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Africa and the International Criminal Court: Behind the Backlash and Toward Future Solutions
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Bowdoin College Bowdoin College Bowdoin Digital Commons Honors Projects Student Scholarship and Creative Work 2017 Africa and the International Criminal Court: Behind the Backlash and Toward Future Solutions Marisa O'Toole Bowdoin College, [email protected] Follow this and additional works at: https://digitalcommons.bowdoin.edu/honorsprojects Part of the African Studies Commons, International Law Commons, International Relations Commons, and the Law and Politics Commons Recommended Citation O'Toole, Marisa, "Africa and the International Criminal Court: Behind the Backlash and Toward Future Solutions" (2017). Honors Projects. 64. https://digitalcommons.bowdoin.edu/honorsprojects/64 This Open Access Thesis is brought to you for free and open access by the Student Scholarship and Creative Work at Bowdoin Digital Commons. It has been accepted for inclusion in Honors Projects by an authorized administrator of Bowdoin Digital Commons. For more information, please contact [email protected]. AFRICA AND THE INTERNATIONAL CRIMINAL COURT Behind the Backlash and Toward Future Solutions An Honors Paper for the Department of Government and Legal Studies By Marisa O’Toole Bowdoin College, 2017 ©2017 Marisa O’Toole Introduction Marisa O’Toole Introduction Following the end of World War II, members of international society acknowledged its obligation to address international crimes of mass barbarity. Determined to prevent the recurrence of such atrocities, members took action to create a system of international individual criminal legal accountability. Beginning with the Nuremberg and Tokyo War Crimes trials in 19451 and continuing with the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 19932 and the International Criminal Tribunal for Rwanda (ICTR) in 19943, the international community commenced its ad hoc prosecution of individuals for the commission of international crimes. -
Press Clippings
SPECIAL COURT FOR SIERRA LEONE OUTREACH AND PUBLIC AFFAIRS OFFICE Aerial view of Freetown business district PRESS CLIPPINGS Enclosed are clippings of local and international press on the Special Court and related issues obtained by the Outreach and Public Affairs Office as at: Thursday, 29 November 2012 Press clips are produced Monday through Friday. Any omission, comment or suggestion, please contact Martin Royston-Wright Ext 7217 2 Local News Charles Taylor May Be Freed / The Nation Page 3 International News Former Liberian President Taylor Should be a "Free Man" – Judge / Reuters Pages 4-5 UN Tribunal Acquits Kosovo Ex-PM of War Crimes / Agence France Presse Pages 6-8 ICTR Transfers Another Genocide Case to Rwanda / The New Times Pages 9-10 German Police 'Just Missed' Most Wanted Rwandan Genocide Suspect / Hirondelle News Agency Page 11 ICTY Upholds Serbian Nationalist Leader's Contempt of Court Sentence / RAPSI Page 12 3 The Nation Thursday, 29 November 2012 4 Reuters Tuesday, 27 November 2012 Former Liberian president Taylor should be a "free man" – judge By Sara Webb Former Liberian President Charles Taylor attends his trial at the Special Court for Sierra Leone based in Leidschendam, outside The Hague, May 16, 2012. REUTERS/Evert-Jan Daniels/Pool Justice Malick Sow's criticism of how the trial was conducted and of the final decision-making process are likely to be seized on by Taylor's defence lawyers as part of his appeal. Taylor, 64, was the first head of state convicted by an international court since the trials of Nazis after World War Two. -
Harris Institute International Council
