ACCIDENT AND DESIGN: RECOGNISING VICTIMS OF AGGRESSION IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (1) ◽  
pp. 103-132
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Future Application ◽  
Political Rights ◽  
Recent Developments ◽  
Civil And Political Rights

AbstractInternational law has not traditionally recognised individuals as victims of the crime of aggression. Recent developments may precipitate a departure from this approach. The activation of the jurisdiction of the International Criminal Court over the crime of aggression opens the way for the future application of the Court's regime of victim participation and reparation in the context of prosecutions for this crime. The determination by the United Nations Human Rights Committee in General Comment No. 36 that any deprivation of life resulting from an act of aggression violates Article 6 of the International Covenant on Civil and Political Rights serves to recognise a previously overlooked class of victims. This article explores these recent developments, by discussing their background, meaning and implications for international law and the rights of victims.

scholarly journals Peran Perserikatan Bangsa-Bangsa dalam Kaitannya dengan Penegakan Hukum Oleh Mahkamah Pidana Internasional (Prospek dan Tantangan)

SASI ◽  
2020 ◽  
Vol 26 (2) ◽  
pp. 251
Author(s):  
Novy Septiana Damayanti
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Secondary Data ◽  
Criminal Court ◽  
International Organization ◽  
Community Interactions ◽  
The United Nations

International law in its development moves dynamically according to international community interactions. In the development of international law has spawned an international organization, namely the United Nations (UN). International courts relating to the UN status. The UN has laid the framework of the kosnstitusionic on the underlying instrument of the Charter with the determination of all the members of the UN to avoid the recurrence of World War threats that have twice occurred and have caused A threat to all mankind. THE un-formed International Criminal Court is backed by many demands for justice for its extraordinary crimes (the most serious crime). The International Criminal Court aims to end impunity for perpetrators of gross human rights violations and to give a share of the prevention of the most serious crimes against human rights under international law, as well as Ensure international justice and support the achievement of objectivesof the United Nations Charter principles. Based on the description the problem that will be discussed in this article is the role and authority of THE International Organization (PBB) in maintaining international peace and security in resolving the problems that Conducted by the International Criminal Court (ICC).This Writing uses legal research methods is normative with the research of secondary data and described descriptively.

Part 8 Appeal and Revision: Appel et Révision, Art.85 Compensation to an arrested or convicted person/Indemnisation des personnes arrêtées ou condamnées

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Political Rights ◽  
Civil And Political Rights

This chapter comments on Article 85 of the Rome Statute of the International Criminal Court. Article 85 grants anyone who has been the victim of unlawful arrest or detention an enforceable right to compensation. Compensation is authorized under three scenarios: (i) in the event of unlawful arrest or detention, even if a person is never brought to trial; (ii) where a person has been convicted and punished, and the conviction is later overturned as a result of discovery of new facts; and (iii) if a person has been acquitted or proceedings terminated, compensation is available when the person has been detained, but only ‘in exceptional circumstances’. The travaux préparatoires confirm the intent of the drafters to align the rights contained in article 85 with the relevant provisions of the International Covenant on Civil and Political Rights.

Canada, the International Criminal Court, and the intersection of international politics and finances

2019 ◽  
Vol 74 (2) ◽  
pp. 206-224
Author(s):  
Kirsten J. Fisher ◽  
Laszlo Sarkany
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Prime Minister ◽  
Criminal Court ◽  
United Nations Security Council ◽  
Financial Resources

In 2018, Prime Minister Trudeau made two announcements regarding the International Criminal Court, both, it seems, aimed at reinforcing Canada’s claim of human rights promotion and multilateralism: Canada declared Myanmar’s actions against the Rohingya people genocide and urged the United Nations Security Council to refer the situation to the International Criminal Court, and it joined a collective referral of the Venezuela situation to the Court. As public measures of support, these are positive developments for the International Criminal Court, which has been suffering poor public relations and challenges to its legitimacy. However, Canada could do more by better supporting the financial viability of the Court. Currently, it aims to increase the Court’s workload without supporting an increased budget, as reflected in Canada’s involvement at the December 2018 Assembly of States Parties meeting. A seemingly sure way to undermine the International Criminal Court would be to add to its workload without ensuring it has the financial resources to do the work.

Cooperation Between the United Nations and the International Criminal Court

2013 ◽  
Vol 10 (1) ◽  
pp. 223-246
Author(s):  
Tamara Cummings-John
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
Rome Statute ◽  
Administrative Support ◽  
International Criminal ◽  
Criminal Court ◽  
Recent Developments ◽  
The United Nations ◽  
Judicial Assistance ◽  
The Relationship

As contemplated by the Rome Statute of the International Criminal Court (‘Court’), the United Nations and the Court entered into a Relationship Agreement in 2004. The Relationship Agreement provides a framework for cooperation between the United Nations and the Court, including through logistical or administrative support to the Court, in particular in countries where the Prosecutor has opened investigations or is conducting preliminary examinations. The United Nations also provides substantive support and judicial assistance to the Court’s organs, in particular to the Prosecutor, but also increasingly now to the Defence, by making available documents and information generated or obtained by the United Nations and its various field presences. United Nations staff and experts have also been made available to the Court for interview and some have testified before the Court, for which the United Nations Secretary-General has to waive their immunity. This commentary provides an update on recent developments in two areas of cooperation between the United Nations and the court: information sharing, and contact with persons subject to warrants or summonses.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

scholarly journals The ICC-African Relationship: More Complex Than a Simplistic Dichotomy

