L’élément politique des crimes contre l’humanité: État des lieux de la jurisprudence de la Cour pénale internationale

Rome Statute ◽

International Criminal ◽

Case Law ◽

Criminal Court ◽

Organizational Policy ◽

The Core ◽

Legal Literature ◽

Legal Texts ◽

AbstractTo be characterized as a crime against humanity under Article 7 of the Rome Statute of the International Criminal Court (ICC), the acts listed must have been committed as part of a systematic or widespread attack in furtherance of a State or organizational policy. Both variants of the attack, that is to say its “systematic” or “generalized” nature are alternative requirements. However, some of the legal literature since the preparatory work to draft the Rome Statute of the International Criminal Court in 1998 considers that the requirement of a policy makes both variants cumulative, hence creating a conflict between Article 7(1) and Article 7(2) of the Rome Statute. The controversy over the content and the legal scope of the concept of policy is worsened by the absence of definitions of the notions of policy and systematic attack in the core legal texts of the ICC. What definition have Chambers of the ICC given to the notion of policy? What sources have Chambers relied on? Does ICC case law provide tools to avoid possible conflict between Article 7(1) and Article 7(2) of the Rome Statute? These are the issues this study attempts to examine.

A Brand New Definition for the Crime of Aggression: The Kampala Outcome

Nordic Journal of International Law ◽

10.1163/157181012x638098 ◽

2012 ◽

Vol 81 (2) ◽

pp. 227-248 ◽

Cited By ~ 2

Author(s):

Marina Mancini

Keyword(s):

International Law ◽

Rome Statute ◽

International Criminal ◽

Case Law ◽

Criminal Court ◽

Customary International Law ◽

The Core ◽

Definition Of

At the first Review Conference of the Rome Statute of the International Criminal Court, which was held in Kampala in 2010, the negotiations on the crime of aggression resulted in a complex package, at the core of which are the definition of the crime and the conditions for the exercise of the Court’s jurisdiction over it. This article examines the definition of the crime of aggression, as enshrined in the new Article 8 bis, considering the various parts of that package as well as the existing practice and case law. On the basis of this analysis, it evaluates the relevance of the Kampala definition to the evolution of customary international law.

Case Admissibility at the International Criminal Court

The Law and Practice of International Courts and Tribunals ◽

10.1163/15718034-12341295 ◽

2015 ◽

Vol 14 (2) ◽

pp. 305-317 ◽

Cited By ~ 10

Author(s):

Tomas Hamilton

Keyword(s):

Rome Statute ◽

International Criminal ◽

Criminal Court ◽

Step Test ◽

Legal Certainty ◽

The Core ◽

Future Challenges

The existing jurisprudence of the icc establishes a two-step test for determining challenges to the admissibility of a case under Article 17 of the Rome Statute, now further solidified by an Appeals Chamber judgment in Simone Gbagbo. Notably, this is an area of the jurisprudence that does not suffer from excessive fragmentation. The Court has consistently required “substantially the same conduct” for a finding of parity between its own case and the case under investigation or prosecution by domestic authorities. Different outcomes in Al-Senussi and Gaddafi are attributable to factual differences, leaving intact the fundamental approach of the Court to the “inability” and “unwillingness” aspects of complementarity. Although novel fact patterns may pose future challenges to the coherence of this approach, the core principles of case admissibility are now well established, increasing legal certainty for States and individuals who seek to challenge the admissibility of cases before the Court.

The International Criminal Court

The Law and Practice of International Courts and Tribunals ◽

10.1163/157180308x332748 ◽

2008 ◽

Vol 7 (1) ◽

pp. 115-160

Author(s):

Noora Arajärvi ◽

Dov Jacobs

Keyword(s):

Rome Statute ◽

International Criminal ◽

Democratic Republic Of Congo ◽

Case Law ◽

Criminal Court ◽

High Expectations ◽

Outreach Programs ◽

The Past ◽

Raising Awareness

AbstractThis article covers the past two years of the activity of the International Criminal Court. Ten years after the signature of the Rome Statute, the Court has continued investigating situations in four countries (Democratic Republic of Congo, Uganda, the Sudan and the Central African Republic). The activity of the Court has accelerated, with four indictees in custody in the DRC situation, one public arrest warrant in the CAR situation and two in the Sudan situation. The Court has developed its case law on victim participation and refined its procedural framework, through constant debate between the Prosecutor and the pre-trial chambers. It has also pursued its goal of increasing cooperation with State parties, and raising awareness of the Court through outreach programs. The Court faces difficult challenges in establishing itself as a credible court, balancing the necessary requirements of fairness in a criminal trial and the high expectations of victims and the international community. The recent stay of proceedings and granting of release in the Lubanga case, which is supposed to be the first trial of the Court, is an illustration of this challenge and the difficulty in finding this balance.

"The Legal Basis for the Exercise of Jurisdiction by the International Criminal Court and the Preparatory Work of the Rome Statute (II)," Journal of International Relations and Comparative Culture, Vol. 17, No. 1 (September 2018), pp. 37-48.

