DOCSLIB.ORG

State of Play of Existing Instruments for Combating Impunity for International Crimes

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
State of Play of Existing Instruments for Combating Impunity for International Crimes STUDY Requested by the DROI subcommittee State of play of existing instruments for combating impunity for international crimes @Adobe Stock Policy Department for External Relations Directorate General for External Policies of the Union PE 603.499 - August 2020 EN DIRECTORATE-GENERAL FOR EXTERNAL POLICIES POLICY DEPARTMENT STUDY State of play of existing instruments for combating impunity for international crimes The European Union and its Member States have been at the forefront of the fight against impunity for core international crimes, collectively providing political, technical and financial assistance to international, regional and domestic accountability efforts. Focusing on the current EU framework on accountability and six country situations (Rwanda, Colombia, Venezuela, Myanmar, Syria and Iraq), this study offers recommendations to guide future EU policy and the engagement of the European Parliament in the fight against impunity. The recommendations include enhancing the capacity, efficiency and coordination of EU institutions working on accountability, as well as encouraging comprehensive, impartial and inclusive approaches to country situations. EU action in bilateral and multilateral fora is also covered, with a view to enhancing the universal reach of accountability mechanisms and the protection of their integrity, encouraging cooperation and assistance, and to upholding the principle of complementarity. EP/EXPO/B/COMMITTEE/FWC/ 2019-01/LOT6/R/01 EN August 2020 - PE 603.499 © European Union, 2020 Policy Department, Directorate-General for External Policies This paper was requested by the European Parliament's subcommittee on Human Rights English-language manuscript was completed on 13 August 2020. Printed in Belgium. Author: Olympia BEKOU, Professor of Public International Law, School of Law, University of Nottingham, United Kingdom. With the assistance of: Emma SHEFFIELD and Edoardo Gabriele VACCA, Doctoral Candidates, School of Law, University of Nottingham, United Kingdom Coordinator: Trans European Policy Studies Association (TEPSA) Official Responsible: Marika LERCH Editorial Assistant: Daniela ADORNA DIAZ Feedback of all kind is welcome. Please write to: [email protected]. To obtain copies, please send a request to: [email protected] This paper will be published on the European Parliament's online database, 'Think tank'. The content of this document is the sole responsibility of the author and any opinions expressed therein do not necessarily represent the official position of the European Parliament. It is addressed to the Members and staff of the EP for their parliamentary work. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the European Parliament is given prior notice and sent a copy. ISBN: 978-92-846-7030-7 (pdf) ISBN: 978-92-846-7031-4 (paper) doi:10.2861/22063 (pdf) doi:10.2861/418381 (paper) Catalogue number: QA-04-20-467-EN-N (pdf) Catalogue number: QA-04-20-467-EN-C (paper) State of play of existing instruments for combating impunity for international crimes Table of contents Executive summary 6 1. Introduction and methodology 10 2. Overview of existing accountability mechanisms 11 2.1 The ad hoc International Tribunals 11 2.1.1 Prosecutions and convictions 12 2.1.2 Fundamental rights 12 2.1.3 Cooperation and assistance 13 2.1.4 Accountability to affected populations 13 2.2 The International Criminal Court 14 2.2.1 Universality 14 2.2.2 Prosecutions and convictions 15 2.2.3 Fundamental rights 16 2.2.4 Cooperation and assistance 17 2.2.5 Complementarity 18 2.2.6 Accountability to affected populations 18 2.3 Hybrid Courts and Specialised Chambers in Domestic Courts 18 2.3.1 Prosecutions and convictions 19 2.3.2 Fundamental rights 21 2.3.3 Cooperation and assistance 22 2.3.4 Accountability to affected populations 23 2.4 Universal jurisdiction 23 2.5 United Nations evidentiary mechanisms 24 2.6 The role of Human Rights Courts and of the International Court of Justice 25 3. Overview of the EU policy framework 26 3.1 Universal reach of accountability mechanisms 30 3.2 Integrity of accountability mechanisms 32 3.3 Cooperation with, and assistance to, accountability mechanisms 33 3.4 Complementarity 35 3 Policy Department, Directorate-General for External Policies 4. Country situations 37 4.1 Rwanda 37 4.1.1 The International Criminal Tribunal for Rwanda 37 4.1.2 The Specialised Chamber for International Crimes 39 4.1.3 Universal jurisdiction 41 4.2 Colombia 42 4.2.1 The Colombia situation before the ICC 43 4.2.2 The Jurisdiction for Justice and Peace 44 4.2.3 The Special Jurisdiction for Peace 45 4.2.4 The Colombian domestic courts 46 4.3 Venezuela 47 4.3.1 The first ICC preliminary examination on Venezuela 48 4.3.2 The Venezuela