scholarly journals The International Criminal Court and Sexual Violence: Between Aspirations and Reality

2021 ◽  
Vol 22 (5) ◽  
pp. 878-893
Author(s):  
Tanja Altunjan
Keyword(s):  
Sexual Violence ◽  
Conceptual Understanding ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Full Potential ◽  
Sexual Crimes ◽  
Track Record

AbstractThe adoption of the Rome Statute of the International Criminal Court (ICC) was widely lauded as a success with regard to the recognition and potential prosecution of conflict-related sexual violence. More than twenty years later, however, many observers are disillusioned with the ICC’s dire track record concerning the implementation of its progressive legal framework. In many cases, the Court and particularly its Prosecutor have been criticized for failing to adequately address and prioritize sexual violence, culminating in only a single final conviction since 2002. Nevertheless, the ICC’s emerging practice shows progress with regard to the conceptual understanding of conflict-related sexual violence and the realization of the Statute’s full potential in ensuring accountability for sexual crimes. Taking into account the evolving jurisprudence, the Article explores the persisting challenges and the perceived gap between aspirations and reality regarding the prosecution of sexual violence at the ICC.

Rome’s Legacy: Negotiating the Reparations Mandate of the International Criminal Court

2017 ◽  
Vol 17 (2) ◽  
pp. 351-377 ◽  
Author(s):  
Christoph Sperfeldt
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Fresh Perspective ◽  
Rules Of Procedure ◽  
Victim Reparations

This article examines the negotiations that led to the incorporation of reparations provisions into the legal framework of the International Criminal Court (icc). Building upon a review of the travaux préparatoires and interviews, it traces the actors and main debates during the lead-up to the Rome Conference and the drafting of the Rules of Procedure and Evidence, explaining how and why reparations were included into the Rome Statute. In doing so, the article shows how the reparations mandate was produced at the intersection of a set of different agendas and actors. From this account, it identifies a number of key themes that were at the centre of the negotiations and often galvanised contestations among delegations or with ngos. The article concludes with a fresh perspective on the origin of victim reparations in the Rome Statute and its relevance for understanding many of today’s debates around reparations in international criminal justice.

scholarly journals Dealing with Non-cooperation at the icc: Towards a More Holistic Approach

2019 ◽  
Vol 19 (6) ◽  
pp. 911-937
Author(s):  
Olympia Bekou
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Holistic Approach ◽  
Legal Framework ◽  
Criminal Court ◽  
Legal Responses ◽  
Cooperation System ◽  
The Way

The article examines the legal and non-legal responses to tackling non-cooperation with requests issued by the International Criminal Court. Through an examination of the Rome Statute regime as well as the relevant jurisprudence, the paper argues that a shift in the way non-cooperation is dealt with is needed. The article shows both the strengths and limitations of the cooperation system. It concludes that the legal responses of the Court require consistency in order to send a coherent message to non-cooperating States. Ultimately, the article argues that in order to successfully address non-cooperation, it would be important to focus on possible synergies between the legal framework, political tools, actions that are available to States and judicial findings by the Court.

scholarly journals The other side of the Article 21(3) coin: Human rights in the Rome Statute and the limits of Article 21(3)

2019 ◽  
Vol 32 (4) ◽  
pp. 837-850
Author(s):  
Emma Irving
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Central Place ◽  
Legal Framework ◽  
Criminal Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Past

AbstractThe drafters of the Rome Statute sought to accord human rights a central place within the legal framework of the International Criminal Court (ICC). This was done not only through numerous provisions on the rights of the accused, victims, and witnesses, but also through the inclusion of the overarching Article 21(3) of the Rome Statute. Article 21(3) Rome Statute requires that the interpretation and application of all ICC law be consistent with internationally recognized human rights. While this provision has been employed on numerous occasions to bolster human rights protection in the ICC legal framework, it is not without its limits. In a series of decisions over the past few years, ICC judges have placed limits on the protections that can be read into the ICC legal framework on the basis of Article 21(3). Beyond stating that the ICC ‘is not a human rights court’, the decisions in question articulate no clear justification for the limitations imposed on Article 21(3). The present article analyses these decisions and identifies the underlying rationale for the Court’s approach: the principle of speciality. However, the picture is further complicated by the judges’ willingness to overlook the principle of speciality when particularly serious violations of human rights are involved. This leaves the precise contours of human rights protection in the ICC legal framework undefined.

