, 1982-198371 IX. The choice of Good Offices, 1983-1989 ............................................. 83 X. The process of Good Offices, 1989-2014 ........................................... 87 XI. Work Plan Proposal: Process of good offices in the border dispute between Guyana and Venezuela, 2013 ............................................. 116 XII. Events leading to the communiqué of the UN Secretary-General of January 30th, 2018 (2014-2018) ....................................................... 118 2 I. Venezuela’s territorial claim and Process of decolonization
    [Show full text]
  • Assemblée Générale Distr
    Nations Unies A/59/439* Assemblée générale Distr. générale 10 décembre 2004 Français Original: anglais/espagnol/français Cinquante-neuvième session Point 18 de l’ordre du jour Élection de juges du Tribunal pénal international chargé de juger les personnes accusées de violations graves du droit international humanitaire commises sur le territoire de l’ex-Yougoslavie depuis 1991 Curriculum vitæ des candidats présentés par les États Membres de l’Organisation des Nations Unies Note du Secrétaire général Table des matières Page I. Introduction ................................................................... 3 II. Curriculum vitæ des candidats .................................................... 4 Carmel A. Agius (Malte)......................................................... 4 Jean-Claude Antonetti (France) ................................................... 15 Iain Bonomy (Royaume-Uni de Grande-Bretagne et d’Irlande du Nord) .................. 18 Liu Daqun (Chine).............................................................. 20 Mohamed Amin El-Abbassi El Mahdi (Égypte) ...................................... 24 Elhagi Abdulkader Emberesh (Jamahiriya arabe libyenne) ............................. 27 Rigoberto Espinal Irias (Honduras) ................................................ 30 O-gon Kwon (République de Corée) ............................................... 35 Theodor Meron (États-Unis d’Amérique) ........................................... 38 Bakone Melema Moloto (Afrique du Sud) .......................................... 40 Prisca
    [Show full text]
  • BOSNIA-HERZEGOVINA V. YUGOSLAVIA)
    INTERNATIONAL COURT OF JUSTICE 11 July 1996 General List No. 91 CASE CONCERNING APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (BOSNIA-HERZEGOVINA v. YUGOSLAVIA) PRELIMINARY OBJECTIONS Jurisdiction of the Court — Withdrawal of the fourth preliminary objection of Yugoslavia — Article IX of the Genocide Convention: (a) Jurisdiction ratione personae — Intention expressed by Yugoslavia to remain bound by the treaties to which the former Yugoslavia was party — It has not been contested that Yugoslavia was party to the Genocide Convention — Notice of Succession addressed by Bosnia-Herzegovina to the Secretary-General of the United Nations — Accession to independence of Bosnia-Herzegovina and admission to the United Nations — Article XI of the Genocide Convention opens it to "any Member of the United Nations" — Bosnia-Herzegovina could become a party to the Genocide Convention through the mechanism of State succession — Lack of mutual recognition of the Parties at the time of filing of the Application — Article X of the Dayton-Paris Agreement — Principle whereby the Court should not penalize a defect in a procedural act which the applicant could easily remedy. (b) Jurisdiction ratione materiae — Existence of a legal dispute — Dispute falling within the provisions of Article IX of the Genocide Convention — Applicability of the Convention without reference to the circumstances linked to the domestic or international nature of the conflict — The question whether Yugoslavia took part in the conflict at issue belongs to the merits — The obligation each State has to prevent and punish the crime of genocide is not territorially limited by the Convention — Article IX does not exclude any form of State responsibility under the Convention.
    [Show full text]
  • Statement of Qualifications Statement Submitted in Accordance
    Statement of qualifications Statement submitted in accordance with article 36, paragraph 4 (a), of the Rome Statute of the International Criminal Court relating to the procedure for the nomination and election of judges of the International Criminal Court. (a) Judge Mohamed Shahabuddeen, the Guyanese candidate for judge of the Court, is a person of high moral character, impartiality and integrity, who possesses the qualifications required in Guyana for appointment to the highest judicial offices. (b) (i) Judge Shahabuddeen is one of the prominent legal experts in Guyana and a qualified lawyer from a common law legal system, having several decades of standing at the Bar of Guyana. He has served as a Counsel, Magistrate, Crown Counsel, Solicitor General (1962 - 1973) with the rank of a Justice of Appeal and Attorney General (1973 - 1987). From 1978 to 1987, Judge Shahabuddeen served as Minister of Legal Affairs and Acting Minister of Foreign Affairs and has also held the position of First Deputy Prime Minister and Vice- President within the Government of Guyana. Judge Shahabuddeen also has extensive international legal experience, having served as a judge at the International Court of Justice, (1988 - 1997) and currently sitting as judge on the International Tribunal for the former Yugoslavia and in the Appeals Chamber of the International Tribunal for Rwanda. In recognition of his vast legal experience and suitability in accordance with the stipulations of article 36, paragraph 4 (a) (i), of the Rome Statute, the Government of Guyana has decided to nominate Judge Mohamed Shahabuddeen as a judge of the Court. (b) (ii) Judge Shahabuddeen is nominated as Guyana’s candidate for judge of the Court for inclusion in list B, in accordance with article 36, paragraph 5, of the Rome Statue.
