DOCSLIB.ORG

Evaluating the International Criminal Court: a Comparative Analysis of Darfur, Sudan, and the Democratic Republic of the Congo Mirisa Hasfaria University of Arkansas

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Evaluating the International Criminal Court: a Comparative Analysis of Darfur, Sudan, and the Democratic Republic of the Congo Mirisa Hasfaria University of Arkansas University of Arkansas, Fayetteville ScholarWorks@UARK Theses and Dissertations 12-2011 Evaluating the International Criminal Court: A Comparative Analysis of Darfur, Sudan, and the Democratic Republic of the Congo Mirisa Hasfaria University of Arkansas Follow this and additional works at: http://scholarworks.uark.edu/etd Part of the International Relations Commons Recommended Citation Hasfaria, Mirisa, "Evaluating the International Criminal Court: A Comparative Analysis of Darfur, Sudan, and the Democratic Republic of the Congo" (2011). Theses and Dissertations. 234. http://scholarworks.uark.edu/etd/234 This Thesis is brought to you for free and open access by ScholarWorks@UARK. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of ScholarWorks@UARK. For more information, please contact [email protected], [email protected]. EVALUATING THE INTERNATIONAL CRIMINAL COURT: A COMPARATIVE ANALYSIS OF DARFUR, SUDAN, AND THE DEMOCRATIC REPUBLIC OF THE CONGO EVALUATING THE INTERNATIONAL CRIMINAL COURT: A COMPARATIVE ANALYSIS OF DARFUR, SUDAN, AND THE DEMOCRATIC REPUBLIC OF THE CONGO A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in Political Science By Mirisa Hasfaria Universitas Muhammadiyah Yogyakarta Sarjana Ilmu Politik, 2006 December 2011 University of Arkansas ABSTRACT This thesis examines the effectiveness of the International Criminal Court (ICC) in holding individuals accountable for grave breaches of crimes against peace, war crimes, crimes against humanity, and genocide. I argue that if we measure effectiveness in terms of the ability to set agenda and to publicize, the ICC accomplishes much. My thesis to shows that, as a key part of the international agenda on human rights compliance, the ICC derives its effectiveness from the various naming and shaming campaigns by national governments and non-governmental actors (NGOs). I draw on the cases of Darfur, Sudan and the Democratic Republic of the Congo to show that the ICC is effectively realizing its purpose: it gives voice to non-state actors like NGOs, regional actors, and international governmental organizations; it regularizes ways for international actors to be part of the process; it provides information to other stakeholders; and it names and shames the perpetrators of human rights violations. Hence, the ICC gives meaning to the cautious optimism that inspires liberal claims. This thesis is approved for recommendation to the Graduate Council. Thesis Director: ______________________________ Prof. Patrick J. Conge Thesis Committee: ______________________________ Prof. Margaret F. Reid ______________________________ Prof. Andrew J. Dowdle ______________________________ Prof. Ka Zeng THESIS DUPLICATION RELEASE I hereby authorize the University of Arkansas Libraries to duplicate this thesis when needed for research and/or scholarship. Agreed ___________________________ Mirisa Hasfaria Refused ___________________________ ACKNOWLEDGEMENTS My accomplishment would not have been possible had it not been for the individuals whom have supported, assisted, and inspired me. In so much as I am successful, these individuals are consequently bearing this same success, if not more. For it is they, whom have provided the tools that I might learn, and help others in the future learn: J. William Fulbright Foreign Scholarship Boar for a Fulbright award to the University of Arkansas, Prof. Patrick J. Conge, Prof. Margaret F. Reid, Prof. Andrew J. Dowdle, Prof. Todd G. Shields, Prof. Ka Zeng, Prof. Najib Ghadbian, Prof. David W. Stahle, Prof. Stephen M. Sheppard, Prof. Dustin N. Sharp, Prof. Seouk-Eun Kim, and Prof. Patrick Stewart. I would also like to thank Associate Dean of Graduate School and International Education Patricia R. Koski; Director of Student Ombuds Service, Susan L. Theiss; Graduate Assistant of University Ombuds Office, Jessica Pope; Director of Office of International Students and Scholars, Michael Freeman; my Foreign Student Advisor, Catherine L. Cunningham; Deputy Executive Director of