I situation before the ICC 49 4.3.3 The Venezuela II situation before the ICC 49 4.3.4 Domestic investigations and prosecutions in Venezuela 50 4.3.5 Universal jurisdiction 50 4.3.6 Other international initiatives 51 4.4 Myanmar 51 4.4.1 The Bangladesh/Myanmar situation before the ICC 53 4.4.2 Domestic investigations and courts martial 54 4.4.3 The Independent Commission of Enquiry 54 4.4.4 Universal jurisdiction 55 4.4.5 The Independent Investigative Mechanism for Myanmar (IIMM) 56 4.4.6 The Gambia v Myanmar case before the International Court of Justice 57 4.5 Syria 57 4.5.1 The prospects for justice at the International Criminal Court 58 4.5.2 Universal Jurisdiction 59 4.5.3 The International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 (IIIM) 61 4.5.4 Engagement with civil society and focus on transitional justice 64 4 State of play of existing instruments for combating impunity for international crimes 4.5.5 The United Nations Headquarters Board of Inquiry to investigate incidents of international humanitarian law violations in North-West Syria 66 4.6 Iraq 66 4.6.1 The Iraqi domestic courts 67 4.6.2 The United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/Islamic State in Iraq and the Levant (UNITAD) 69 4.6.3 Universal jurisdiction 71 4.6.4 The proposal for an ad hoc tribunal to address crimes committed by the so-called Islamic State 72 5. Conclusion 74 6. Recommendations for future EU action 80 6.1 General recommendations 80 6.2 Universal reach of accountability mechanisms 80 6.3 Integrity of accountability mechanisms 81 6.4 Cooperation and assistance 81 6.5 Complementarity 82 7. Recommendations for the European Parliament 82 7.1 General recommendations 82 7.2 Universal reach 82 7.3 Integrity 83 7.4 Cooperation and assistance 83 7.5 Complementarity 83 8. Bibliography 84 8.1 Books and articles 84 8.1 Table of treaties 101 8.2 Table of case law 102 8.3 Other documents 103 5 Policy Department, Directorate-General for External Policies Executive summary The European Union (EU) has taken a leading role in combating impunity for core international crimes and has supported international and domestic accountability efforts. Together with the Member States, the EU has consistently invested in the necessary political, financial and technical capital beginning with the revival of international criminal justice with the ad hoc Tribunals for Rwanda and the Former Yugoslavia in the 1990s. The EU has shown political leadership and been a staunch supporter of the permanent International Criminal Court (ICC). It continues to work towards universal ratification of the Rome Statute, which would provide the Court with a global reach. Acknowledging the importance of addressing crimes in the countries where they have taken place, the EU has also supported and continues to support hybrid courts and specialised chambers in domestic courts. Examples span the globe, including: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the Special Criminal Court for the Central African Republic, the Kosovo Specialised Chambers and the Specialist Prosecutor’s Office, and the Jurisdiction for Justice and Peace and the Special Jurisdiction for Peace in Colombia. The EU has also encouraged its Member States in their efforts as leaders in providing accountability by applying the principle of universal jurisdiction. Under this principle, a State exercises jurisdiction over an offence which occurred outside its territory, based on the nature of the offence. Recognising the importance of new solutions to situations that are currently beyond the reach of international criminal justice, the EU has been among the biggest supporters of the UN Evidentiary Mechanisms for Syria, Iraq and Myanmar. In this context of staunch EU support for accountability, the role of the EU and its contribution to the fight against impunity for core international crimes is explored. Firstly, by analysing the EU policy framework for accountability and its operationalisation in practise. Secondly, by considering in-depth the EU’s engagement in six country situations: Rwanda, Colombia, Venezuela, Myanmar, Syria and Iraq. The primary research method was desktop research, enriched with seventeen semi-structured elite interviews with participants selected for their experience and past or current role, in order to gain essential insights into EU institutions, accountability mechanisms and related work fighting impunity for core international crimes. Drawing on both the desktop research and data analysis, the study concludes with a set of recommendations for future EU policies which include targeted recommendations to the European Parliament. The EU has a wealth of tools at its disposal and through several of its bodies, such as the Genocide Network, is fully engaged in the fight against impunity. Whilst coordinating the EU response remains a challenge, consistent informal liaising between delegations and headquarters could be a solution.