10.31228/osf.io/hm3uz ◽

2019 ◽

Author(s):

Yoshiaki Kitano

Keyword(s):

International Law ◽

Rome Statute ◽

International Criminal ◽

Criminal Court ◽

Current Status ◽

Legal Basis ◽

Territorial Jurisdiction ◽

Concurrent Exercise ◽

This paper aims to discuss the legal basis for the exercise of jurisdiction by the International Criminal Court while viewing the topic as one of the issues demonstrating the current status of general international law concerning the creation of obligations for non-party states. The table of contents included in this part 2 is as follows: Chapter 2 Existing Theories (Section 1 Exercise of State Jurisdiction through the ICC (1. Arguments for the Exercise of Territorial Jurisdiction through the ICC / 2. Arguments for the Concurrent Exercise of Territorial and Universal Jurisdictions through the ICC / 3. Arguments for the Exercise of Territorial or Active Personality Jurisdiction through the ICC depending on the Accepted State / 4. Arguments for the Exercise of Universal Jurisdiction through the ICC in All Cases / 5. Arguments against the Exercise of State Jurisdiction through the ICC / 6. Summary of Section 1)).

"The Legal Basis for the Exercise of Jurisdiction by the International Criminal Court and the Preparatory Work of the Rome Statute (I)," Journal of International Relations and Comparative Culture, Vol. 16, No. 2 (March 2018), pp. 67-74.

10.31228/osf.io/gx3ae ◽

2019 ◽

Author(s):

Yoshiaki Kitano

Keyword(s):

International Relations ◽

International Law ◽

Rome Statute ◽

International Criminal ◽

Criminal Court ◽

Current Status ◽

Legal Basis ◽

Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.7 Crimes against humanity/Crimes contre l’humanité

10.1093/law/9780198739777.003.0009 ◽

2016 ◽

Author(s):

Schabas William A

Keyword(s):

Rome Statute ◽

International Criminal ◽

Criminal Court ◽

Crimes Against Humanity ◽

Organizational Policy ◽

Applicable Law ◽

Contextual Elements ◽

The Subject ◽

The Individual

This chapter comments on Article 7 of the Rome Statute of the International Criminal Court. Article 7 defines crimes against humanity, one of four categories of offence within the subject-matter jurisdiction of the International Criminal Court. The classic definitions of crimes against humanity, in such instruments as the Charter of the Nuremberg Tribunal, are vague and open-ended, leaving courts to interpret the scope of such expressions as ‘persecution’ and ‘inhumane acts’. Out of concern with the uncertain parameters of the crime, the drafters of the Rome Statute included extra language designed to restrain efforts at generous or liberal interpretation. The five distinct ‘contextual elements’ of crimes against humanity are: (i) an attack directed against any civilian population; (ii) a State or organizational policy; (iii) an attack of a widespread or systematic nature; (iv) a nexus between the individual act and the attack; and (v) knowledge of the attack.

The International Criminal Court

10.1093/law/9780198739777.001.0001 ◽

2016 ◽

Author(s):

Schabas William A

Keyword(s):

Detailed Analysis ◽

Rome Statute ◽

International Criminal ◽

Case Law ◽

Criminal Court ◽

New Developments ◽

Academic Literature ◽

Rules Of Procedure ◽

The Relationship

Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides a detailed analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each chapter includes accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. The text aims to avoid duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute. The fully updated second edition of this book incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.

The Definition of Crimes against Humanity in the Rome Statute of the International Criminal Court: Endorsing and Furthering or Merely Having Knowledge of the State or Organizational Policy?

10.1163/9789047405269_013 ◽

2004 ◽

pp. 163-192

Keyword(s):

Rome Statute ◽

International Criminal ◽

Criminal Court ◽

The State ◽

Crimes Against Humanity ◽

Organizational Policy ◽

Definition Of

Violations of the laws or customs of war under military law: comparative analysis of international and internal legislation of Ukraine

Problems of Legality ◽

10.21564/2414-990x.152.223328 ◽

2021 ◽

pp. 8-18

Author(s):

Oksana Cherviakova ◽

Vladyslav Mekheda

Keyword(s):

Comparative Analysis ◽

Rome Statute ◽

International Criminal ◽

War Crimes ◽

Criminal Court ◽

Legal Order ◽

The Core ◽

International Legal Order ◽

Military Law

This paper addresses the question of the criminalization of war crimes, which are compared at the international and internal legislative level under military law. Considering current threats to the international legal order and security system, justice and defence sector actors, military lawyers and research fellows in military law are faced with the problems of the concept of responsibility for the most serious crimes in the world. The adoption of the Rome Statute of the International Criminal Court in 1998 raises the question of the internal legislation validity. The states Parties to International Criminal Court should revise the established conceptual approaches of responsibility for war crimes. The comparative analysis was made of the core and international military law.

"The Legal Basis for the Exercise of Jurisdiction by the International Criminal Court and the Preparatory Work of the Rome Statute (IV)," Journal of International Relations and Comparative Culture, Vol. 18, No. 1 (September 2019), pp. 59-64.

10.31228/osf.io/6vszq ◽

2019 ◽

Author(s):

Yoshiaki Kitano

Keyword(s):

International Law ◽

Rome Statute ◽

International Criminal ◽

Criminal Court ◽

Current Status ◽

Legal Basis ◽

State Consent ◽

The Creation ◽

This paper aims to discuss the legal basis for the exercise of jurisdiction by the International Criminal Court while viewing the topic as one of the issues demonstrating the current status of general international law concerning the creation of obligations for non-party states. The table of contents included in this part 4 is as follows: Chapter 3 Examination of the Preparatory Work of the Statute (Section 1 Outline of the Preparatory Work of the Statute (1. Work prior to the Rome Conference / 2. Work at the Rome Conference, in particular on the State-Consent Requirements for the Proposed ICC’s Exercise of Jurisdiction) / Section 2 Analysis of the Relevant Discussions Conducted in the Preparatory Work of the Statute (1. Discussions over the Rules of the Law of Treaties on the Creation of Obligations for Non-Party States)).