The Situation in the People's Republic of Bangladesh/Republic of the Union of Myanmar Decision to Authorize Investigation (I.C.C.) and the Gambia V. Myanmar Order for Provisional Measures (I.C.J.)

2020 ◽  
Vol 59 (4) ◽  
pp. 616-693
Author(s):  
Alessandra Spadaro
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
The Gambia ◽  
International Court Of Justice ◽  
Preliminary Stage ◽  
Court Of Justice ◽  
International Court ◽  
First Time

For the first time, the International Court of Justice (ICJ) and the International Criminal Court (ICC) are dealing concurrently with the same set of events, which concern the violence to which those in the group that self-identifies as the Rohingya have been subjected in Myanmar, and that has prompted their mass exodus to Bangladesh. Before both courts, proceedings are at a preliminary stage.

scholarly journals RETURN TO SENDER: LET THE INTERNATIONAL COURT OF JUSTICE JUSTIFY OR QUALIFY INTERNATIONAL-CRIMINAL-COURT EXCEPTIONALISM REGARDING PERSONAL IMMUNITIES

2019 ◽  
Vol 78 (3) ◽  
pp. 596-611
Author(s):  
Sarah M.H. Nouwen
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
Advisory Opinion ◽  
Criminal Courts ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court

AbstractThis article argues that it is important for the International Court of Justice to be given an opportunity, for instance through a request for an Advisory Opinion, to explain what exactly it meant when it suggested that the ordinarily applicable international law on immunities need not be an obstacle “before certain international criminal courts, where they have jurisdiction”. Two international criminal courts have built a structure of case law on this one obiter comment, which it seems unable to support.

Rethinking Aggression as a Crime and Formulating Its Elements: The Final Work-Product of the Preparatory Commission for the International Criminal Court

2002 ◽  
Vol 15 (4) ◽  
pp. 859-890 ◽  
Author(s):  
Roger S. Clark
Keyword(s):  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
General Assembly ◽  
The Political ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Final Work

The crime of aggression will be included within the jurisdiction of the International Criminal Court once agreement is reached on its definition and the conditions for exercising jurisdiction. The author discusses the ultimately unsuccessful efforts of the now concluded Preparatory Commission for the Court to complete the drafting. He suggests how the mental and material elements of the offense might be structured consistently with other offenses in the Statute of the Court. Probably the biggest intellectual hurdle is that of “conditions.” A number of states, notably the Permanent Members of the Security Council, insist that there must be a predetermination of an act of aggression by a state made by the Security Council. Others believe that the predetermination can be made by the General Assembly or the International Court of Justice. Yet others claim that all decisions must be made by the International Criminal Court. The political choice between these positions has still to be made.

scholarly journals INDIVIDUAL AND COLLECTIVE INTENT IN THE CRIME OF GENOCIDE (ON THE EXAMPLE OF THE HOLODOMOR-GENOCIDE AGAINST THE UKRAINIAN NATION)

2020 ◽  
pp. 54-64
Author(s):  
M. Antonovych
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Racial Group ◽  
International Court Of Justice ◽  
International Criminal Tribunals ◽  
Court Of Justice ◽  
International Court ◽  
Definition Of

The article deals with the definition of the concept of intent to commit genocide in the Statute of the International Criminal Court, in the document “Elements of Crimes” adopted by the International Criminal Court, as well as in decisions of the International Criminal Tribunal for the Former Yugoslavia, International Criminal Tribunal for Rwanda, International Criminal Court and in practice of the International Court of Justice. The author reveals constitutive elements of the concept of intent to commit genocide: intent to be engaged in the conduct which would cause destructive consequences for a national, ethnic, religious or racial group as such; intent to reach these consequences; or awareness that they will occur as a result of this conduct in the ordinary course of events. The author indicates slightly different approaches of the international criminal tribunals and courts to knowledge of the consequences as a result of destruction of a group. It is stated that the intent should not necessarily be fixed in documents or formulated in public oral speeches, but may also be certified by facts and circumstances of a crime. The author analyzes different circumstances which may evidence the intent to commit genocide. Special attention is paid to differentiation between individual and collective intent to commit genocide. The author examines the intent to commit genocide in the Holodomor organized against the Ukrainian national and ethnic group.

The International Court of Justice and the Responsibility to Protect: Learning from the Case of The Gambia v. Myanmar

2021 ◽  
pp. 1-25
Author(s):  
Martin Mennecke
Keyword(s):  
Criminal Court ◽  
The Gambia ◽  
Responsibility To Protect ◽  
Genocide Convention ◽  
Unique Contribution ◽  
International Court Of Justice ◽  
Accountability Measures ◽  
Court Of Justice ◽  
International Court ◽  
Central Actor

Abstract It is a commonplace in the R2P discourse to describe accountability measures as key means to implement the responsibility to protect. In particular, the International Criminal Court is regularly highlighted as a central actor, both in the literature, the annual R2P reports issued by the UN Secretary-General, and the subsequent debates in the UN General Assembly. Conspicuously absent from this conversation is the principal judicial organ of the United Nations, the International Court of Justice (icj). This article examines the potential role of the ‘World Court’, as The Gambia in November 2019 started a new case under the UN Genocide Convention against Myanmar before the icj. Analysing the limitations and prospects and existing icj case-law, the article concludes that the International Court of Justice can make an important and unique contribution to the responsibility to protect.

The ICC and the Crime of Aggression: A Need to Reconcile the Prerogatives of the SC, the ICC and the ICJ

2008 ◽  
Vol 8 (4) ◽  
pp. 655-686
Author(s):  
Vimalen Reddi
Keyword(s):  
Rome Statute ◽  
International Criminal ◽  
Potential Interaction ◽  
Criminal Court ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Un Security Council ◽  
The Icj ◽  
International Rule

AbstractThis paper proposes a framework under which the ICC should exercise jurisdiction over the crime of aggression, in view of the much anticipated and impending Review Conference of the Rome Statute. In this context, it examines the potential interaction between the UN Security Council, the International Criminal Court and the International Court of Justice, in an eventual prosecutorial regime for the crime of aggression. The paper's underlying premise rests on the vindication of an international rule of law, so often dismissed in international relations.

Sign in / Sign up

Export Citation Format

Share Document