HARRIS INSTITUTE INTERNATIONAL COUNCIL Elizabeth (Betsy) Andersen Betsy Andersen is Executive Director of the World Justice Project, leading its global efforts to advance the rule of law through research, strategic convenings, and support for innovative programs. Ms. Andersen has more than 20 years of experience in the international legal arena, having served previously as Director of the American Bar Association Rule of Law Initiative (ABA ROLI) and its Europe and Eurasia Division (previously known as the Central European and Eurasian Law Initiative or ABA CEELI), as Executive Director of the American Society of International Law, and as Executive Director of Human Rights Watch’s Europe and Central Asia Division. Ms. Andersen is an expert in international human rights law, international criminal law, and transitional justice, and she has taught these subjects as an adjunct professor at the American University Washington College of Law. She is a member of the Council on Foreign Relations and serves as a member of the Board of Trustees of Williams College as well as on the governing and advisory boards of several international non-profit organizations. Ms. Andersen began her legal career in clerkships with Judge Kimba M. Wood of the U.S. District Court for the Southern District of New York and with Judge Georges Abi-Saab of the International Criminal Tribunal for the former Yugoslavia. The Honorable Louise Arbour The Honorable Louise Arbour recently completed her mandate as the Special Representative of the United Nations Secretary-General for International Migration. She has also held other senior positions at the United Nations, including High Commissioner for Human Rights (2004- 2008) and Chief Prosecutor for The International Criminal Tribunals for the former Yugoslavia and for Rwanda (1996 to 1999). -
ICTR NEWSLETTER November 2004
ICTR NEWSLETTER November 2004 Published by the External Relations and Strategic Planning Section – Immediate Office of the Registrar United Nations International Criminal Tribunal for Rwanda SPECIALSPECIAL EDITIONEDITION International Criminal Tribunal Prosecutors Conclude Conference in Arusha On 27 November, 2004, the Prosecutors also calls upon national and international In This Issue: from the International Criminal Tribunal authorities to assist the tribunals by Joint Statement of the Prosecutors ..................2 for Rwanda (ICTR), the International arresting and transferring indicted fugitives Prosecutor Jallow’s Welcome Address ........2 Criminal Tribunal for the former such as Radovan Karadzic, Ratko Mladic, Challenges of International Criminal Justice .4 Yugoslavia (ICTY), the Special Court for Ante Gotovina, Félicien Kabuga and Challenges of Conducting Investigations of International Crimes ................................................6 Sierra Leone (SCSL) and from the Charles Taylor for trial. General Considerations on the Transfer of International Criminal Court (ICC) Cases and Legal transplants ...............................9 concluded three days of discussions During the three days of meetings in Challenges of International Criminal Justice10 about how to better prepare themselves Arusha, the prosecutors discussed a wide Challenges of the Administration of for meeting the challenges of delivering range of issues they face in bringing to International Criminal Tribunals .......................15 international criminal -
The Role of the Prosecutor in the International Criminal
THE ROLE OF THE PROSECUTOR IN THE INTERNATIONAL CRIMINAL COURT: DISCRETION, LEGITIMACY, AND THE POLITICS OF JUSTICE THE DEGREE OF DOCTOR OF PHILOSOPHY FARID MOHAMMED RASHID ROYAL DOCKS SCHOOL OF BUSINESS AND LAW EAST LONDON UNIVERSITY DECEMBER 2016 i ABSTRACT………………………………………………………………………………..v. ACKNOWLEDGEMENT………………………………………………………………...vii LIST OF ABBREVIATIONS……………………………………………………………..viii INTRODUCTION…………………………………………………………………………..1 CHAPTER ONE: OVERVIEW OF THE INTERNATIONAL CRIMINAL COURT 1.1. The International Criminal Court’s Overview……………………………………....29 1.1.1. Drafting the Statute: ………………………………………………………….29 1.1.2. Meaningful Justice and the Need for Prosecutorial Discretion …………….34 1.1.3. Court Structure………………………………………………………………...43 1.2. The ICC Prosecutor…………………………………………………………………....45 1.2.1. Decision-Making Process of the Prosecutor…………………………………….45 1.2.1.1. Preliminary Examination’s Stage…………………………………………54 1.2.1.2. Investigation’s Stage……………………………………………………...57 1.2.1.3. Prosecution’s Stage……………………………………………………….58 1.2.2. The ICC Prosecutor Discretion………………………………………………….59 1.2.2.1. Investigation……………………………………………………………...60 