Introductory Remarks by Priya Pillai

2020 ◽  
Vol 114 ◽  
pp. 201-203
Author(s):  
Priya Pillai
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Track Record ◽  
Selection Of

2020 is a significant year for the International Criminal Court (ICC). Nearly two decades have passed since the entry into force of the Rome Statute and the establishment of the ICC, and there are valid questions being asked about the efficacy and value of the court. This is impelled in part by the track-record of the ICC. There are currently nine open preliminary examinations, thirteen examinations that have been granted the authorization to proceed to the investigation stage, and four investigations that have been closed without any further proceedings. Of the few cases that have eventually gone to trial, there have been four convictions and three acquittals. There have also been allegations of bias in the selection of situations and cases, and the politicization of justice. However, the complexities that need to be navigated by the court also must not be overlooked. These include the lack of cooperation by states, difficulties in accessing information and evidence, as well as mismatched expectations from the court and what it can achieve.

WPS and the International Criminal Court

2018 ◽  
pp. 350-363
Author(s):  
Jonneke Koomen
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Gender Justice ◽  
Gender Based Violence ◽  
National Implementation ◽  
Gender Based ◽  
And Gender

The International Criminal Court began its work in 2003. The Court’s founding treaty, the Rome Statute (1998), offers an unprecedented legal framework dedicated to ending impunity for sexual and gender-based violence in armed conflict. This chapter examines how the Rome Statute contributes to the Women, Peace, and Security agenda, paying particular attention to the Statute’s definitions of crimes, gender-sensitive rules, commitment to gender expertise, provisions for victim participation and reparations, and its framework for national implementation. Next, the chapter examines the difficulties faced by the Court in institutionalizing the Statute’s gender justice commitments during the first decade of its work, including challenges surrounding the prosecutor’s investigations, charging decisions, and the ICC’s first trials. The chapter points to efforts to strengthen the Court’s gender justice framework and notes the key role of advocates and NGOs in monitoring the Court’s gender justice commitments. The chapter’s concludes by considering ways that WPS advocates can support the Court’s work in challenging international political circumstances.

Sherlock at the ICC?

2020 ◽  
Vol 18 (1) ◽  
pp. 59-86 ◽  
Author(s):  
Rafael Braga da Silva
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Third Party ◽  
Quality Of Evidence ◽  
Private And Public ◽  
The Difference

Abstract The International Criminal Court (ICC or the Court) is currently suffering from an evidence problem. Since the time the ICC became functional, some judges have criticized the investigative practices of the Office of the Prosecutor (OTP), and some cases have crumbled due to the quality of evidence. This article tackles these problems from the perspective of third-party investigations and their role in ICC cases. It examines the difference between private and public investigators under the legal framework of the Rome Statute to find whether and how third-party investigations can be used in (and by) the ICC. Evidence collected by third-party investigators will likely face challenges of admissibility in being introduced into trial. Those challenges could, however, be overcome if third-party investigations are regulated within the legal framework of the ICC. Ultimately, this article aims to provide a legal framework to optimize the use of third-party investigations in the ICC.

scholarly journals The International Criminal Court and the Issue of Intersectionality—A Conceptual and Legal Framework for Analysis

2021 ◽  
pp. 1-34
Author(s):  
Gregor Maučec
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Protection ◽  
Case Law ◽  
Legal Framework ◽  
Criminal Court ◽  
International Criminal Law ◽  
Strict Adherence ◽  
Principle Of Legality

Abstract A survey of relevant case law of the International Criminal Court (icc or Court) reveals inconsistencies, as well as conceptual flaws and limitations in the Court’s mainly uni-sectional approach to mass atrocities that involve multiple and intersecting forms discrimination, in particular with regard to the cornerstones of such cases—the identification of the protected groups and their members. This has resulted in discrepancies and low levels of legal protection against intersectional targeting. Such a cautious, selective and inconsistent approach of the icc to this issue is unsurprising given that the application of intersectionality in practice is a radical and transformative project. Espousing a more consistent and intersectional approach of the icc in considering mass atrocities against different protected groups and their members, this article discusses the Court’s legal framework and major conceptual and statutory concerns surrounding the icc prosecutor’s and judges’ enhanced engagement—through more progressive law interpretation—with the phenomena of intersectionality and key concepts related to it. The main purpose of this contribution is thus two-fold: (1) to demonstrate and explain why, in practice, the focus on intersectional dimensions of such situations and cases in their selection, prosecution and adjudication does not interfere with strict adherence to the principle of legality underlying the Rome Statute, and (2) to analyse the legal grounds and avenues for the Court to implement intersectionality when dealing with atrocities involving intersectional discrimination. It is ultimately suggested that Article 21(3) of the Rome Statute offers a proper and solid legal basis for interpreting and applying pertinent international criminal law in light of intersectionality.