    [Show full text]
  • Summer Law Review.Book
    NEW YORK INTERNATIONAL LAW REVIEW Summer 2006 Vol. 19, No. 2 Articles Reversing the Flow: International Law and Chinese Hydropower Development on the Headwaters of the Mekong River L. Waldron Davis..................................................................................................1 The Availability of Damages to Foreign Nationals for Violation of the Consular Relations Treaty David Sweis........................................................................................................63 Occupational Jurisdiction: A Critical Analysis of the Iraqi Special Tribunal Ryan Swift...........................................................................................................99 Recent Decisions Banco Central de Paraguay v. Paraguay Humanitarian Found., Inc.............141 United States District Court for the Southern District of New York dismissed with prejudice a counter- claim because the foreign defendants asserted their claim against an opposing party in a capacity that was different from that in which the party sued. SARL Louis Feraud Int’l v. Viewfinder Inc. ....................................................149 A foreign judgment cannot be enforced against an American corporation when repugnant to the funda- mental notions of public policy of the United States and the forum state. Hongkong and Shanghai Banking Corp. Ltd. v. Suveyke ...............................157 The United States District Court for the Eastern District of New York applied the standard set forth by the Supreme Court in M/S Bremen v. Zapata
    [Show full text]
  • Proceedings and Debates of the National Assembly of the First
    PROCEEDINGS AND DEBATES OF THE NATIONAL ASSEMBLY OF THE FIRST SESSION (2015-2018) OF THE ELEVENTH PARLIAMENT OF GUYANA UNDER THE CONSTITUTION OF THE CO-OPERATIVE REPUBLIC OF GUYANA HELD IN THE PARLIAMENT CHAMBER, PUBLIC BUILDINGS, BRICKDAM, GEORGETOWN 86TH Sitting Thursday, 15TH March, 2018 Assembly convened at 2.21 p.m. Prayers [Mr. Speaker in the Chair] ANNOUNCEMENTS BY THE SPEAKER Leave granted to Members Mr. Speaker: Hon. Members, leave from today’s Sitting has been granted to Hon. Ms. Africo Selman and Hon. Mr. Komal Chand. Visit by students and teachers from Valmiki Vidyalaya High School Hon. Members, we have with us, today, visitors from the Valmiki Vidyalaya High School; 25 students and two teachers are here to observe our proceedings today. I bid you welcome, teachers and students. I hope that you will profit from being with us today. [Applause] Prize-giving Ceremony I must tell you, too, Hon. Members, that, on Tuesday, there was, in the Members of Parliament (MPs) Lounge, a prize-giving to students who distinguished themselves in their presentations at last year’s Commonwealth Day observances under the theme: ‘A Peace-Building 1 Commonwealth’. Art depicting that theme was presented by students. They were judged and the occasion on Tuesday was the prize-giving to the students. We thought that it would be well done during Commonwealth week. Pieces of those arts are displayed in the MPs’ Lounge and Members are invited to look at them during the recess. Thank you. Death of Dr. Mohamed Shahabuddeen Members, you are all aware of the death of Dr.