AMINEF, Piet Hendrardjo; Cynthia J. Smith and all the wonderful members of International Culture Team; all my BFFs Aina Razlin binti Mohammad Roose, Ainul Fajri, Cut Dian Fitri, Cut Endah Setya Handayaningsih, Emile Phaneuf III, Fajar Radite, Laura Sassyfrass Mullins, Mirey Lesly Medina, Moloko Raxina Kgare, Petra K. Mulyani, Shankar Ravi, Thu Quynh Pham, and Wan Wizana Hashim. Lastly, I would like to thank Austin J. Adams for his love, morality, intelligence, and support, despite all and every opportunity to not hold these attributes to be true and good. DEDICATION I would like to dedicate this achievement to my family: Papa Amir Syarifuddin, Mama Sri Hastuti, siblings Mirza Fitra, Mirna Fitri, Miryanti Sari, Mirvan Syah Putra, and Mirfathul Authar. I would also like to dedicate this achievement to my CH-family: Papa Gian J. Baumann, Mami Regula Baumann, siblings Christin Eigenmann, Nick Baumann, Julie Baumann, Phil Baumann, and Noemi Baumann. TABLE OF CONTENTS I. Introduction 1 Realism and Liberalism 2 Background of the Problem 3 Legal Contours of the ICC 8 Purpose and Method 9 II. The Debate Over International Institutions and The Establishment of The ICC 11 Theoretical Debate over International Institutions: Realist And Liberal Perspectives 13 Relevance of Naming and Shaming 21 Establishment of the ICC 27 United States Opposition to the ICC 38 III. A Comparative Analysis of Darfur, Sudan and the Democratic Republic of the Congo 41 A. Darfur, Sudan 41 Sudan’s Political Instability 42 Sudan’s Socio-Economic Situation 51 Naming and Shaming on Darfur and the International Criminal Court’s Indictment 54 B. The Democratic Republic of the Congo 67 Congo’s Political Instability 68 Congo’s Socio-Economic Situation 75 Naming and Shaming on the Democratic Republic of The Congo and the International Criminal Court 83 IV. On The Effectiveness of Naming and Shaming To The Power of ICC and The Way Forward 90 V. Bibliography 96 VI. Appendices Appendix A – War Crimes Under The Rome Statute 107 Appendix B – Institutional Review Board Initial Protocol 111 Appendix C – Institutional Review Board Modifying Protocol 112 Appendix D – US Bilateral Immunity or “Article 98” Agreements 113 Appendix E – International Criminal Court and International Court of Justice Supranational Elements 117 Appendix F – Darfur’s Non-Signatory Movements 119 Appendix G – Major Humanitarian Agreements Binding on Sudanese Parties 121 Appendix H – List of Transnational Advocacy Networks Reports and United Nations Security Council Resolution on Darfur And the Democratic Republic of the Congo Issues 123 LIST OF TABLES Table 2.1: Summary of Human Rights Instruments and Treaties Sponsored by The United Nations 12 Table 2.2: Summary of Theoretical Debates on Culture of Compliance Toward Human Rights Treaties’ Ratification 20 Table 2.3: Summary of Investigations and Prosecutions by the International Criminal Court as of October 31, 2011 35 Table 3.4: Corruption Perceptions Index of The Republic of Sudan 54 Table 3.7: Corruption Perceptions Index of the Democratic Republic of The Congo 79 Table 4.1: Types of Prevention in the ICC and Security Council 94 LIST OF FIGURES Figure 2.1: Number of Countries Shamed Over Time 22 Figure 3.1: Darfur’s IDP Concentrations and Refugee Locations as of May 2004 48 Figure 3.2: The Republic of Sudan GDP Per Capita (in PPP US$) 1998 – 2010 53 Figure 3.3: The Republic of Sudan Human Development Index 1998 – 2010 53 Figure 3.5: The Democratic Republic of the Congo GDP Per Capita (in PPP US$) 1998 – 2010 77 Figure 3.6: The Democratic Republic of the Congo Human Development Index 1998 – 2010 78 1 PART I INTRODUCTION The international community increasingly seeks to hold individuals accountable for grave breaches of crimes against peace, war crimes, crimes against humanity and genocide. There are different solutions that range from the codification of international human rights and humanitarian law treaties to engagement in an internationally agreed mechanism to punish the perpetrators. Nevertheless, they share a common search for standards of compliance. Though national courts can be the most effective mechanisms for prosecuting such violations, international institutions also matter and are effective in their own right. I argue that, if we think of effectiveness as agenda setting and publicity, much is accomplished at the international level. This is especially so if we