Load more

Recommended publications
  • Curriculum Vitae – Karim Khan LLB (Hons) (Lond), AKC (Lond), Fsiarb, Fciarb, Dip
    Curriculum vitae – Karim Khan LLB (Hons) (Lond), AKC (Lond), FSIArb, FCIArb, Dip. Int.Arb. (CIArb) Barrister-at-Law What the Directories say: “A “superb lawyer” and “frighteningly clever master strategist,” who has represented clients in international courts across the world. As a prosecutor for the ICTY and ICTR, he has vast experience of handling complex matters such as crimes against humanity, war crimes and contempt of court disputes.”; “His ability to address and sum up the most complicated legal analysis in concise yet powerful words has become legendary.”; “A very highly rated advocate who is a real force to be reckoned with. He fights his cases hard but honourably”; “Has superior knowledge of international law and is a world-class advocate and drafter. He has the ability to cut to the heart of a legal issue and identify possible solutions with precision and speed. Karim manages large teams without any drop-off in the high level of service provided, and is a fierce advocate.” Chambers and Partners Legal Directory (extracts, 2016-2020) “He ensures he has a very deep knowledge of not just the facts of an incident but of all aspects of a case, which in this field involves politics, culture and society.” Legal 500 (2021) “Leading Silk”, Ranked Tier 1, “International crime & Extradition KARIM AHMAD KHAN QC is currently serving as Assistant Secretary-General of the United Nations, having been appointed by the UN Secretary General, Antonio Guterres, as the first Special Adviser and Head of the Investigative Team to Promote Accountability for Da’esh /ISIL crimes (UNITAD) pursuant to Security Council Resolution 2379 (2017).
    [Show full text]
  • SCSL Press Clippings
    SPECIAL COURT FOR SIERRA LEONE PRESS AND PUBLIC AFFAIRS OFFICE A cinema on the Peninsula advertises its films for the day. PRESS CLIPPINGS Enclosed are clippings of local and international press on the Special Court and related issues obtained by the Press and Public Affairs Office as at: Thursday, 7 June 2007 Press clips are produced Monday through Friday. Any omission, comment or suggestion, please contact Martin Royston-Wright Ext 7217 2 Local News President Kabbah and Berewa Linked to RUF Formation / Standard Times Pages 3-4 Liberia: Dramatic Start of Taylor’s Trial / Independent Observer Page 5 Concept of Transitional Justice / Standard Times Pages 6-7 International News Judge Keeps Grip on Taylor's Trial / Associated Press Pages 8-9 Charles Taylor's Family Cries Foul as Trial Begins / Agences Frances Presse Page 10 Too Busy Surviving to Follow a Landmark Trial / Inter Press Service (Johannesburg) Pages 11-13 The Taylor Trial Begins: Is There Enough Evidence? / Daily Observer Page 14 World Poised For Taylor’s Fair Trial / The Analyst Page 15 Amnesty Int'l - Trial Must Be Made Relevant / The Analyst (Monrovia) Page 16 Taylor - Anyaele Recounts Ordeal / The Daily Champion (Lagos) Page 17 Barack Obama’s Statement on Bringing Charles Taylor to Justice / All AmericansPatriot.Com Page 18 Supporters Defend Taylor's Boycott of Court / Voice of America Page 19 UNMIL Public Information Office Media Summary/ UNMIL Pages 20-22 The Long Arm of Charles Taylor Versus the Law / Macleans (Canada) Pages 23-29 Visible Justice / Stabroek News Pages 30-31 3 Standard Times Wednesday, 6 June 2007 Opinion President Kabbah and Berewa Linked to RUF Formation By Karamoh Kabba The most widely accepted postulate amongst scholars on the decade-long civil war in Sierra Leone is its lumpen revolutionary disposition.
