International Criminal Court (IDS 630 International Organizations and Multilateral Diplomacy)

7/31/2019 International Criminal Court (IDS 630 International Organizations and Multilateral Diplomacy)

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International Criminal Court

Cour Pnale Internationale

Mohamed Thaj

Mohan Singh Basnet

Myat Nyi Nyi Win

PhilipSabenaSambou


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From Nuremberg to Rome

Aggressive War, War Crimes,

Crimes against PeaceCrimes against Humanity

Poster Courtesy of AI (2000).

1948

International Criminal Court


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The Need For An International Criminal Court


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The History

International Law Commission (ILC)

Ad hoc Tribunals

PrepCom


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The International Criminal Court

Meeting of 160 countries to adopt the Rome Treaty,

17 July 1998.

Photo Courtesy of Benjamin Ferencz


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Entry Into Force

Photo courtesy: UN legal Affairs

April 11, 2002

139 signatories

120 States Parties

60

th

Ratification


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Entered into force on 1 July 2002

Article 11:

(2) If a State becomes a Party to this Statute after its

entry into force, the Court may exercise its jurisdictiononly with respect to crimes committed after the entry

into force of this Statute for that State, unless that State

has made a declaration under article 12, paragraph 3

The Rome Statute

(1) The Court has jurisdiction only with respect to

crimes committed after the entry into force of thisStatute.


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Importance of ICC

Complement national judicial systems

Deter future war criminals

Promote universal justice

End impunity

Help end conflicts

Remedy deficiencies of ad hoc tribunals


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Assembly of States

The Structure

ICC

Presidency

Judicial Divisions Office of the Prosecutor

Registry

Other Offices


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The ICC Funding

Sales, EU , 51.90,

57%

Sales, Japan,

19.90, 22%

Sales, Canada,

Australia, New

Zealand, 6.80,8%

Sales, Latin

America,Carribbean ,

5.40, 6%

Sales, Rest of

Asia, 3.00, 3%

Sales, Rest of

Europe, 2.90, 3%

Sales, , 0.60, 1%

Million Euros


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Exercise of Jurisdiction

Intervene only where a State is unable or unwilling genuinely to

carry out the investigation and prosecute the perpetrators

The alleged perpetrator should be a national of the State Party

A State not Party to the Statute may decide to accept ICC

Not a substitute of national courts

Can exercise jurisdiction to States which are the Parties of theRome Statute

Crime committed in the territory of the State Party

The Security Council, acting under Chapter VII of the United

Nations Charter, refers a situation refers to the prosecutor


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Exercise of Jurisdiction

Prosecutes Individuals

No amnesty

Has jurisdiction only with respect to the events which occurs

after entry into force of its statue on 1st July 2002

No one is exempted


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http://www.un.org/law/icc/index.html

Crimes within the jurisdiction

Article 5

Decision to be

taken on

1st January `17


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The ICC Procedure

When requested for investigation

Pre-Trial

The prosecutor determines the jurisdiction

Notify the concerned States of his intention to initiate aninvestigation

Sending investigators to Collects the evidences (information

providers : individuals, intergovernmental or non-

governmental organizations, or any other reliable sources)

At The request of the Prosecutor , Pre-Trial Chamber may

issue a warrant of arrest or summons

Hearing


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The ICC Procedure

The Trial Chamber

The prosecutors must prove the guilt of the suspect

Suspects are presumed innocent and given rights

If found guilty, Judge may impose

A prison sentence with added fine or forfeiture

Cannot impose a death sentence

Maximum 30 yrs

In extreme cases , life imprisonment


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The ICC Procedure

The Appeals Chamber

Both by convicted person or prosecutor

The Chamber may reverse or amend the decision

Victim of unlawful arrest or detention has a right to

compensation


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Situations and Cases

Uganda

DR Congo

Darfur, Sudan

CAR

Kenya

Libya

Cte dIvoire

14 cases in 7 situations

Colombia

Honduras Afghanistan

South Korea

Georgia

Nigeria

Guinea

Venezuela

Iraq


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Situations and Cases

19 Arrest Warrants

6 Arrests

9 Summons to appear

At large: 10 Suspects


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International Cooperation

State Parties

Non State Parties

International Organizations

Non-Governmental Organizations


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Cour

Pnale

Internationale

International

Criminal

Court

Thank YouAny

Questions

Documents

International Criminal Court (IDS 630 International Organizations and Multilateral Diplomacy)