take a longer view. The international commitment to punish serious human rights violators has moved from ad hoc tribunals to more regularized forums. A recent example is the International Criminal Court (ICC). The establishment of the ICC is an important part of this growing commitment and in its short history its contribution is significant. My purpose in this thesis is to show that, as a key part of the international agenda on human rights compliance, the initial effectiveness of the ICC is a result of various naming and shaming campaigns by national governments and non-governmental actors (NGOs). The effort to publicize major crimes and violations gives the ICC added visibility. I seek to address the effectiveness of international institutions in protecting human rights in my thesis by examining one of the most recent and controversial of these institutions, the ICC. My thesis is divided into three parts. First, I specify the purpose of the ICC. Second, I show that, under certain conditions, the ICC is effectively realizing its purpose. Third, I argue
Load more

Recommended publications
  • Darfur Genocide
    Darfur genocide Berkeley Model United Nations Welcome Letter Hi everyone! Welcome to the Darfur Historical Crisis committee. My name is Laura Nguyen and I will be your head chair for BMUN 69. This committee will take place from roughly 2006 to 2010. Although we will all be in the same physical chamber, you can imagine that committee is an amalgamation of peace conferences, UN meetings, private Janjaweed or SLM meetings, etc. with the goal of preventing the Darfur Genocide and ending the War in Darfur. To be honest, I was initially wary of choosing the genocide in Darfur as this committee’s topic; people in Darfur. I also understood that in order for this to be educationally stimulating for you all, some characters who committed atrocious war crimes had to be included in debate. That being said, I chose to move on with this topic because I trust you are all responsible and intelligent, and that you will treat Darfur with respect. The War in Darfur and the ensuing genocide are grim reminders of the violence that is easily born from intolerance. Equally regrettable are the in Africa and the Middle East are woefully inadequate for what Darfur truly needs. I hope that understanding those failures and engaging with the ways we could’ve avoided them helps you all grow and become better leaders and thinkers. My best advice for you is to get familiar with the historical processes by which ethnic brave, be creative, and have fun! A little bit about me (she/her) — I’m currently a third-year at Cal majoring in Sociology and minoring in Data Science.
    [Show full text]
  • Media Monitoring Report United Nations Mission in Sudan/ Public Information Office
    18 May 2009 Media Monitoring Report www.unmis.org United Nations Mission in Sudan/ Public Information Office Headlines • Sudanese Ambassador reiterates rejection of the ICC (dailies/ST/AP) • Defence Minister fails to appear before Parliament (Al-Rai Al-Aam) • Foreign Minister meets SG Ban Ki-moon (Al-Raed) • NCP, SPLM MPs to meet on Press Act (Al-Rai Al-Aam) • “Sudanese state unjust” – Pagan Amum (Al-Rai Al-Aam) • SPLM responds to criticism from Eritrean President (Al-Watan) • NCP official slams SPLM’s Pagan on recent statement (Al-Ahdath) • Mediation between Khartoum and N’djamena difficult – MFA (Al-Wifaq) • Arab League, OIC and AU to meet in Khartoum (dailies) • Rebels say they take North Darfur town (AFP) • Chad completes military operations inside Sudan – official (ST) NOTE: Reproduction here does not mean that the UNMIS PIO can vouch for the accuracy or veracity of the contents, nor does this report reflect the views of the United Nations Mission in Sudan. Furthermore, international copyright exists on some materials and this summary should not be disseminated beyond the intended list of recipients. Address: UNMIS Headquarters, P.O. Box 69, Ibeid Khatim St, Khartoum 11111, SUDAN Phone: (+249-1) 8708 6000 - Fax: (+249-1) 8708 6200 Highlights Highlights Sudanese Ambassador reiterates rejection of the ICC Commenting on reports of a Sudanese rebel leader who would appear before the ICC today to listen to charges of war crimes, the Sudanese Ambassador to UN Abdul Mahmoud Abdul Haleem said, “We reject the trial or appearance of any Sudanese national before the Court” Al- Rai Al-Aam reports.