    [Show full text]
  • Prioritizing Jurisdiction in the Competing Regimes of the International Criminal Court and the African Court of Justice and Human Rights: a Way Forward
    7. KIELSGARD - SUMMER 2017 - BU ILJ.DOCX (DO NOT DELETE) 4/30/17 8:30 PM PRIORITIZING JURISDICTION IN THE COMPETING REGIMES OF THE INTERNATIONAL CRIMINAL COURT AND THE AFRICAN COURT OF JUSTICE AND HUMAN RIGHTS: A WAY FORWARD Mark D. Kielsgard∗ Ken Gee-kin, IP∗∗ INTRODUCTION .......................................................................................... 286 BACKGROUND ............................................................................................ 289 FRAGMENTATION AND NORM CONFLICTS ................................................ 292 a. The Issue of Complementarity .................................................... 293 b. Principles of Treaty interpretation .............................................. 295 THE APPLICABILITY OF THE ICC’S COMPLEMENTARITY REGIME TO THE AFCJHR—A REGIONAL COURT AS OPPOSED TO A NATIONAL COURT .......................................................................... 297 LEADERSHIP IMMUNITY IN THE AFCJHR’S AND ROME STATUTE ARTICLE 17’S COMPLEMENTARITY REGIME .................................. 298 a. Immunities, its effect in foreign domestic jurisdictions and the removal of immunities under the Rome Statute ................ 299 i Personal immunity and functional immunity ........................ 299 ii Immunity ratione personae in international criminal prosecutions in foreign domestic jurisdiction .................... 302 iii The removal of Immunity ratione personae in the international criminal prosecutions in the ICC .................. 304 b. The impact of Article 46A bis of the
    [Show full text]
  • Assembly of States Parties 11 February 2021 ENGLISH Original: English
    International Criminal Court ICC-ASP/19/19/Add.1 Distr.: General Assembly of States Parties 11 February 2021 ENGLISH Original: English Nineteenth session, second resumption New York, 12 February 2021 Election of the Prosecutor of the International Criminal Court Addendum Annex II Alphabetical list of candidates (with supporting documentation) Contents Name Nationality Page 1. CASTRESANA FERNÁNDEZ, Carlos .... (Spain) ............................................... 2 2. GAYNOR, Fergal ..................................... (Ireland) ............................................. 10 3. KHAN, Karim ........................................... (United Kingdom of Great Britain and Northern Ireland) ..................................... ……………………………………… 18 4. LO VOI, Francesco ................................... (Italy) ................................................. 26 19A1-E-110221 ICC-ASP/19/19/Add.1 Page 2 1. CASTRESANA FERNÁNDEZ, Carlos (Spain) [Original: English] Note verbale The Permanent Mission of Spain to the United Nations presents its compliments to the Secretariat of the Assembly of States Parties of the International Criminal Court and, in connection with the process of election of the next Prosecutor and ultimately its Note with Reference: ICC-ASP/R19/SP/20 of 5 February, has the honour to inform that Spain nominates Mr. Carlos Castresana Fernández for the post of Prosecutor of the Court. Spain considers that Mr. Castresana Fernández fully meets the requirements of article 42(3) of the Rome Statute and, as such, he is the most suitable candidate to fill the post. Mr. Castresana Fernández's main qualities in relation to the requirements set out in the Rome Statute and in the published Terms of Reference are as follows: Mr. Castresana Fernández is of the highest moral character. He is of impeccable personal and professional integrity and has been the recipient of several prestigious awards and decorations in Spain and abroad.
