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EXPLAIN THE SIGNIFICANT DEVELOPMENT OF THE ROLE OF THE INTERNATIONAL CRIMINAL COURT POST WORLD WAR 2
HISTORY
The Nuremberg and Tokyo tribunals were established in the wake
of the Second World War. In 1948, when the Convention on the
Prevention and Punishment of the Crime of Genocide was
adopted, the United Nations General Assembly recognized the
need for a permanent international court to deal with the kinds of
atrocities which had just been perpetrated.
However, while negotiations on the ICC Statute were underway at
the United Nations, the world was witnessing the commission of
heinous crimes in the territory of the former Yugoslavia and in
Rwanda. In response to these atrocities, the United Nations
Security Council established an ad hoc tribunal for each of these
situations.
These events undoubtedly had a most significant impact on
the decision to convene the conference which established the
ICC in Rome in the summer of 1998.
Crimes
SeriousCrimes
Inter-nationalCrimes
The Crime of
Genocide
Crimes AgainstHumanity
War CrimesCrimes of Aggression
ICC CASE CHECKLIST
ICC trial
Is the domestic court unable or unwilling to prosecute?
Was the case properly referred?
Is there temporal jurisdiction?
Is the crime under ICC jurisdiction? Art. 5
Art. 11
Art. 13
Art. 17
1. Attain Fairness For All.
Kofi Annan, UN Secretary : to charge
and punish accused person for crimes
such as genocide.
Assumption that the incident of the
World War II will not be repeated,
however, it happened in Cambodia and
Bosnia.
Man’s capacity for evilness has no
limits, therefore, ICC is needed to be
establish
2. End Impunity
when government incapable to act
Nuremberg Tribunal : ‘crimes against
international law are committed by men and
it can imposed by punishing individuals who
commit such crime.
Draft Code of Crimes against the Peace and
Security of Mankind : applied equally and
without exclusion to any individual
throughout the governmental organization
3. Restrictions Of The Ad Hoc Tribunals
limited to specific locations or place.
respond mainly to the incidents in
the previous
Costly and delays
capability to punish offenders of
international crimes and to deter
future offenders has been restricted
4. Deter Future War Criminals
aware of the international
tribunal before they infringe the
laws of war or humanitarian law
in past, most offenders of war
crimes and crimes against
humanity escaped from criminal
liability
INTRODUCTION Procedure of the ICC is
administered by its Statute, and the Rules of Procedure and Evidence (RPE)
There are 18 judges in the ICC Rome Statute : All the
individuals are presumed innocent until proven guilty which is beyond reasonable doubt
PRESIDENCY 6/18 judges, respectively
serve 3 year period. The President - Utmost
senior judge who sits in the Appeals Division, together with four additional judges
OFFICE OF THE PROSECUTOR
Duty : Accountable in carrying out investigations
and trials
Obtains referrals for cases and material on
offences
The Office contains of the Deputy Prosecutor,
the Investigations Division, and the Jurisdiction,
Complementarity and Cooperation Division.
As of June 2012, Prosecutor is Fatou Bensouda
of Gambia; designated for 9 years
REGISTRY Led by the Registrar
Chosen by the judges to a 5 years period
Accountable for the non-judicial sides of the
management and servicing of the Court of entire
divisions of the ICC; management of legal aid
issues, court management, sufferers and witnesses
issues, defence counsel, custody unit etc
Current Registrar is Herman von Hebel, who was
chosen on 8th March 2013.
ICC’S FINANCIAL DIVISIONAids from the states’ partiesSum allocated by each state party is
confirmed using the identical technique as the United Nations: each state's support is complying on the country's capability to pay, which redirects elements such as a national profits and population
WAYS TO EXAMINE A SITUATION IN ICC
a State Party of the Rome Statute refers a circumstance to the Prosecutor
UN Security Council to demand an examination of a circumstance in any State that is a member of the UN
on the Office of the Prosecutor's personal initiative.
Encouraging Support from the U.N. Security Council, covering universal jurisdiction to Human Rights Courts
There were numerous cases :
20th December 2014, the Presidency of the (ICC)
August 2014, ICC prosecutor condemned accelerating violence in Libya
25th July 2014, ICC Prosecutor Fatou Bensouda issued a statement concerning news on accelerating military’s attacks in Libya.
The tension between peace and justice will continue to bedevil the ICC but that presently we have a very poor understanding of how it plays out.
In the face of all these difficulties, there is renewed attention to the Court’s role in encouraging domestic prosecutions.-
Neither Sudan, nor Uganda, nor Kenya, nor Libya, for example, has
seriously pursued domestic accountability efforts even as they have sought to discredit, ignore, or slide out from scrutiny by the ICC
the process of ratifying the Rome Statute has led dozens of countries to rewrite their criminal laws
the Court’s critics should reflect - If one believes in international criminal justice, surely the task must be through patient effort to make this Court succeed.
*refrain from insisting that the ICC take on more unwinnable cases. ( ICC Prosecutor has brought only 21 cases (involving some 30 defendants); only one of these cases has definitively concluded) *the most powerful leaders could be punished for crimes of state
1. S t a t e s c a n n o t b e r e l i e d u p o n t o b e t h e s o l e d i s p e n s e r s o f r i g h t s a n d p r o t e c t o r s o f i n d i v i d u a l s .
2. T h e i n t e r n a t i o n a l c r i m i n a l c o u r t i s t h u s t h e i d e a l v e h i c l e t o a c h i e v e t h e j u s t i c e r e q u i r e d t o a ffi r m t h e p r i d e o f a l l i n d i v i d u a l s , r e g a r d l e s s o f w h e r e t h e y m ay l i v e i n t h e w o r l d .
3. I t h a s t h e p o t e n t i a l t o e n f o r c e t h e n o r m s a n d t h u s c o n t r i b u t e t o t h e s t a b i l i t y o f t h e w o r l d b y fi l l i n g t h e v a c u u m c r e a t e d b y w e a k , f a i l i n g a n d f a i l e d s t a t e s .
4. The International Criminal Court has never tried or
convicted a State official and the majority of its cases concern those who are in charge or part of
rebel groupings.
5. The investigation by the International Criminal Court in a number of situations concerning non-state actors indicates that this trend will continue for a sustained period of time: it represents the new paradigm, rather than an exceptional circumstance.
6. The provision in the Rome Statute for such prosecutions is key, but not as central as the initial judgments of the Court, which offer a novel opportunity to use the jurisprudence of the Court to inform and guide future decisions.
7. This can be attributed to the change in focus of the Court, and of the discipline of international criminal law as a whole.
8. This focus on non-state actors demonstrates the potential for a future of enhanced protection against those who choose to act aggressively against civilian populations regardless of whether or not they are linked to a State.
9. It also demonstrates the Court’s increasing harmony with the provisions of international humanitarian law and international human rights law.
10.The work of the previous international criminal tribunals, prosecuting serious violations of the laws of war, has come to fruition through the prosecutorial policy of the International Criminal Court.
11.International criminal law as a discipline has continued to expand and its expansion inspires a greater focus on individual rights. The most interesting part of this expansion is the realisation that protection trumps the discipline.
CRITICISM OF THE ICC
Lack of oversight, checks & balances Selectivity Sovereignty concerns Makes peace process more difficult
CONCLUSION
What checks are there on the ICC’s power? Is the ICC biased against Africa? Does the ICC infringe on sovereignty? Is the ICC doing its job deterring int’l crimes?
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