    [Show full text]
  • The Economics of Ethnic Cleansing in Darfur
    The Economics of Ethnic Cleansing in Darfur John Prendergast, Omer Ismail, and Akshaya Kumar August 2013 WWW.ENOUGHPROJECT.ORG WWW.SATSENTINEL.ORG The Economics of Ethnic Cleansing in Darfur John Prendergast, Omer Ismail, and Akshaya Kumar August 2013 COVER PHOTO Displaced Beni Hussein cattle shepherds take shelter on the outskirts of El Sereif village, North Darfur. Fighting over gold mines in North Darfur’s Jebel Amer area between the Janjaweed Abbala forces and Beni Hussein tribe started early this January and resulted in mass displacement of thousands. AP PHOTO/UNAMID, ALBERT GONZALEZ FARRAN Overview Darfur is burning again, with devastating results for its people. A kaleidoscope of Janjaweed forces are once again torching villages, terrorizing civilians, and systematically clearing prime land and resource-rich areas of their inhabitants. The latest ethnic-cleans- ing campaign has already displaced more than 300,000 Darfuris this year and forced more than 75,000 to seek refuge in neighboring Chad, the largest population displace- ment in recent years.1 An economic agenda is emerging as a major driver for the escalating violence. At the height of the mass atrocities committed from 2003 to 2005, the Sudanese regime’s strategy appeared to be driven primarily by the counterinsurgency objectives and secondarily by the acquisition of salaries and war booty. Undeniably, even at that time, the government could have only secured the loyalty of its proxy Janjaweed militias by allowing them to keep the fertile lands from which they evicted the original inhabitants. Today’s violence is even more visibly fueled by monetary motivations, which include land grabbing; consolidating control of recently discovered gold mines; manipulating reconciliation conferences for increased “blood money”; expanding protection rackets and smuggling networks; demanding ransoms; undertaking bank robberies; and resum- ing the large-scale looting that marked earlier periods of the conflict.
    [Show full text]
  • US Dept of State Human Rights Report
    SUDAN Sudan, a republic with an estimated population of 40 million, is governed according to a power-sharing arrangement established by the 2005 Comprehensive Peace Agreement (CPA), which ended the 22-year civil war between the North and South and established an interim Government of National Unity (GNU). The GNU is composed of the National Congress Party (NCP), dominated by Islamists from the North and ruled by authoritarian President Omar Hassan al-Bashir and his inner circle, and the Sudan People's Liberation Movement (SPLM), led predominantly by Christians and practitioners of traditional indigenous religions from the South. From April 11 to 15, the country held its first nationwide, multiparty elections in 24 years. The elections, which several Northern opposition parties boycotted, did not meet international standards. Observers reported problems including the restriction of civil liberties; inadequate logistical preparations; intimidation and threats of violence, particularly in the South; that ongoing conflict in Darfur did not permit an environment conducive to elections; and that the tabulation process was not transparent and did not follow procedural safeguards, raising "questions about the accuracy of the election results." President Bashir was reelected, and his political party won 323 out of 450 seats in the National Assembly. The SPLM is the ruling party of the semiautonomous Government of Southern Sudan (GOSS), which ratified a separate constitution in 2005. A referendum to determine whether the South would become an independent entity was scheduled for January 2011. A CPA-mandated simultaneous referendum on the status of the Abyei area was indefinitely postponed. The country experienced several violent conflicts during the year, including continued conflict in Darfur and in the South.
