DOCSLIB.ORG

Cases, Legal Documents and Other Sources

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Cases, Legal Documents and Other Sources Cases, Legal Documents and Other Sources International Instruments and Commentaries • Agreement between the United Nations and the Government of Sierra Leone on the Establishment of the Special Court for Sierra Leone signed 16 January 2002 (The agreement was pursuant to Security Council resolution 1315 of 14 August 2000 wherein it expressed deep concern at the very serious crimes committed within the territory of Sierra Leone against the people of Sierra Leone). • Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, and Charter of the International Military Tribunal London 8 August 1945 http://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId¼ 87B0BB4A50A64DEAC12563CD002D6AAE&action¼openDocument • Charter of the United Nations 1945 https://www.un.org/en/documents/charter/ • Charter of the United Nations and the Statute of the International Court of Justice San Francisco 1945 https://treaties.un.org/doc/publication/ctc/uncharter.pdf • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1465 UNTS 85 10 December 1984. • Draft Statute of the International Law Commission (ILC) 1994 on the Work of its Forty-Sixth Session 2 May to 22 July 1994 UN Doc A/49/10 43-44. • Elements of Crimes, adopted by the Assembly of States Parties in New York, on 9 September 2002 and entered into force on the same date (ICC-ASP/1/3) Available at http://www.icc-cpi.int/NR/rdonlyres/9CAEE830-38CF-41D6- AB0B-68E5F9082543/0/Element_of_Crimes_English.pdf • International Covenant on Civil and Political Rights (ICCPR) adopted by the General Assembly of the United Nations New York 16 December 1966 UNTS Vol 999 1-14668 http://www.refworld.org/pdfid/3ae6b3aa0.pdf • International Criminal Court, Rules of Procedure and Evidence, U.N. Doc. PCNICC/2000/1/Add.1 (2000). • Optional Protocol to the ICCPR adopted by the General Assembly of the United Nations New York 16 December 1966 UNTS Vol 999, 171 entered into force © Springer International Publishing AG 2017 217 O.C. Imoedemhe, The Complementarity Regime of the International Criminal Court, DOI 10.1007/978-3-319-46780-1 218 Cases, Legal Documents and Other Sources 23 March 1976 https://treaties.un.org/pages/ViewDetails.aspx?src¼TREATY& mtdsg_no¼IV-5&chapter¼4&lang¼en • OTP, ‘Prosecutorial Strategy 2009-2012’ (1 February 2010) 5. Available at <www.icc-cpi.int/NR/rdonlyres/66A8DCDC-3650-4514-AA62-D229D1128F65/ 281506/OTPProsecutorialStrategy20092013.pdf> (Accessed 11 January 2013). • Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts (Protocol 1) 8 June 1977. <http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14 a77fdc125641e0052b079 • Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) 8 June 1977. http://www.icrc.org/ihl/INTRO/475?OpenDocument • Special Proclamation of General MacArthur for the International Military Tribunal for the Far East (IMTFE) Tokyo 19 January 1946. • Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for serious Violations of International Humanitarian Law Commit- ted in the Territory of the Former Yugoslavia since 1991 SC Res 827 UN Doc S/Res/827 (25 May 1993) (‘ICTY Statute’). • Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for genocide and Other Such Violations Committed in the Territory of Neighbouring States Between 1 January and 31 December 1994 SC Res 1315 UN Doc 5/RES/955 (6 November 1994) (‘ICTR Statute’). • The Convention for the Prevention and Punishment of Genocide adopted by Resolution 260(III) of the United Nations General Assembly on 9 December 1948. • The Geneva Conventions of 12 August 1949 http://www.icrc.org/eng/assets/ files/publications/icrc-002-0173.pdf • The Rome Statute of the International Criminal Court, July 17, 1998, 2187 UNTS 90 (entered into force on 1 July 2002) http://legal.un.org/icc/statute/ romefra.htm (Accessed 16 March 2014). • The Universal Declaration on Human Rights (UDHR) Paris 10 December 1948 http://www.un.org/en/documents/udhr/ • United Nations Basic Principles on the Independence of the Judiciary 1985, Art 10. Available http://www.hjpc.ba/dc/pdf/Basic%20Principles%20on%20the% 20Independence%20of%20the%20Judiciary.pdf • Vienna Convention on Diplomatic Relations, done at Vienna 18 