scholarly journals The International Criminal Court and the Issue of Intersectionality—A Conceptual and Legal Framework for Analysis

2021 ◽  
pp. 1-34
Author(s):  
Gregor Maučec
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Protection ◽  
Case Law ◽  
Legal Framework ◽  
Criminal Court ◽  
International Criminal Law ◽  
Strict Adherence ◽  
Principle Of Legality

Abstract A survey of relevant case law of the International Criminal Court (icc or Court) reveals inconsistencies, as well as conceptual flaws and limitations in the Court’s mainly uni-sectional approach to mass atrocities that involve multiple and intersecting forms discrimination, in particular with regard to the cornerstones of such cases—the identification of the protected groups and their members. This has resulted in discrepancies and low levels of legal protection against intersectional targeting. Such a cautious, selective and inconsistent approach of the icc to this issue is unsurprising given that the application of intersectionality in practice is a radical and transformative project. Espousing a more consistent and intersectional approach of the icc in considering mass atrocities against different protected groups and their members, this article discusses the Court’s legal framework and major conceptual and statutory concerns surrounding the icc prosecutor’s and judges’ enhanced engagement—through more progressive law interpretation—with the phenomena of intersectionality and key concepts related to it. The main purpose of this contribution is thus two-fold: (1) to demonstrate and explain why, in practice, the focus on intersectional dimensions of such situations and cases in their selection, prosecution and adjudication does not interfere with strict adherence to the principle of legality underlying the Rome Statute, and (2) to analyse the legal grounds and avenues for the Court to implement intersectionality when dealing with atrocities involving intersectional discrimination. It is ultimately suggested that Article 21(3) of the Rome Statute offers a proper and solid legal basis for interpreting and applying pertinent international criminal law in light of intersectionality.

Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.90 Competing requests/Demandes concurrentes

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Cooperation ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
State Party ◽  
Coopération Internationale ◽  
Judicial Assistance

This chapter comments on Article 90 of the Rome Statute of the International Criminal Court. Article 90 primarily concerns extradition treaties. Most States Parties to the Rome Statute have pre-existing treaty obligations to facilitate extradition. Some may also have status of forces agreements that govern jurisdiction over crimes committed on their territory. Situations may arise where there are competing requests, one from a third State (which may not be a State Party to the Rome Statute) and one from the International Criminal Court. Article 90 provides a legal framework to resolve such conflicts. If a State Party that has received a request from the Court for surrender pursuant to article 89 also receives a request from a State to surrender the same person for the same conduct, it is to notify the Court and the requesting State of the fact that there are competing requests. From that point, the solution to the problem depends upon whether or not the requesting State is a State Party to the Rome Statute.

What the International Criminal Court has Achieved and can Achieve for Victims/Survivors of Sexual Violence

2009 ◽  
Vol 16 (2) ◽  
pp. 183-209 ◽  
Author(s):  
Anne-Marie De Brouwer
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
International Criminal Court ◽  
Potential Benefit ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Institutional Structures

In this contribution, the provisions of potential benefit to victims/survivors of sexual violence in the Rome Statute of the International Criminal Court and its subsidiary instruments will be discussed. In addition, the Court's practice to date in investigating and prosecuting sexual violence crimes will be examined. The new regime of the ICC brings with it improvements to international criminal law of benefit to victims/survivors of sexual violence. Whether this also means that the interests of victims/survivors of sexual violence are also better served in practice than under previous processes is, however, discussed, followed by the ICC's potential to address justice for victims/survivors of sexual violence. In this contribution it will become clear that provisions which are good on paper may not necessarily be sufficient in providing justice to victims of sexual violence. Good implementation of these provisions and of the institutional structures at the Court is needed in order to ensure that the rights given to victims/survivors of sexual violence do not remain merely an empty promise.

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