    [Show full text]
  • Accountability for Sexual and Gender-Based Crimes at the ICC: an Analysis of Prosecutor Bensouda’S Legacy
    ACCOUNTABILITY FOR SEXUAL AND GENDER-BASED CRIMES AT THE ICC: AN ANALYSIS OF PROSECUTOR BENSOUDA’s LEGACY June 2021 / N° 772a Cover picture : ICC Prosecutor Fatou Bensouda and representatives of her Office at a hearing in an ICC Courtroom, 2 September 2015 © ICC-CPI Table of Contents Preface ...................................................................................................................................................4 I. Introduction ........................................................................................................................................5 II. Prosecutor Bensouda’s Strategy to Address Sexual and Gender-Based Crimes ...........................6 III. The SGBC Policy in Practice – Progress and Setbacks .................................................................8 3.1. Preliminary Examinations and Investigations .................................................................................... 8 a) Preliminary Examinations ................................................................................................................... 9 b) Investigations ......................................................................................................................................... 9 3.2. Charges for Sexual and Gender-Based Crimes .................................................................................. 9 3.3. Progress - Recent Achievements in Cases .......................................................................................... 11 3.4. Setbacks - Establishing
    [Show full text]
  • CPY Document
    REPORT OF THE CHIEF LEGISLATIVE ANALYST DATE: June 13. 2007 TO: Honorable Members Intergovernental Relations Committee FROM: Gerr F. Mille~ Chief Legislative Analyst SUBJECT: Resolution (Parks/HahnGarcetti) concerning support for AB 1089 (Hernandez) to restrict State contracting with companies with ties to the government of Sudan. CLA RECOMMENDATION: That the City Council, with concurrence of the Mayor, adopt the attached resolution to SUPPORT AB 1089 (Hernandez) to restrict State contracting with companies with ties to the government of Sudan. SUMMARY: AB 1089 (Hernandez) would prohibit a State agency from contracting with companies that have ties to the governent of Sudan. The California Department of General Services would be required to prepare a list of scrutinized companies and update that list on a semi-anual basis. State agencies, then, would not be able to contract with any business on that list. In September 2006, the Legislature passed and Governor signed AB 2941 (Koretz) which prohibits the California Public Employees Retirement System and the California State Teacher's Retirement System from investing in companies with business operations in Sudan. These bills seek to address what President Bush and the United States Congress have described as genocide against the people of the Darfur region of Sudan. The State of California in the past has taken similar actions with regard to South Africa. BILL STATUS Introduced Februar 25, 2007 Passed Assembly June 7, 2007 Pending review in Senate , J n Wickham IJt:~ gislative Analyst GFM:JW:jw Attachment: 1. Resolution to Support AB 1089 (Dymally) 2. AB 1089 ( AMENDED IN ASSEMBLY JUNE 1,2007 AMENDED IN ASSEMBLY MAY 8, 2007 AMENDED IN ASSEMBLY APRIL 9, 2007 CALIFORNIA LEGISLATURE-2007-o8 REGULAR SESSION ASSEMBLY BILL No.
    [Show full text]
  • The Gendering and Racialization of Power in Genocide
    University of Central Florida STARS Electronic Theses and Dissertations, 2004-2019 2012 Establishing Difference: The Gendering And Racialization Of Power In Genocide Erin E. Welsh University of Central Florida Part of the International Relations Commons Find similar works at: https://stars.library.ucf.edu/etd University of Central Florida Libraries http://library.ucf.edu This Masters Thesis (Open Access) is brought to you for free and open access by STARS. It has been accepted for inclusion in Electronic Theses and Dissertations, 2004-2019 by an authorized administrator of STARS. For more information, please contact [email protected]. STARS Citation Welsh, Erin E., "Establishing Difference: The Gendering And Racialization Of Power In Genocide" (2012). Electronic Theses and Dissertations, 2004-2019. 2171. https://stars.library.ucf.edu/etd/2171 ESTABLISHING DIFFERENCE: THE GENDERING AND RACIALIZATION OF POWER IN GENOCIDE by ERIN E. WELSH B.A. Randolph-Macon College, 1999 A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in the Department of Political Science in the College of College of Sciences at the University of Central Florida Orlando, Florida Spring Term 2012 © 2012 Erin E. Welsh ii ABSTRACT This thesis is designed to delve deeper into perceptions of identity, specifically gender and racial identity, the power relationship that emerges as each of these switches is reached in the progression towards genocide, and the effects of these perceptions during and after the genocide takes place. The primary question addressed is whether the power relationship that emerges as a result of these pre-genocidal stages becomes gendered and racialized due to perceptions rooted in a male-dominated hierarchy and a belief in the superiority of one ethnicity over another.