April 1961, 500 UNTS 95 entered into force 24 April 1964. • Vienna Convention on the Law of Treaties 23 May 1969 UNTS Vol 1155, p 331 entered into force 27 January 1980. Available at http://untreaty.un.org/ilc/ texts/instruments/english/conventions/1_1_1969.pdf Cases, Legal Documents and Other Sources 219 States’ Laws • Argentina, Law No. 26/200 on the Implementation of the ICC Statute (2007). • Australia, the International Criminal Court Act (Consequential Amendment) 202, No 42 (2002) section 268.4 broadens the definition of genocide to include sexual violence. See http://www.iccwomen.org/whatwedo/projects/docs/Over view_Implementing_Legislation.pdf • C.53(1957) Law Reports: Statutes 543 as amended by the Geneva Conventions (Amendment) Act 1995, C. 27. • CAR, Press Release, ‘ICC – Prosecutor Receives Referral Concerning Central African Republic’ ICC-OTP-20050107-86. 7 January 2005. Available at http:// www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/2005/ Pages/otp%20prosecutor%20receives%20referral%20concerning%20central% 20african%20republic.aspx • CICC, Press Release, ‘US Congress Passes Anti-ICC Hague Invasion Act’ 26 July 2002 at <http://www.iccnow.org/documents/07.26.02ASPAthruCongress.pdf • Criminal Code Act: An Act to Establish a Code of Criminal Law in Nigeria 1 June 1916 http://ofilispeaks.com/wp-content/uploads/criminal-act.pdf now The Nigerian Criminal Code Act Cap 77 Laws of the Federation of Nigeria (LFN) 1990; Cap C38 LFN 2004; Cap C3 LFN 2011. • DRC, Article 112 of the Constitutional Act of Transition (1994), Article 193 of the Transitional Constitution of the Democratic Republic of Congo of 4 April 2003, Journal Officiel, special edition of 5 April 2003 (Constitution of 2003), Article 216 of the Constitution of the Democratic Republic of Congo of 2006. • DRC, Loi 023/2002 of 18 November 2002 Portant Code judiciaire militaire (Military Code) http://www.leganet.cd/Legislation/Droit%20Judiciaire/Loi.023. 2002.18.11.2002.pdf and Loi 024/2002 of November 2002 Portant Code Penal Militaire (Military Penal Code) http://www.leganet.cd/Legislation/Droit% 20Judiciaire/Loi.024.2002.18.11.2002.pdf (Assessed 2 November 2012). • DRC, Press Release, ‘ICC – Prosecutor Receives Referral of the Situation in the Democratic Republic of Congo’ ICC-OTP-20040419-50 19 April 2004. Avail- able at http://www.icc-cpi.int/en_menus/icc/press%20and%20media/press% 20releases/2004/Pages/prosecutor%20receives%20referral%20of%20the%20sit uation%20in%20the%20democratic%20republic%20of%20congo.aspx • DRC, The Constitution of the Democratic Republic of Congo of 2006. • DRC, The DRC Constitution of 18 February 2006, Journal Officiel, special edition of 18 February 2006 (DRC Constitution of 2006) states that civilian and military courts may apply ratified treaties provided they are consistent with the laws. See articles 153 & 215. The Constitution is available (in French) at: http://democratie.francophonie.org/IMG/pdf/Constitution_de_la_RDC.pdf (Accessed 28 June 2012). • DRC, The DRC Legislative Decree no. 003/2002 of 30 March 2002 Journal Officiel of 5 December 2002 (special edition). 220 Cases, Legal Documents and Other Sources • DRC, The Legislative Decree no. 003/2002 of 30 March 2002 authorised the ratification of the Rome Statute, Journal Officiel of 5 December 2002 (special edition ‘International and Regional Instruments Relating to Human Rights Ratified by the Democratic Republic of Congo’). Ratification instrument was deposited on 11 April 2002 http://www.icc-cpi.int/asp/statesparties/country& id¼5.html (Accessed 28 June 2012). • DRC, The Transitional Constitution of the Democratic Republic of Congo of 4 April 2003, Journal Officiel, special edition of 5 April 2003 (Constitution of 2003). • England, The International Criminal Court (England) Act 2001c.17, (2001) 1 Law Reports: Statutes 1367 (ICC Act). • Federal Republic of Nigeria Official Gazette 19 January 2007 B50. Available at www.population.gov.ng/pop_figure.pdf • Geneva Conventions Act Uganda (Ch 363) 16 October 1964 <http://www.ulii. org/ug/legis/consol_act/gca1964208/ Article 2 (Accessed 14 June 2012). • Helsinki, An Act on the Implementation of the Provisions of a Legislative Nature of the Rome Statute of the International Criminal Court and on the Application of the Statute. No 