    [Show full text]
  • Security Council Distr.: General 17 July 2020
    United Nations S/2020/720 Security Council Distr.: General 17 July 2020 Original: English Letter dated 17 July 2020 from the Chargé d’affaires a.i. of the Permanent Mission of the United Kingdom of Great Britain and Northern Ireland to the United Nations addressed to the President of the Security Council I have the honour to transmit herewith an assessment of the work of the Security Council for the month of November 2019 during the presidency of the United Kingdom of Great Britain and Northern Ireland (see annex). The assessment was prepared by the Permanent Mission of the United Kingdom to the United Nations. While other members of the Council have been consulted, the assessment should not be considered as representing the views of the Council. I should be grateful if the present letter and its annex could be circulated as a document of the Security Council. (Signed) Jonathan Allen Chargé d’affaires a.i. 20-09685 (E) 300720 *2009685* S/2020/720 Annex to the letter dated 17 July 2020 from the Chargé d’affaires a.i. of the Permanent Mission of the United Kingdom of Great Britain and Northern Ireland to the United Nations addressed to the President of the Security Council Assessment of the work of the Security Council during the presidency of the United Kingdom of Great Britain and Northern Ireland (November 2019) Introduction In November 2019, under the presidency of the United Kingdom of Great Britain and Northern Ireland, the Security Council held 20 formal meetings, including 2 private meetings, and 13 informal consultations.
    [Show full text]
  • ICTIG June 2021 Newsletter
    Vol. 2, Issue 2 June 2021 International Courts & Tribunals Interest Group Newsletter Introductory Note The International Courts and Tribunals Interest Group has been quite active since INSIDE THIS ISSUE the last newsletter. On March 12, ICTIG hosted, with the ABA’s International Courts Developments at International and Judicial Affairs Committee, an event titled “International Courts: Legitimacy, Courts & Tribunals Perception, and Outcomes.” The discussion addressed issues of diversity on the 2 international bench, featuring comments by Saadia Bhatty, Manuel Casas, Linda Strite Murnane, Nicola Peart, and was moderated by Cesare Romano. New Publications 3 On March 25, ICTIG co-chairs David Bigge and Freya Baetens hosted a chat with Philippa Webb during the interest group’s annual business meeting. The discussion Notable Judgments & Decisions centered on Webb’s new book, co-authored with Amal Clooney, titled “The Right to 3 a Fair Trial in International Law,” with a focus on how that right is applied by inter- national courts. Opportunities 6 On May 27, ICTIG hosted, with the Centre for International Law at the National University of Singapore, a discussion on maritime delimitation as a judicial process. Member News The panel for this fascinating discussion, which included Nilufer Oral, Massimo 8 Lando, Tara Davenport, Alina Miron, Sarala Subramaniam, and Judge Tomas Heider, addressed how the International Court of Justice has developed its tests for mari- time delimitation over time, and considered proposals for future developments. International Courts & Recordings of both the “Legitimacy, Perception, and Outcomes” event and the Tribunals Interest Group “Maritime Delimitation” event can be found on ICTIG’s page on the ASIL web site.
    [Show full text]
  • Karim A. A. Khan QC LLB (Hons) (Lond), AKC (Lond), Fsiarb, Fciarb, Dip
    [Original : anglais] Karim A. A. Khan QC LLB (Hons) (Lond), AKC (Lond), FSIArb, FCIArb, Dip. Int.Arb. (CIArb) Barrister- at-Law « ‘Avocat éblouissant’ et ‘stratège’ redoutablement intelligent » ayant représenté des clients devant des tribunaux internationaux dans le monde entier. En sa qualité de procureur du TPIY et du TPIR, il a acquis une vaste expérience dans le traitement de questions complexes telles que les crimes contre l’humanité, les crimes de guerre et les différends relatifs à l’atteinte à l’autorité de la cour. Sa capacité à aborder et à résumer les analyses juridiques les plus complexes en termes concis — mais percutants — est devenue légendaire. Avocat très bien noté avec lequel il faut compter. Il défend ses causes avec acharnement tout en conservant un comportement honorable. Il possède une connaissance approfondie du droit international et ses talents d’avocat et de rédacteur ne sont plus à démontrer. Il a la capacité d’aller au cœur d’une question juridique et d’identifier les solutions possibles avec précision et rapidité. Karim gère des équipes importantes sans que l’excellence du service fourni en pâtisse et c’est aussi un avocat acharné ». Chambers and Partners Legal Directory(2016-2020) « Il s’assure d’avoir une connaissance très approfondie non seulement des éléments factuels d’une affaire, mais aussi de tous les autres aspects lesquels, dans ce domaine, impliquent des considérations politiques, culturelles et sociétales ». Legal 500 (2021) “Leading Silk”, Ranked Tier 1, “ International crime & Extradition KARIM AHMAD KHAN QC occupe actuellement le poste de sous-secrétaire général des Nations Unies. Il a été nommé par le Secrétaire Général de cette organisation (Antonio Guterres) premier conseiller spécial et Chef de l’Équipe d’enquêteurs des Nations Unies chargée de concourir à amener Daech/État islamique d’Iraq et du Levant à répondre de ses crimes (UNITAD), conformément à la résolution 2379 (2017) du Conseil de sécurité.