    [Show full text]
  • S/PV.6778 Security Council Provisional Asdfsixty-Seventh Year 6778Th Meeting Tuesday, 5 June 2012, 10 A.M
    United Nations S/PV.6778 Security Council Provisional asdfSixty-seventh year 6778th meeting Tuesday, 5 June 2012, 10 a.m. New York President: Mr. Li Baodong ....................................... (China) Members: Azerbaijan ........................................... Mr. Mehdiyev Colombia ............................................ Mr. Osorio France ............................................... Mr. Briens Germany ............................................. Mr. Wittig Guatemala ........................................... Mr. Rosenthal India ................................................ Mr. Hardeep Singh Puri Morocco ............................................. Mr. Bouchaara Pakistan ............................................. Mr. Tarar Portugal ............................................. Mr. Cabral Russian Federation ..................................... Mr. Karev South Africa . Mr. Mashabane Togo ................................................ Mr. Menan United Kingdom of Great Britain and Northern Ireland ........ Mr. McKell United States of America ................................ Mr. DeLaurentis Agenda Reports of the Secretary-General on the Sudan This record contains the text of speeches delivered in English and of the interpretation of speeches delivered in the other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the
    [Show full text]
  • The International Criminal Court and the Indictment of President Omar Al-Bashir Implications for Sudan and Africa
    BRIEFING NO 10 FEBRUARY 2010 BRIEFINGG NR 2 APRIL 2008 The International Criminal Court and the Indictment of President Omar al-Bashir Implications for Sudan and Africa Korwa Gombe Adar This policy brief provides a synopsis of the Darfur crisis; analyses the implications of the indict- ment of Sudanese President Omar Hassan Ahmad al-Bashir on peace, security and stability in Sudan, and Darfur in particular; and addresses the impact of the indictment of Bashir on Africa’s continental and regional interests. It concludes by offering broad-based recommenda- tions on the future role of the International Criminal Court (ICC). Introduction its work in and out of Sudan between 5 February and 15 March 2007.1 Pursuant to the directive of the United Nations The HLM was preceded by a UNSC Commission Security Council (UNSC) resolution 1593 (2005) of Inquiry led by Antonio Cassese to investigate and the UN General Assembly (UNGA) resolu- reports of crimes against humanity committed by tion 60/251 of March 2006, which established the belligerent parties in Darfur. The Commission the Human Rights Council (HRC), a High-Level of Inquiry, or the Cassese Commission as it is Mission (HLM) was dispatched to Sudan to car- also known, concluded in the report that “the ryout investigations on the situation in Darfur. Government of Sudan and the Janjaweed are re- Paragraph 1 of resolution 1593 explicitly pro- sponsible for serious violations of international vided that the UNSC should “refer the situation in human rights and humanitarian law.” 2 The report Darfur since 1 July 2002 to the Prosecutor of the of the HLM was presented by the ICC Prosecutor, International Criminal Court” for investigation.
    [Show full text]
  • Grojil 6(1) (2018), 146-160 Implies That Local Remedies Had Been Exhausted
    Groningen Journal of International Law, vol 6(1): Open Submissions Attribution Commons Creative the under licensed is work This ICC and Afrocentrism: The Laws, Politics and Biases in Global Criminal Justice Nwafor Ndubuisi* Mukoro Benjamin Onoriode** DOI: 10.21827/5b51d55740ab8 Keywords INTERNATIONAL CRIMINAL COURT; AFRICA; BIAS; WITHDRAWAL; CONTINUED RELEVANCE - NonCommercial Abstract The International Criminal Court (ICC) was established to prosecute the most serious crimes of concern to the international community as a whole. However, since its inception, the Court has been wholly focused on Africa in terms of indictments and trials. - NoDerivatives 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by visit license, this of copy a view To License. International 4.0 NoDerivatives This has led many Africans, including state leaders, to question the integrity of the Court. While most explanations of the ICC’s focus on Africa have bordered on the political, this work attempts to find out the reason for the Court’s slant towards Africa in the very Statute by which it was established. Therefore, this paper finds that of the four broad crimes that the ICC has jurisdiction to try, three (crimes against humanity, war crimes and genocide) are more likely to occur in Africa, while the fourth (the crime of aggression), will more likely be perpetrated by or at the instigation of individuals in powerful States. Introduction The International Criminal Court (ICC) was set up by the international community to deal with cases involving ‘the most serious crimes of concern to the international community as a whole’.1 African countries played a very important role in bringing the Court into existence.