2021 ◽  
Vol 11 (2) ◽  
pp. 51-61
Author(s):  
Emily Rowe
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
United Nations ◽  
International Criminal Court ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
The Political ◽  
Selectivity Bias ◽  
Principle Of Complementarity

The International Criminal Court’s (ICC) legitimacy, as an independent and unbiased international criminal court, has been brought into question, for all 30 official cases opened to this date are against African nationals. The ICC-African relationship is often framed in this excessively simplistic dichotomy: either the ICC is regarded as a Western neo-imperial colonial tool, or as a legal institutional champion of global human rights, rid of the political. Nevertheless, each obfuscates the complexity of this relationship by purporting either extreme.  Rather, it is the legal framework of the ICC that necessitates selectivity bias against nationals from developing countries, in particular, African states. The principle of complementarity and the United Nations Security Council’s (UNSC) referral power embedded in the ICC’s legal framework, allows for African nations to be disproportionately preliminarily examined, investigated, and then tried, while enabling warranted cases against nationals from developed states to circumvent such targeting. Therefore, the primary issue lies not in cases the ICC has opened, but in the cases it has not. 

An Analysis of the Cooperation Regime of the International Criminal Court and its Effectiveness in the Court’s Objective in Securing Suspects in its Ongoing Investigations and Prosecutions

2012 ◽  
Vol 12 (5) ◽  
pp. 937-962 ◽  
Author(s):  
Rita Mutyaba
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
State Party ◽  
Enforcement Mechanism ◽  
Enforcement Mechanisms

The International Criminal Court (ICC) has to rely on the cooperation of State Parties and non-party States in the arrest and surrender of accused persons who commit crimes within the court’s jurisdiction because it lacks an enforcement mechanism to apprehend those individuals. However, a State can refuse to cooperate with the Court based on competing requests for extradition of an accused, incompatibility of the cooperation request with international law, when the execution of the cooperation request is prohibited by national law, concern that the suspect’s human rights will be violated, the cooperation request has problems that may impede or prevent the State Party from executing the request; sovereignty claims. Notwithstanding these reasons, the cases before the Court show that the ICC has been largely successful in securing the arrest and surrender of accused persons. However, alternative enforcement mechanisms of cooperation requests should be considered as a means of apprehending suspects.

scholarly journals Asset Freezing at the European and Inter-American Courts of Human Rights: Lessons for the International Criminal Court, the United Nations Security Council and States

2020 ◽  
Vol 20 (3) ◽  
pp. 502-525
Author(s):  
Daley J Birkett
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
United Nations Security Council ◽  
European Convention ◽  
The United Nations

Abstract This article examines the human rights implications of the asset freezing processes available to the International Criminal Court and the United Nations Security Council. It does so through the lens of the case law of the European Court of Human Rights and the Inter-American Court of Human Rights, from whose jurisprudence, although not uniform, a number of principles can be distilled. By scrutinising a series of cases decided under the European Convention on Human Rights and American Convention on Human Rights, respectively, the article demonstrates that the rights to the peaceful enjoyment of property and to respect for one’s private and family life, home and correspondence are necessarily implicated by the execution of asset freezing measures in criminal and administrative contexts. The article concludes that, considering the human rights constraints placed on the exercise of their powers, both the International Criminal Court and United Nations Security Council, as well as States acting at their request, must pay attention to this case law with a view to respecting the human rights of those to whom asset freezing measures are applied.

scholarly journals A New Perspective on the International Criminal Court: Why the Right Should Embrace the ICC and How America Can Use It

2006 ◽  
Vol 68 (1) ◽  
Author(s):  
Ron Sievert
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Global Solutions ◽  
Romantic Attachment ◽  
The United States ◽  
Criminal Court ◽  
Left Wing ◽  
The Right

In examining the response of the U.S. to the development of international law and institutions, one observes that the proponents of an international approach are traditionally idealists and those representing the left wing of American politics. The opposition tends to be led by conservatives and nationalists. A review of public statements surrounding the creation of the ICC reveals that it is no exception. The Court was formed, in the words of Kofi Annan, to help “ensure that no ruler, no State, no junta and no army anywhere can abuse human rights with impunity . . . that those who violate those rights will be punished.” Organizations such as Human Rights First, Human Rights Watch, Amnesty International and Citizens for Global Solutions have heavily promoted the ICC, and many international lawyers have expressed a “romantic attachment” to the idea that the Court can efficiently judge and deter war criminals and those who abuse human rights. However, as early as 1998, members of America’s political right wing, such as Senators Jessee Helms and John Ashcroft, have made it clear that they viewed the ICC as a threat to U.S. national sovereignty and our preeminence in world affairs. Senator Ashcroft stated that the Court was a “continuing threat to the national interest,” while Senator Helms declared that “the United States will never—and I repeat, never—allow its national security decisions to be judged by any international criminal court.” AmbassadorJohn Bolton and the Cato Institute also took strong and early stands against the Court, with Ambassador Bolton declaring that the adoption of the ICC breaches “the American citadel . . . , advocates of binding international law will be well on the way toward ultimate elimination of the ‘nation state.’”

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