International Criminal Court: A Break through in International Criminal Justice

International Criminal Court

•International, Treaty Based , Permanent Staff: 587•Hold individuals Accountable responsible for serious crimes•Governed by Rome Treaty adopted by 120 states by17 July, 1998 , entered into force on 1 July 2002 Why? • Based at Hague, Netherland •Funded or Support•Crimes: Genocide, Crimes against humanity and War crimes, Aggression? •Parties to Rome Statute 111 (Bangladesh)

Why International Criminal Court

"A person stands a better chance of beingtried and judged for killing one human being

than for killing 100,000 .”José Ayala Lasso, former United Nations High

Commissioner for Human Rights

Structure • Presidency (Three Judges)

• Judicial Divisions 18 Judges (Pre-Trial, Trial Division and Appeal Division

• Office of the Prosecutor (Luis Moreno-Ocampo fromBelgium)

• Registry (Adminsitrative affairs)

ICC Detention Centre

Investigation

Prosecutor

International Criminal Court & International Court of Justice

-ICJ is Civil Tribunal-with no Criminal Jurisdiction • Deals with disputes among States• Judicial Organ of UN-ICC: Criminal Jurisdiction to prosecute Individuals-Independent of UN, Managed and Monitored by

State parties

Tribunals (ICTY, ICTR) vs ICC

• Fixed Time frame• Reactionary • Particular Country• Governed by Security Council• ICC Permanent • Broad Mandate• Proactive approach deter crimes

Other Features

• Court of Last Resort • Complementary Principle (Inability or

Unwillingness)• Initiation of Proceedings before the ICC -By a State Party -The Prosecutor -The United Nations Security Council.• ICC has no retroactive Jurisdiction

Situations/CasesSTATE Action Mechanis

mUGANDA Warrants were issued:

Joseph Kony-The Lords Resistance Army and other four

State Party

The Democratic Republic of Congo

Three cases: on eat Pre trial stage and one at Trial stage

State party

Darfur Three cases Security Council

The Central African Republic

State Party State Party

The Republic of Kenya

Propo Motu

Challenges and Issues• 111 states are party but (Russia, China, India,

USA)• USA Opposition to ICC• Funds and resources • People’s Trust: All African States (Why not

US in Iraq)

1. Fiji, 29 November 1999 2. Marshall Islands, 7 December 2000 3. Nauru, 12 November 2001. 4. Cyprus, 7 March 2002 5.Cambodia, 11 April 2002 6. Mongolia, 11 April 2002 7. Jordan, 11 April 2002 8. Tajikistan, 5 May 2002 9. Timor-Leste, 6 September 2002 10. Samoa, 16 September 2002 11. Republic of Korea, 12 November 2002 13. Afghanistan, 10 February 2003 14. Japan, 17 July 2007 15 Cook Islands, 18 July 2008 16. Bangladesh, 23 March 2010

Assembly of State Parties

• Oversight and Legislative and management Body

• Head of State or Foreign Minister

Who Conducts Review? How its done

• All States (47)• Four Years (2008-2011) Review Cycle• Review Calendar- Three times a Year • UPR Group conducts the Review (47 States) • Troikas (Three states)• What are reviews based on? • 1-UN Entities 2. Treaty Bodies 3. State Reports4. Stake holder Reports (NGOs).

What human rights obligations are addressed?

(1) the UN Charter; (2) the Universal Declaration of Human Rights;(3) human rights instruments to which the State

is party (human rights treaties ratified by the State concerned)

(4) voluntary pledges and commitments made by the State (e.g. national human rights policies and/or programmes implemented)

(5) applicable international humanitarian law.

Outcome

• Outcome Report • Accept and reject• Recommendation• Implementation • When Sri Lanka was reviewed”:http://www.ohchr.org/EN/HRBodies/UPR/

Pages/MeetingsHighlightsSession2.aspxhttp://www.ohchr.org/EN/HRBodies/UPR/

Pages/Highlights13May2008pm.aspx