    [Show full text]
  • ICC Weekly Update, 12 April 2010
    ICC Weekly Update ICC Weekly ICC-PIDS-WU-29/10_Eng Situation in the Democratic Republic of the Congo In this situation, three cases are being heard before the relevant Chambers: The Prosecutor v. Thomas Lubanga Dyilo; The Prosecutor v. Bosco Ntaganda; and The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui. The accused Thomas Lubanga Dyilo, Germain Katanga and Mathieu Ngudjolo Chui are currently in the custody of the ICC. The suspect Bosco Ntaganda remains at large. The trial in the case The Prosecutor v. Thomas Lubanga Dyilo started on 26 January, 2009. The trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui started on 24 November, 2009. Decisions taken between 6 - 9 April, 2010 Katanga and Ngudjolo Chui Case Enregistrement au dossier du rapport de l'expert en langue ngiti concernant l'audience du 4 mars 2010 12 April 2010 #29 Submitted by the Registrar on 6 April, 2010 Situation in Darfur, Sudan In the situation in Darfur, Sudan, three cases are being heard: The Prosecutor v. Ahmad Muhammad Harun (“Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”); The Prosecutor v. Omar Hassan Ahmad Al Bashir; and The Prosecutor v. Bahar Idriss Abu Garda. Three warrants of arrest have been issued by Pre-Trial Chamber I for Harun, Kushayb and Al Bashir for crimes against humanity and war crimes. The three suspects remain at large. A summons to appear was issued for Abu Garda who appeared voluntarily before the Chamber on 18 May 2009. Abu Garda is not in the custody of the ICC.
    [Show full text]
  • Original Paper Jurisdictions of the Hague Court
    World Journal of Social Science Research ISSN 2375-9747 (Print) ISSN 2332-5534 (Online) Vol. 7, No. 1, 2020 www.scholink.org/ojs/index.php/wjssr Original Paper Jurisdictions of the Hague Court Professor Bishnu Pathak1 1 A Noble Peace prize nominee, a former Senior Commissioner at the Commission of Investigation on Enforced Disappeared Persons (CIEDP), Nepal * Bishnu Pathak, A Noble Peace prize nominee, a former Senior Commissioner at the Commission of Investigation on Enforced Disappeared Persons (CIEDP), Nepal Received: January 22, 2020 Accepted: February 7, 2020 Online Published: February 25, 2020 doi:10.22158/wjssr.v7n1p17 URL: http://dx.doi.org/10.22158/wjssr.v7n1p17 Abstract The objectives of the paper are threefold: a) to find out the axiomatic truths, investigating crimes committed in the past; b) to examine the steps of the trial to the perpetrators for acco untability and to deliver justice to the victims without prejudice at present; and c) to foster peace, human security and harmony for not repeating crimes in future. This state-of-the-art paper is prepared based on archival literature review, exchanging and sharing, Rome Statute defined functions and a practical observation approach rather than theoretical conception. The Hague Court gathers and scrutinizes testimonies, questioning victims and witnesses and analyzes the shreds of evidence of a suspect’s inn ocent or guilty. The examination and investigation guided by Rome Statute jurisdiction shall initiate on five criteria: (i) State Party, (ii) Declaration of Acceptance, (iii) Situation Referring by the UNSC, (iv) Transnational Crimes and (v) Petition by Victim/Representative. As of December 2019, 123 countries have become the Member States to the Rome Statute, but China, Iraq, Israel, Libya, Qatar, USA and Yemen voted against the treaty.
    [Show full text]