1.2.2.1.1. Proprio Motu Decisions: Article 15 (1) and (3)………………60 1.2.2.1.2. Referrals……………………………………………………….63 1.2.2.2. Prosecution……………………………………………………………….66 1.2.2.2.1. Selecting Cases………………………………………………..66 CHAPTER TWO: THE HISTORICAL DEVELOPMENT OF INTERNATIONAL CRIMINAL TRIBUNALS AND THE DISCRETIONARY POWER OF THE PROSECUTOR 2.1. Introduction…………………………………………………………………………….69 2.2. Post-World War II Tribunals………………………………………………………….71 2.2.1. Prosecutor’s Power under the Nuremberg Charter…………………………….73 2.2.2. The Power of the Prosecutor of the Tokyo Tribunal…………………………..79 2.3. Post-Cold War Tribunals………………………………………………………………84 2.3.1. The Legal Framework of the Office of the Prosecution under ICTY and ICTR Statutes……………………………………………………………………………….85 2.3.2. -
Final Communiqué of the 61St Ordinary Session of the African Commission on Human and Peoples’ Rights
AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA African Commission on Human & Peoples’ Rights Commission Africaine des Droits de l’Homme & des Peuples 31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) 4410505 / 4410506; Fax: (220) 4410504 E-mail: [email protected]; Web www.achpr.org Final Communiqué of the 61st Ordinary Session of the African Commission on Human and Peoples’ Rights Banjul, The Gambia 1st – 15 November 2017 1 1. The African Commission on Human and Peoples’ Rights (the Commission) held its 61st Ordinary Session in Banjul, The Gambia, from 1st to 15 November 2017. 2. The Commission celebrated on this occasion the 30th Anniversary of its operationalisation which coincided with the Session. 3. The opening ceremony was graced by the presence of a Delegation of the host country of the Commission led by His Excellency Mr Adama Barrow, President of the Republic of The Gambia, who declared the Session open. The Delegation included Her Excellency Mrs Fatoumata Tambajang, Vice-President and Minister of Women’s Affairs; Her Honourable Mrs. Mariam Denton, Speaker of the National Assembly; His Lordship Mr Hassan Bubacar Jallow , Chief Justice; Honourable Abubacarr Marie Tambadou, Attorney-General and Minister of Justice and other Ministers and senior officials. 4. The ceremony was also attended by the representative of the Chairperson of the AUC, representatives of AU Organs, representatives of the EU and other members of the diplomatic corps; etc 5. The outgoing Commissioners Honourable Commissioner Pansy Tlakula, Honourable Commissioner Alapini Gansou, and Honourable Commissioner Med Kaggwa attended the opening ceremony. -
ICC Legal Tools
Trial Chamber II Before: Judge Florence Rita Arrey, Presiding Emile Francis Short Robert Fremr Registrar: Adama Dieng Date: 20 April 2011 THE PROSECUTOR v. • Jean-Bosco UWINKINDI Case No. ICTR-200l-75-Rule 11 bis PROSECUTOR'S CONSOLIDATED RESPONSE TO: (1) Defence Response to the Prosecutor's Request for the Referral ofthe case of Jean Uwinkindi to Rwanda Pursuant to Rule 11 bis ofthe Rules of Procedure and Evidence; (2) Amicus Curiae Briefof Human Rights Watch in opposition to Rule 11 bis Transfer; (3) Amicus Curiae Brief ofthe International Association of Democratic Lawyers (IADL) Pursuant to Rule 74 (Rules of Procedure and Evidence); and (4) International Criminal Defence Attorneys Association (ICDAA) Amicus Curiae Brief • The Prosecution The Defence Hassan Bubacar Jallow Claver Sindayigaya James J. Arguin lain Edwards George Mugwanya Bettina Spilker Inneke Onsea Abdoulaye Seye Francois Nsanzuwera • TABLE OF CONTENTS INTRODUCTION 1 SUBMISSIONS 3 A. Double jeopardy principles are inapplicable because the Accused's Gacaca Court convictions were vacated in deference to the Tribunal's superior jurisdiction 3 B. Referral pursuant to Rule 11 bis requires a Trial Chamber to be satisfied that the Accused will receive a fair trial in the national jurisdiction; this standard is necessarily prospective and, as such, based on probabilities, not certainties 6 C. Rwanda's judiciary is independent and fully capable of securing the Accused's right to a fair trial, including his right to the • presumption of innocence 8 1. Defence allegations of judicial corruption are wildly exaggerated.....9 a. The Defence distorts the Ombudsman's 2008 Report 9 b. The Defence twists Chief Justice Cyanzayire's statement 11 n. -