    [Show full text]
  • Note Verbale the Permanent Mission of the Republic Of
    Note verbale The Permanent Mission of the Republic of Guyana to the United Nations presents its compliments to the Secretariat of the Assembly of States Parties to the Rome Statute of the International Criminal Court and with reference to the Secretariat’s Note ICC-ASP/7/S/19, dated 15 April 2008, has the honour to inform that the Government of Guyana has decided to nominate Judge Mohamed Shahabuddeen, S.C., for election as a judge of the International Criminal Court, at elections to be held during the resumed seventh session of the Assembly in New York from 19 to 23 January 2009. The nomination of Judge Mohamed Shahabuddeen is submitted as a list B candidate in full accordance with article 36, paragraph 5, of the Rome Statute. Judge Mohamed Shahabuddeen is a person of high moral character, impartiality and integrity, and possesses vast experience as a judge internationally. As a qualified lawyer from a common law legal system, Judge Shahabuddeen has several decades of standing at the bar of Guyana and served both as Attorney General and acting Foreign Minister of Guyana. Having served as a judge of the International Court of Justice (1988 - 1997), judge of the International Criminal Tribunal for the former Yugoslavia (from 1997 to the present, and twice as Vice-President of that Tribunal), judge of the International Criminal Tribunal for Rwanda in its Appeals Chamber (from 1997 to the present), Judge Shahabuddeen has acquired competence in relevant areas of international law pertinent to the judicial work of the Court, such as international humanitarian law, human rights law and law pertaining to violence against women and children.
    [Show full text]
  • Profile of Judicial Candidates: Election
    Profile of Judicial Candidates Election - JANUARY 2009 Women’s Initiatives for Gender Justice The Women‘s Initiatives for Gender Justice is an international women‘s human rights organization which advocates for gender justice through the International Criminal Court (ICC) and works with women most affected by the conflict situations under investigation by the ICC. The Women’s Initiatives for Gender Justice would like to acknowledge and thank the following donors for their financial support: Anonymous Cordaid Foundation Open Society Institute Ministry of Foreign Affairs, the Netherlands Oxfam Novib The Ford Foundation The John D. and Catherine T. MacArthur Foundation The Sigrid Rausing Trust 1 Table of Contents List of Applicants Profiled ……………………………………………….……………….………….…………... 3 List of Applicants Profiled by Region and Gender ………………………………………………………………. 4 Minimum Requirements for the January 2009 Judicial Election ………………………………………………… 5 Academic Achievement and Professional Training ……………………………………………………………… 6 Professional Experience ………………………………………………...…………………………….…………. 9 Relevant Expertise ……………………………………………………………………………………………… 24 Selected Affiliations and Honours…………………………………………………………..………….……….. 30 Article 36 of the Rome Statute: Qualifications, Nomination and Election of Judges 8. (a) The States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for: (i) The representation of the principal legal systems of the world; (ii) Equitable geographical representation; and (iii) A fair representation of female and male judges. (b) States Parties shall also take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women and children. At the resumption of the seventh session of the Assembly of States Parties (ASP), from 19 to 23 January 2009 in New York, six judges of the International Criminal Court will be elected.
    [Show full text]
  • Opportunities with International Tribunals and Foreign Courts
    Opportunities with International Tribunals and Foreign Courts YALE LAW SCHOOL • CAREER DEVELOPMENT OFFICE Table of Contents Chapter 1 Introduction 1. Why work at an International Tribunal or Foreign Court? 2. What is in this Guide? 3. How to Pursue a Position with a Court outside the U.S. Chapter 2 International Tribunals A. Tribunals Offering Opportunities 1. African Court on Human and Peoples’ Rights 2. Court of Justice of the European Union 3. European Court of Auditors 4. European Court of Human Rights 5. European Free Trade Agreement Court 6. Inter-American Court of Human Rights 7. International Chamber of Commerce International Court of Arbitration 8. International Court of Justice 9. International Criminal Court 10. International Criminal Tribunal for the Former Yugoslavia 11. International Tribunal for the Law of the Sea 12. Iran-United States Claims Tribunal 13. Permanent Court of Arbitration 14. World Bank International Centre for Settlement of Investment Disputes 15. World Intellectual Property Organization Arbitration & Mediation Center 16. World Trade Organization Appellate Body B. Additional Tribunals 1. Caribbean Court of Justice 2. Central American Court of Justice 3. Commission for Environmental Cooperation 4. Common Market for Eastern & Southern Africa Court of Justice 5. Court of Justice of the Andean Community 6. East African Court of Justice 7. Economic Community of West African States Community Court of Justice C. Organizations Engaged in Tribunal Work 1. War Crimes Research Office D. Narratives Chapter 3 National Courts A. Opportunities 1. High Court of Australia 2. Federal Court of Australia 3. Courts of Denmark, Faroe Islands, and Greenland 4. Supreme Court of Israel 5.
    [Show full text]