    [Show full text]
  • Rodney Dixon QC
    T: +44 (0)20 7583 1315 E: [email protected] W: tgchambers.com/ https://tgchambers.com/member-profile/rodney-dixon-qc/ Rodney Dixon QC Year of Call: 2000 Experience Year of Silk: 2014 Rodney Dixon QC has a diverse practice in the UK and globally in international law, public law, inquiries, compliance and regulation, and human rights. He appears on behalf of Practice Areas Governments, serving and former Heads of State, politicians, military commanders, individual complainants and defendants, Extradition international organisations, companies and businesses, NGOs, Inquiries and victim groups. He specialises in public international law, Public International Law international criminal law, and human rights and civil liberties Public Law before all international, regional and national courts. His Public Access expertise lies in cases concerning foreign relations, inter-State Undertakes Public Access disputes, the armed forces, international prosecutions and work defence, public inquiries, universal jurisdiction, claims with international components, mediation and arbitration, cross- border proceedings, asset recovery, extradition and mutual Email: assistance. He is described in Chambers and Partners “as an [email protected] exceptional barrister with clients on every continent” and “respected for his excellent advocacy skills and strong client Awards care”. Rodney’s work covers all international criminal courts; UN proceedings, claims, and special procedures; actions before the International Court of Justice (ICJ); cases at the European Court of Human Rights; applications before the African Commission and African Court on Human and Peoples’ Rights; Privy Council cases; bilateral investment treaty matters; territorial and border disputes; public inquiries and investigations; World Bank Sanctions Board proceedings; land claims and reparations; corporate compliance and regulation; page 1 of 29 detentions abroad; Interpol and international and European arrest warrants; and, private international law cases.
    [Show full text]
  • ASP17 Report CICC.Pdf
    The COALITION FOR THE INTERNATIONAL CRIMINAL COURT includes 2,500 non- governmental organizations around the world working in partnership to strengthen international cooperation with the International Criminal Court; ensure that the Court is fair, effective and independent; make justice both visible and universal; and advance stronger national laws that deliver justice to victims of war crimes, crimes against humanity, and genocide. The Coalition Secretariat would like to thank the donors who have supported and continue to support the Coalition’s work: the European Union, Irish Aid, the Norwegian Agency for Development Cooperation (Norad) and the governments of Australia, Finland, Liechtenstein, Norway, The Netherlands, Switzerland, and a number of committed individuals and small foundations. The contents of this publication are the sole responsibility of the Coalition for the International Criminal Court and should in no way be taken to reflect the views of the European Union, Irish Aid, or any other donor. The Coalition for the ICC would like to thank the interns who provided an invaluable contribution to the drafting of the ASP17 Report: Fares Ather, Elise Blackburn, Sandrine Fontaine, Margaux Guint, Geraldine Maitreyi Gupta, Veronica Hassler Ben, Kelly Phan, Siti Putri, Celestine Schorlemer, Catarina Tavarela Mendes, Joelle van 't wout. The Coalition Secretariat takes all care to ensure accuracy. Corrections and additions are always welcome. For more information about the Coalition, please visit: www.coalitionfortheicc.org . Coalition for the International Criminal Court Summary Report - 17th ASP session – 2018 CICC Report on the 17th Session of the Assembly of States Parties Contents CONVENOR’S NOTE ..........................................................................................................................................................2 1. INTRODUCTION ........................................................................................................................................................3 2.