Karemera and Ngirumpatse Appeal Judgement 29 Sept 2014
Tribunal Pénal International pour le Rwanda International Criminal Tribunal for Rwanda UNITED NATIONS NATIONS UNIES IN THE APPEALS CHAMBER Before: Judge Theodor Meron, Presiding Judge Fausto Pocar Judge Arlette Ramaroson Judge Bakhtiyar Tuzmukhamedov Judge Koffi Kumelio A. Afan|e Registrar: Mr. Bongani Majola Judgement of: 29 September 2014 ÉDOUARD KAREMERA MATTHIEU NGIRUMPATSE v. THE PROSECUTOR Case No. ICTR-98-44-A ________________________________________________________________________________ JUDGEMENT ________________________________________________________________________________ Counsel for Édouard Karemera Office of the Prosecutor Dior Diagne Hassan Bubacar Jallow Moussa Félix Sow James J. Arguin George W. Mugwanya Counsel for Matthieu Ngirumpatse Abubacarr Tambadou Frédéric Weyl Evelyn Kamau Takeh Sendze Aisha Kagabo William Mubiru Sunkarie Ballah-Conteh Ndéye Marie Ka Mihary Andrianaivo CONTENTS I. INTRODUCTION..........................................................................................................................1 A. BACKGROUND ..............................................................................................................................1 B. THE APPEALS ...............................................................................................................................4 II. STANDARDS OF APPELLATE REVIEW...............................................................................5 III. APPEALS OF ÉDOUARD KAREMERA AND MATTHIEU NGIRUMPATSE ................8 A. FAIRNESS OF THE PROCEEDINGS -
Speaker Biographies
Strengthening Gender Justice through International Prosecutions Speaker biographies 6-7 SEPTEMBER 2012 INTERNATIONAL SYMPOSIUM THE HAGUE · THE NETHERLANDS Dr Anne Marie Goetz Mr Bob Reid Dr Goetz is Chief Advisor for Peace and Security at UN Mr Reid is the Chief of Operations at Women. She supports programming across UN Women the International Criminal Tribunal on preventing the use of sexual violence as a method of for the former Yugoslavia (ICTY). warfare, on supporting women’s engagement in peace He has been working at the ICTY processes, on gender-sensitive security sector reform, and since June 1994 and has held the on inclusive peace-building post-conflict. In the area of positions of Investigations Team good governance she works on building women’s influence Leader, Investigations Commander, over public decision-making. Deputy Chief of Investigations and Deputy Chief of Prosecutions. He was the lead investigator in Prior to taking on this post in the first ICTY trial of Dusko Tadic. 2005, she was a Professor of Political Science at the Institute of Prior to working at the ICTY, Mr Reid was a police officer in Development Studies, University the New South Wales Police Service in Australia. He worked of Sussex. She has published on mainly in Homicide, Organised Crime and Drug Enforcement. the topics of gender and conflict, For a period of three years he was seconded to the Federal pro-poor and gender-sensitive Attorney-General’s Office to work on investigations relating approaches to public sector reforms, to war crimes committed during the Second World War. anti-corruption initiatives, and decentralization, and has also analysed political liberalisation and state-building in fragile states and post-conflict situations. -
July/August 2009 • Volume 58 Number 7 MAGAZINE
C M Y K C M Y K 100 100 100 100 25 50 75 100 100 100 100 25 50 75 100 100 100 100 25 50 75 100 100 100100 100100 10025 10050 2575 50100 75100 100100 100100 100BLU GRN100 RED25 50100 75100 100100 100100 10050 10050 2550 50100 75100 100100 100100 10050,39,39100 2550 50100 75100 100100 100100 100 100 BLU300 GRN100 RED100 100100 100100 100 100 50330 50 50 100 100 100 100 50,39,39 50 100 100 100 100 300 100 100 100 100 330 GATF Digital Four-Color Control Bar (version 2.3) GATF Digital Four-Color Control Bar (version 2.3) Bar Association - CVR-RCL 0709 GTO 324582.indd, M.Pantoja, 07/17/09, 2:55PM, 2540 dpi, 200 lpi, STOCK= 80# house