1284/2000 Issued in Helsinki 28 December 2000. Available at http://www.finlex.fi/en/laki/kaannokset/2000/en20001284. pdf. (Accessed 12 December 2012). • Kenya, Armed Forces Act (Chapter 199) Laws of Kenya, available online at http:// www.kenyalaw.org/kenyalaw/klr_app/frames.php (Accessed 13 December 2011). • Kenya, Chapter 63 Laws of Kenya, available at <http://www.kenyalaw.org/ kenyalaw/klr_app/frames.php (Accessed 13 December 2011). • Kenya, Findings of the Commission of Inquiry into the Post-Election Violence in Kenya. Available at <http://www.kenyalaw.org/Downloads/Reports/Commis sion_ofInquiry_into_Post_Election_Violence.pdf (Accessed 13 December
Load more

Recommended publications
  • NEWS OTP Activities
    OTP Briefing Issue #144 1-15 July 2013 NEWS Pre-Trial Chamber II requests Nigeria to arrest Omar Al Bashir 15 July - Pre-Trial Chamber II requested the Federal Republic of Nigeria to immediately arrest Sudanese President Omar Al Bashir, on visit to Abuja (Nigeria) for an African Union summit on HIV/AIDS, Tuberculosis and Malaria, and to surrender him to the ICC. The Sudanese President’s visit to Nigeria has raised a lot of criticism among rights groups. Human Rights Watch (HRW) called for Nigeria to prevent Bashir to attend the Abuja summit or to stop it if it went there, while the president of the Nigeria Coalition on the International Criminal Court, Chino Obiagwu, said that the Nigerian government “has violated its obligations under international law”. The Chamber recalled that, as signatories to the ICC, Nigeria and several other African countries are expected, under their treaty obligations, to actually arrest the Sudanese President if he sets foot on their soil. The Nigeria presidential spokesman Reuben Abati said "The Sudanese president came for an AU event and the AU has taken a position on the ICC arrest order, so Nigeria has not taken action different from the AU stand". Nevertheless, Nigeria’s Minister of State for Foreign Affairs, Prof. Viola Onwuliri, had briefed the Nigerian press that over 30 African Heads of State would be participating at the conference, stating that she was not reported to have specifically listed the names of the heads of state and presidents expected at the meeting, nor was she reported to have specifically mentioned the name of the controversial Sudanese president.
    [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 Court Today, February 2010
    ICC Courtroom ©ICC-CPI/Marco Okhuizen ICC-PIDS-TCT-01- 001/10_Eng ICC-PIDS-TCT-01- Quick Facts Established: By the Rome Statute that entered been conducting investigations in four situations: into force on 1 July, 2002. Uganda, the Democratic Republic of the Congo, the Central African Republic and Darfur, Sudan. The Court Today States Parties: 110 countries. In addition, on 26 November, 2009, the Prosecutor sought authorisation from Pre-Trial Crimes within the Court's jurisdiction: The Chamber II to open an investigation in the most serious crimes of concern to the situation in Kenya. The judges' decision is international community, namely genocide, pending. crimes against humanity and war crimes committed after 1 July, 2002. Preliminary analysis: The Office of the Prosecutor is conducting examinations in Judges: 18 judges elected for nine years by the Afghanistan, Colombia, Cote d'Ivoire, Georgia, Assembly of States Parties. Palestine and Guinea. President: Judge Sang-Hyun Song. Arrest warrants: 13 have been issued with one having been withdrawn following the death of Prosecutor: Mr Luis Moreno-Ocampo. one suspect. In addition, one summons to appear was issued for Bahar Idriss Abu Garda. Registrar: Ms Silvana Arbia. In custody: Thomas Lubanga Dyilo, Germain Staff: Over 800 from approximately 90 States. Katanga and Mathieu Ngudjolo Chui in the context of the situation in the DRC; Jean-Pierre Official languages: English, French, Arabic, Bemba Gombo in the context of the situation in Chinese, Russian and Spanish. the CAR. Working languages: English and French. At large: Eight suspects. Headquarters: The Hague, the Netherlands. Cases: Eight cases. Field offices: Kinshasa and Bunia (DRC); Trials: Two trials pertaining to the situation in Kampala (Uganda); Bangui (CAR); N'Djamena the Democratic Republic of the Congo: The and Abeche (Chad).