    [Show full text]
  • ICC-ASP-19-INF2-Add4-ENG-CEP
    International Criminal Court ICC-ASP/19/INF.2/Add.4 Distr.: General Assembly of States Parties 25 November 2020 Original: English and French Nineteenth session New York, 7-17 December 2020 Report of the Committee on the Election of the Prosecutor Addendum Additional candidates – reference material page A. Carlos Castresana Fernández (Spain)................................................................................................2 ......................... B. Karim A. A. Khan (United Kingdom of Great Britain and Northern Ireland) ................................9 ........................... C. Francesco Lo Voi (Italy) ................................................................................................17 ............................................ D. Robert Petit (Canada) ................................................................................................................................22 ................. E. Brigitte Raynaud (France) ................................................................................................26 .......................................... I2-A4-E-251120 ICC-ASP/19/INF.2/Add.4 A. Carlos Castresana Fernández (Spain) [Original : English] 1. Letter of motivation November 2019 Esteemed Members of the Committee: I wish to present you a brief account of the reasons why I believe that I meet the conditions to serve as Prosecutor of the International Criminal Court. Motivation I am persuaded that the ICC must become a robust model of justice, centred in the protection of victims,
    [Show full text]
  • The Case of Rwanda and East Timor Accountability for International
    Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor MohamedMohamed C.C. OthmanOthman AccountabilitAccountabilityy forfor InternationalInternational HumanitarianHumanitarian LawLaw Violations:Violations: TheThe CaseCase ofof RwandaRwanda andand EastEast TimorTimor ^12S MohamedMohamed C.C. OthmanOthman Judge,Judge, HighHigh CourtCourt ofof TanzaniaTanzania P.O.P.O. BoxBox 1478914789 DARDAR ESES SALAAMSALAAM TanzaniaTanzania [email protected]@yahoo.com ReprintReprint ofof covercover picturespictures byby courtesycourtesy ofof Dr.Dr. AlessandroAlessandro CaldaroneCaldarone andand ICTRICTR ISBN-10ISBN-10 3-540-26081-13-540-26081-1 SpringerSpringer BerlinBerlin HeidelbergHeidelberg NewNew Yor Yorkk ISBN-13ISBN-13 978-3-540-26081-3978-3-540-26081-3 SpringerSpringer BerlinBerlin HeidelbergHeidelberg NewNew Yor Yorkk Cataloging-in-PublicationCataloging-in-Publication DataData LibraryLibrary ofof CongressCongress ControlControl Number:Number: 20059293372005929337 ThisThis workwork isis subjectsubject toto copyright.copyright. AllAll rightsrights areare reserved,reserved, whetherwhether thethe whol wholee oror partpart ofof thethe materialmaterial isis concerned,concerned, specificallyspecifically thethe rightsrights ofof translation,translation, reprinting,reprinting, reusereuse ofof illus-illus­ trations,trations, recitation,recitation, broadcasting broadcasting,, reproductionreproduction onon microfilmmicrofilm oror inin anyany otherother wa way,y andand storagestorage inin datadata banks.banks.
    [Show full text]
  • Going Back to His Roots: Karim Asad Ahmad Khan Returns to the Hague
    The African Union and the ICC: One Rule for Kings, another for the Plebs By Tom Maliti During the five-year-long proceedings at the International Criminal Court (ICC) against former Ugandan rebel commander Dominic Ongwen, there was not a peep from the Ugandan government about the ICC’s bias against Africans. Uganda’s President Yoweri Museveni did not show any such restraint towards the ICC when he was the chief guest at the April 2013 inauguration of then newly elected Kenyan President Uhuru Kenyatta. “I was one of those that supported the ICC because I abhor impunity. However, the usual opinionated and arrogant actors using their careless analysis have distorted the purpose of that institution,” Museveni said in his 9 April 2013 speech. The actors he made indirect reference to were unnamed Western countries. Museveni accused those actors of using the ICC, “to install leaders of their choice in Africa and eliminate the ones they do not like.” At the time Museveni spoke, Kenyatta and his deputy William Samoei Ruto were due to face trial at the ICC. The case against Kenyatta was terminated in March 2015 before trial hearings began. Ruto’s case was terminated in April 2016 after the prosecution had called its witnesses. In a majority decision, the judges said the case against Ruto and former journalist Joshua arap Sang had deteriorated so much that they could not determine Ruto’s and Sang’s innocence or guilt. The judges said the case deteriorated because of a campaign to intimidate and bribe witnesses. No sense of irony During the April 2013 inauguration of Kenyatta, Museveni exhibited no sense of irony when he accused unnamed actors of using the ICC to eliminate leaders they did not like.
    [Show full text]