gloss book, RUN SIZE= 12x18, CUT= 11x17, PRESS QTY= 1,130, FINISHED QTY=1,130 • SIGNATURE 1 OF 2 PRSRT STD Riverside US POSTAGE County LAWYER PAID PERMIT #1054 Riverside County Bar Association RIVERSIDE, CA 4129 Main St., Ste. 100, Riverside, CA 92501 RCBA 951-682-1015 LRS 951-682-7520 www.riversidecountybar.com [email protected] July/August 2009 • Volume 58 Number 7 MAGAZINE In This Issue: Lawyering with Berettas Painting Your Products Green Tort Reform – Unintended Consequences How to Protect Against Discrimination and Harassment in the Workplace The International Criminal Tribunal for Rwanda BOARD OF DIRECTORS:James O. Heiting, Director-at-Large Michael G. Kerbs, Director-at-Large Elliott S. Luchs, Director-at-Large Christopher G. Jensen, President Harry J. Histen, RCBA President-Elect Michelle Ouellette, Vice President David G. -
Justice Hassan Bubacar Jallow's Contribution to the Development of Law in the Gambia
Chapter 3 Justice Hassan Bubacar Jallow’s Contribution to the Development of Law in The Gambia: The Supreme Court Years Ousman A. S. Jammeh Introduction This chapter aims to discuss the contributions of Justice Hassan B. Jallow, as one of the pioneer Justices of the first Supreme Court of The Gambia, which was also the country’s first and final appellate court. That court replaced the Judicial Committee of the Privy Council, based in London, England, in 1998.1 It will also analyse the legal and constitutional context in which this court existed. I will argue that despite the best efforts of its outstanding justices, the question remains as to whether that court has fulfilled its broader consti- tutional mandate despite some initial but notable achievements. I hope that the discussion will enrich ongoing analysis of the past, present and likely chal- lenges that other final, appellate and superior courts may encounter in similar developing jurisdictions. Overall, my goal will be to demonstrate the important contributions of Justice Jallow to this Court in its formative years between 1998 and 2002. Generally, whether by providence or by default, there may be events in the life of a nation, an individual or indeed a society that are momentous but not necessarily profound. Similarly, there are rare opportunities which may present themselves to a society that may impact more profoundly on present and future generations, based on the convictions of an individual or a group of individuals. These could provide an epoch making opportunity largely from the ideals for which a person stood, and ultimately the legacy which he bequeaths to his calling. -
Munyagishari
International Criminal Tribunal for Rwanda Tribunal pénal international pour le Rwanda ORIGINAL: ENGLISH REFERRAL CHAMBER DESIGNATED UNDER RULE 11 BIS Before: Judge Lee Gacuiga Muthoga, presiding Judge Seon Ki Park Judge Gberdao Gustave Kam Registrar: Adama Dieng Date: 6 June 2012 THE PROSECUTOR v. BERNARD MUNYAGISHARI Case No. ICTR-2005-89-R11bis DECISION ON THE PROSECUTOR’S REQUEST FOR REFERRAL OF THE CASE TO THE REPUBLIC OF RWANDA Rule 11 bis of the Rules of Procedure and Evidence Office of the Prosecutor: Counsel for the Defence: Hassan Bubacar Jallow Philippe Moriceau James J. Arguin Natache Fauveau-Ivanović George Mugwanya Majda Dautović Inneke Onsea Abdoulaye Seye Franćois Nsanzuwera Erica Bussey The Prosecutor v. Bernard Munyagishari, Case No. ICTR-2005-89-R11bis TABLE OF CONTENTS 1. PROCEDURAL HISTORY ...................................................................................... 1 2. APPLICABLE LAW ................................................................................................. 2 3. JURISDICTION ........................................................................................................ 2 4. ALLEGED VIOLATION OF PRINCIPLES OF INTERNATIONAL LAW ........... 5 4.1 Security Council Resolutions ..................................................................................... 5 4.2 General Principles of International Law .................................................................... 7 4.3 The Possibility of Referral to the Democratic Republic of the Congo ...................... 9 4.4 Undue