    [Show full text]
  • The International Criminal Court
    2007–2008 FACT SHEET ONE “The establishment of the Court is still a gift of hope to future generations, and a giant step forward in the march towards universal human rights and the rule of law.” – Kofi Annan, Former U.N. Secretary-General at the signing of the Rome Statute of the International Criminal Court The International Criminal Court The International Criminal Court is groundbreaking because: For more than half a century since the Nuremberg and Tokyo trials, states have largely failed to bring to justice those responsible for genocide, crimes against humanity and war crimes. With the creation of the International Criminal Court (ICC), the world has begun to fulfill the post-World War II promise of “never again.” The ICC is the world’s first permanent, international judicial body capable of bringing perpetrators to justice and providing redress it will serve as a permanent deterrent to victims when states are unable or unwilling to do so. This represents a major stride for to people considering these crimes. international justice. In most cases in the last 50 years, international mechanisms to prosecute On July 17, 1998, at a diplomatic conference in Rome, the international community people accused of these crimes have adopted the Rome Statute of the International Criminal Court. The treaty has been hailed been set up only after the crimes were by governments, legal experts and civil society as the most significant development in committed; international law since the adoption of the United Nations Charter. The treaty entered into force on July 1, 2002. The Court made its first arrest in March 2006 and is scheduled to it will have a much wider jurisdiction begin its first trial in September 2007.
    [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]
  • The Victims' Court?
    2015 THE VICTIMS’ COURT? A Study of 622 Victim Participants at the International Criminal Court UGANDA DEMOCRATIC REPUBLIC OF CONGO KENYA CÔTE D’IVOIRE THE VICTIMS’ COURT? A Study of 622 Victim Participants at the International Criminal Court UGANDA DEMOCRATIC REPUBLIC OF CONGO KENYA CÔTE D’IVOIRE 2015 e Human Rights Center at the University of California, Berkeley, School of Law conducts research on war crimes and other serious violations of international humanitarian law and human rights. Using evidence- based methods and innovative technologies, we support eorts to hold perpetrators accountable and to protect vulnerable populations. We also train students and advocates to document human rights violations and turn this information into eective action. HUMAN RIGHTS CENTER University of California, Berkeley, School of Law Telegraph Avenue, Ste. , Berkeley, CA – Telephone: .. | Email: [email protected] Web: hrc.berkeley.edu | @HRCBerkeley Cover art: Stephen Smith Cody Design and graphics: Nicole Hayward CONTENTS ACRONYMS / v EXECUTIVE SUMMARY / 1 INTRODUCTION / 7 THE STUDY / 9 VICTIM PARTICIPATION AND PROCEDURAL JUSTICE / 12 VICTIM PARTICIPATION IN CRIMINAL TRIALS / 16 VICTIM PARTICIPATION AT THE INTERNATIONAL CRIMINAL COURT / 18 THE VICTIM PARTICIPATION PROCESS / 20 MODELS OF VICTIM PARTICIPATION / 26 UGANDA / 29 DEMOCRATIC REPUBLIC OF CONGO / 38 KENYA / 47 CÔTE D’IVOIRE / 60 CONCLUSIONS AND RECOMMENDATIONS / 71 APPENDIX 1: AUTHORS AND ACKNOWLEDGEMENTS / 75 APPENDIX 2: VICTIM PARTICIPANT QUESTIONNAIRE / 76 ACRONYMS ASP Assembly of States
    [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]
  • 13 March, 2008
    Twelfth Diplomatic Briefing of the International Criminal Court The Hague, 18 March 2008 Information Package (As of 13 March 2008) Summary of activities since the eleventh Diplomatic Briefing 10 October 2007, The Hague Over the last few months, the ICC has taken several important steps forward. The judicial activities of the Court are in full gear, and as the Court stands on the verge of its first trial, the ICC has moved into a significant phase in its development. The Court has achieved a great deal of progress in its judicial proceedings. At present, the Court is actively involved in four situations, has issued 9 public arrest warrants, and is preparing for its first trial. At the Pre- Trial level in the situation in the Democratic Republic of the Congo, the cases of Germain Katanga and Mathieu Ngudjolo Chui have been joined and their confirming hearing has been set for 21 May. At the Trial level, preparations for the case of Thomas Lubanga are ongoing and the trial is scheduled to begin on 23 June. Preparations for a second trial are to begin in the summer. At the Appeals level, several important issues are pending. The Prosecutor is conducting two new investigations into potential cases in Darfur, and one investigation into a potential case in the Central African Republic. He is also preparing his third case in the Democratic Republic of the Congo. He is currently analysing situations on three continents. Although the Court is already operating at a high level of judicial activity, the issues the Chambers are addressing have been novel, complex questions that bring to light many of the delicate balances that need to be struck in judicial proceedings before the Court.
    [Show 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).
    [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]
  • ICC Fugitives: the Eedn for Bespoke Solutions Beth Van Schaack Santa Clara University School of Law, [email protected]
    Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 3-14-2014 ICC Fugitives: The eedN for Bespoke Solutions Beth Van Schaack Santa Clara University School of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.scu.edu/facpubs Part of the Law Commons Automated Citation Beth Van Schaack, ICC Fugitives: The Need for Bespoke Solutions (2014), Available at: http://digitalcommons.law.scu.edu/facpubs/854 This Article is brought to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. ICC Fugitives: The Need for Bespoke Solutions Beth Van Schaack* This article appeared as part of UCLA School of Law’s forum on the International Criminal Court established as part of the Sanela Diana Jenkins Human Rights Project in partnership with the Office of the Prosecutor of the International Criminal Court. I. Introduction It is axiomatic that the International Criminal Court (ICC) depends on the cooperation of the international community, including state parties and non-party states alike, to carry out its mandate to prosecute the “most serious crimes of international concern.” Nowhere is this dependency more apparent than with respect to the imperative of gaining custody of the accused. The Court cannot proceed in absentia;1 if it is to carry out its mandate,
    [Show full text]
  • English No. ICC-01/13 Date: 16 September 2020 PRE-TRIAL CHAMBER I Before
    ICC-01/13-111 16-09-2020 1/51 EC PT Original: English No. ICC-01/13 Date: 16 September 2020 PRE-TRIAL CHAMBER I Before: Judge Péter Kovács, Presiding Judge Judge Marc Perrin de Brichambaut Judge Reine Adélaïde Sophie Alapini-Gansou SITUATION ON THE REGISTERED VESSELS OF THE UNION OF THE COMOROS, THE HELLENIC REPUBLIC AND THE KINGDOM OF CAMBODIA Public Decision on the ‘Application for Judicial Review by the Government of the Comoros’ No: ICC-01/13 1/51 16 September 2020 ICC-01/13-111 16-09-2020 2/51 EC PT Decision to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence Fatou Bensouda, Prosecutor James Stewart, Deputy Prosecutor Legal Representatives of Victims Legal Representatives of Applicants Rodney Dixon Haydee Dijkstal Unrepresented Victims Unrepresented Applicants for Participation/Reparations The Office of Public Counsel for Victims The Office of Public Counsel for the Paolina Massidda Defence Anne Grabowski States Representatives Amicus Curiae Rodney Dixon Haydee Dijkstal REGISTRY Registrar Counsel Support Section Peter Lewis Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other Section No: ICC-01/13 2/51 16 September 2020 ICC-01/13-111 16-09-2020 3/51 EC PT I. Procedural history ............................................................................................... 4 II. Scope of the present proceedings ........................................................................ 6 III. Applicable law ................................................................................................... 7 A. Scope of article 53(1) of the Statute ................................................................ 7 B. ‘Reasonable basis to believe’ standard ............................................................ 8 C. Gravity requirement ......................................................................................... 9 D. Scope of the Chamber’s powers under article 53(3)(a) of the Statute ..........
    [Show full text]